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HomeMy WebLinkAbout2023.08.01 Agenda Packet - Regular MeetingCity Council Agenda Tuesday, August 1, 2023 6:30 PM South Coast Air Quality Management District/Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 How to Observe the Meeting From Home: The public can observe the meeting by calling +1 (562) 247 -8422, Access Code: 979-966-307 OR visit: https://attendee.gotowebinar.com/register/1734716420562470230. How to Submit Public Comment: The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to the City Clerk at cityclerk@DiamondBarCA.gov by 4:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the record at the meeting and posted on the City’s official agenda webpage as soon as reasonably practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx). The public may log into the meeting through this link: https://attendee.gotowebinar.com/register/1734716420562470230. Members of the public will be called upon one at a time during the Public Comment portion of the agend a. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. American Disability Act Accommodations: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839 - 7010 within 72 hours of the meeting. City Council video recordings with transcription will be available upon request the day following the Council Meeting. The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. AUGUST 1, 2023 PAGE 2 RUTH M. LOW Council Member CHIA TENG Council Member STEVE TYE Council Member ANDREW CHOU Mayor STAN LIU Mayor Pro Tem City Manager Dan Fox • City Attorney Omar Sandoval • City Clerk Kristina Santana DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. Copies of staff reports or other written documentation relating to agenda items are on file and available for public inspection by contacting the Office of the City Clerk. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. A person who disrupts the orderly conduct of the meeting after being warned by the Mayor or the Mayor’s designee that their behavior is disrupting the meeting, may result in the person being removed from the meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV (on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47) and on the City’s website at www.diamondbarca.gov/agendas. The City Council may take action on any item listed on the agenda. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov/agendas General information: (909) 839-7000 Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR LIVE VIEWING AT HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/1734716420562470230 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA August 01, 2023 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Troy Wong, Gateway Friends Church ROLL CALL: Low, Teng, Tye, Mayor Pro Tem Liu, Mayor Chou APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NONE. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: “Public Comments” is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Council. Although the City Council values your comments, pursuant to the Brown Act, members of the City Council or Staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five-minute maximum time limit when addressing the City Council. At this time, the teleconference moderator will ask callers one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. AUGUST 1, 2023 PAGE 2 4. SCHEDULE OF FUTURE EVENTS: 4.1 Diamond Bar Night Out & Concerts in the Park – Creedence Relived – August 2, 2023, 6:30 – 8:00 p.m. Summitridge Park. 4.2 Movies Under the Stars – DC League of Super Pets – August 2, 2023, 6:30 – 8:00 p.m. Summitridge Park. 4.3 Planning Commission Meeting – August 8, 2023 – 6:30 p.m. online teleconference and Windmill Room, 21810 Copley Dr. 4.4 Coffee with a Cop – August 8, 2023, 5:30 – 7:30 p.m. Paris Baguette, 21050 Golden Springs Drive, Ste C105 4.5 Free Paper Shredding Event – August 12, 2023, 9:00 a.m. – 1:00 p.m. SCAQMD Parking Log, 21865 Copley Dr. 4.6 City Council Meeting – August 15, 2023, 6:30 p.m. online teleconference and SCAQMD Main Auditorium, 21865 Copley Dr. 5. CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 5.1 CITY COUNCIL MINUTES OF THE JULY 18, 2023 REGULAR MEETING. 5.1.a July 18, 2023 City Council Study Session Minutes 5.1.b July 18, 2023 City Council Regular Meeting Minutes Recommended Action: Approve the July 18, 2023 Study Session and Regular City Council meeting minutes. Requested by: City Clerk 5.2 RATIFICATION OF CHECK REGISTER DATED JULY 12, 2023 THROUGH JULY 25, 2023 TOTALING $1,646,309.96. Recommended Action: Ratify the Check Register. Requested by: Finance Department 5.3 TREASURER'S STATEMENT Recommended Action: AUGUST 1, 2023 PAGE 3 Approve the June 2023 Treasurer’s Statement. Requested by: Finance Department 5.4 FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. FOR LANDSCAPE PLAN CHECKING AND INSPECTION SERVICES THROUGH JUNE 30, 2024. Recommended Action: Approve and authorize the City Manager to sign the First Amendment to the Consulting Services Agreement with David Evans and Associates, Inc., granting the first of two optional one-year extensions to June 30, 2024. Requested by: Community Development Department 5.5 AUTHORIZATION TO PURCHASE A CITY FLEET VEHICLE FROM PUENTE HILLS FORD. Recommended Action: Authorize the City Manager to issue a Purchase Order in the amount of $52,222.83 to Puente Hills Ford for the purchase of one (1) Ford zero emission vehicle. Requested by: Public Works Department 5.6 AMENDMENT #4 TO THE CONSULTANT SERVICES AGREEMENT WITH TENNIS ANYONE, INC. FOR TENNIS INSTRUCTION THROUGH JUNE 30, 2024. Recommended Action: Approve and authorize the City Manager to sign the fourth Amendment to the Consultant Services Agreement with Tennis Anyone, Inc. Requested by: Parks & Recreation Department 5.7 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ABSOLUTE INTERNATIONAL SECURITY, INC. FOR SECURITY GUARD SERVICES THROUGH JUNE 30, 2024. Recommended Action: Approve and authorize the City Manager to sign Amendment #1 to the Professional Services Agreement with Absolute International Security, Inc through June 30, 2024. Requested by: Parks & Recreation Department AUGUST 1, 2023 PAGE 4 6. PUBLIC HEARINGS: NONE. 7. COUNCIL CONSIDERATION: 7.1 AMENDMENTS TO TITLE 16 OF THE DIAMOND BAR CITY CODE TO ADOPT, BY REFERENCE, TITLE 32, FIRE CODE OF THE LOS ANGELES COUNTY CODE, AS AMENDED, WHICH CONSTITUTES AN AMENDED VERSION OF THE CALIFORNIA FIRE CODE, 2022 EDITION. Recommended Action: A. Hear the staff presentation, receive public testimony and discuss; B. Determine that the proposed action does not constitute a project and is therefore exempt from the California Environmental Quality Act (“CEQA”); and C. Introduce for first reading by title only, waive full reading of Ordinance No. 02 (2023), and set for public hearing, second reading and adoption at the August 15, 2023 City Council meeting. Requested by: Community Development Department 7.2 AMENDMENT TO TITLE 5 (BUSINESS LICENSING) OF THE DIAMOND BAR CITY CODE RELATED TO PEDDLING AND STREET VENDING TO FURTHER IMPLEMENT SB 946 (2018), SB 972 (2022), AND SAFEGUARD COMPLIANCE WITH THE AMERICANS WITH DISABILITY ACT. Recommended Action: A. Hear the staff presentation, receive public testimony and discuss; B. Determine that the proposed code amendment is not subject to CEQA pursuant to Sections 15061(b)(3) and 15305 of the CEQA Guidelines; and C. Approve for first reading by title only, waive full reading of Ordinance No. 03 (2023) and schedule the second reading and adoption at the next regularly scheduled City Council meeting. Requested by: Community Development Department 8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 9. ADJOURNMENT: Agenda #: 5.1 Meeting Date: August 1, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE JULY 18, 2023 REGULAR MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the July 18, 2023 Study Session and Regular City Council meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Minutes have been prepared and are being presented for approval. PREPARED BY: REVIEWED BY: 5.1 Packet Pg. 7 Attachments: 1. 5.1.a July 18, 2023 City Council Study Session Minutes 2. 5.1.b July 18, 2023 City Council Regular Meeting Minutes 5.1 Packet Pg. 8 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MINUTES SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, ROOM CC-08 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 JULY 18, 2023 CALL TO ORDER: Mayor Chou called the Study Session to order at 5:30 p.m. ROLL CALL: Council Members Ruth Low, Chia Yu Teng, Steve Tye, Mayor Pro Tem Stan Liu and Mayor Andrew Chou Staff Present In Person: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Omar Sandoval, City Attorney; Anthony Santos, Assistant to the City Manager; David Liu, Public Works Director; Cecilia Arellano, Public Information Coordinator; Joan Cruz, Administrative Coordinator; Kristina Santana, City Clerk Staff Present Telephonically: Jason Jacobsen, Finance Director 1. AUTOMATIC LICENSE PLATE READERS: ACM/McLean provided the staff report on the makeup and purpose of the Automatic License Plate Readers Flock System as a statewide investigative tool to assist law enforcement in the search of warrants and stolen vehicles through the database which is maintained and accessible on a statewide level, and advised Council that regarding storage of data, the City Attorney interprets state law as it currently exists that the city has a responsibility to maintain a year of data. M/Chou asked for Public Comments and none were offered. Following discussion and staff responses to its questions and concerns, there was majority City Council agreement with C/Low opposed to direct staff to move forward with consideration of a negotiated and specific contract with Flock Safety System for discussion and possible action under open agenda at a future City Council meeting. ADJOURNMENT: With no further business to come before the City Council, Mayor Chou recessed the Study Session at 6:29 p.m. to the Regular City Council Meeting. Respectfully submitted: _________________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 1st day of August, 2023. ______________________________ Andrew Chou, Mayor 5.1.a Packet Pg. 9 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/MAIN AUDITORIUM 21865 COPLEY DRIVE, DIAMOND BAR, CA 91765 JULY 18, 2023 STUDY SESSION: 5:30 p.m., Room CC-08, SCAQMD Automatic License Plate Readers (ALPRs) Public Comments: None Offered Adjournment: 6:29 p.m. CALL TO ORDER: Mayor Chou called the Regular City Council meeting to order at 6:37 p.m. in the South Coast Air Quality Management District Main Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Mayor Chou led the Pledge of Allegiance. INVOCATION: Sam Bang, Co-Pastor, Northminster Presbyterian Church, provided the Invocation. ROLL CALL: Council Members Ruth Low, Chia Yu Teng, Steve Tye, Mayor Pro Tem Stan Liu, and Mayor Andrew Chou Staff Present In Person: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Omar Sandoval, City Attorney; Anthony Santos, Assistant to the City Manager; Greg Gubman, Community Development Director; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Cecilia Arellano, Senior Community Relations Coordinator; Jason Jacobsen, Finance Director; Joan Cruz, Administrative Coordinator; Kristina Santana, City Clerk Staff Present Telephonically: Ryan Wright, Parks and Recreation Director Others Present: Captain Stephen Tousey, Diamond Bar/Walnut Station (in person) and Leticia Pacillas, LACFD Community Services Liaison (telephonically). APPROVAL OF AGENDA: Mayor Chou approved the agenda as presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None 3. PUBLIC COMMENTS: Jeff Lowe, Artistic Director, Alchemy Theatre Company, asked the Council to consider offering theatre non-profit performances as a City-sponsored event to 5.1.b Packet Pg. 10 JULY 18, 2023 PAGE 2 CITY COUNCIL better serve the community and much needed support for the theatre company. Cynthia Yu, Diamond Bar Library, reported on upcoming library programs and events. Additional program information can be found online at www.lacountylibrary.org. 4. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Schedule of Future Events. 5. CONSENT CALENDAR: MPT/Liu moved, C/Low seconded, to approve the Consent Calendar as presented. Motion carried 5-0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Low, Teng, Tye, MPT/Liu, M/Chou NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 5.1 APPROVED CITY COUNCIL MINUTES FOR: 5.1.1 JUNE 20, 2023 REGULAR CITY COUNCIL MEETING. 5.2 RATIFIED CHECK REGISTER DATED JUNE 14, 2023 THROUGH JULY 11, 2023 TOTALING $2,841,694.99. 5.3 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN A PURCHASE ORDER WITH DIRECT CONNECTION, FOR PRINTING AND MAILING SERVICES FOR THE CITY NEWSLETTER AND RECREATION BROCHURE THROUGH JUNE 30, 2024. 5.4 APPROVED AND AUTHORIZED THE CITY MANAGER TO ENTER INTO A CONSULTANT SERVICES AGREEMENT WITH SIMPSON ADVERTISING, FOR SPECIALITY GRAPHIC DESIGN SERVICES THROUGH JUNE 30, 2025. 5.5 AWARDED CONSTRUCTION CONTRACT TO G&A NELOS CONSTRUCTION, INC., FOR THE GROUNDWATER DRAINAGE IMPROVEMENTS PHASE 4 & 5 PROJECT (CIP#PW23401) AS FOLLOWS: A. DETERMINED THAT APPROVING THE CONSTRUCTION CONTRACT FOR THE PROPOSED PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301(c) AND 15302 OF THE CEQA GUIDELINES; AND, B. APPROVED AND AUTHORIZED THE MAYOR TO SIGN A CONTRACT AGREEMENT WITH G&A NELOS CONSTRUCTION, INC. IN THE AMOUNT OF $223,788 APPROVING BID SCHEDULE, PLUS A CONTINGENCY AMOUNT OF $22,378.80, FOR CONTRACT 5.1.b Packet Pg. 11 JULY 18, 2023 PAGE 3 CITY COUNCIL CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $246,166.80. 5.6 APPROVED AND AUTHORIZED THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO GOVCONNECTION, INC. FOR THE PUCHASE OF AN HP MSL 2040 AND AN HP MSL 6480 TAPE LIBRARY WITH ALL REQUIRED ACCESSORIES IN THE AMOUNT NOT-TO-EXCEED $171,738.67. 6. PUBLIC HEARINGS: 6.1 LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2023-2024. PWM/Ghafari provided the staff report. M/Chou opened the Public Hearing. With no one wishing to speak on Item 6.1, M/Chou closed the Public Hearing. C/Tye moved, C/Low seconded, to adopt Resolution No. 2023-26 to levy and collect assessments for Landscape Assessment District No. 38 for Fiscal Year 2023-2024. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Low, Teng, Tye, MPT/Liu, M/Chou NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.2 LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT NO. 39-2022 FOR FISCAL YEAR 2023-2024. M/Chou and C/Low recused themselves from considering Item 6.2 and left the dais. For purposes of this item only, MPT/Liu presided over the meeting. PWM/Ghafari provided the staff report MPT/Liu opened the Public Hearing. With no one wishing to speak on Item 6.2, MPT/Liu closed the Public Hearing. C/Teng moved, C/Tye seconded, to adopt Resolution No. 2023-27 to levy and collect assessments for Landscape Assessment District No. 39-2022 for Fiscal Year 2023-24. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Teng, Tye, MPT/Liu 5.1.b Packet Pg. 12 JULY 18, 2023 PAGE 4 CITY COUNCIL NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Low, M/Chou M/Chou and C/Low returned to the dais. 6.3 LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT NO. 41-2021 FOR FISCAL YEAR 2023-2024. MPT/Liu recused himself from Item 6.3 and left the dais. PWM/Ghafari provided the staff report and responded to Council questions and concerns. M/Chou opened the Public Hearing. With no one present who wished to speak on Item 6.3, M/Chou closed the Public Hearing. C/Low moved, C/Teng seconded, to adopt Resolution No. 2023-28 to levy and collect assessments for Landscape Assessment District No. 41-2021 for Fiscal Year 2023-2024. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Low, Teng, Tye, M/Chou NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Liu MPT/Liu returned to the dais. 7. COUNCIL CONSIDERATION: 7.1 UPDATED PROGRAM POLICIES FOR THE DIAMOND BAR HOME IMPROVEMENT PROGRAM. CDD/Gubman presented the staff report which including updated program policies for the City’s Home Improvement Program approved by the City Council in June and sets forth how the program will be implemented going forward. No public comments were offered on this item. Staff responded to City Council questions and concerns. C/Low moved, MPT/Liu seconded, to determine that the proposed action does not constitute a project and is therefore exempt from the California Environmental Quality Act (CEQA); and, Adopt Resolution No. 2023-29 approving the updated program policies for the City’s Home Improvement 5.1.b Packet Pg. 13 JULY 18, 2023 PAGE 5 CITY COUNCIL Program with the following changes: Lower the minimum loan amount to $5,000; include a clarification that ADU’s will be excluded from participation in the program; include a violation provision that would preclude applicants from future loans, and include interest payments on the Deed of Trust. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Low, Teng, Tye, MPT/Liu, M/Chou NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye spoke about City Council members attending the 57/60 choke point project groundbreaking and thanked the several past council members, assembly members, senators and staff members who helped procure funds and move the project forward over the years. C/Teng participated in a tour of an Affordable Housing project in the City of Pasadena which opened his eyes to how local organizations can work with their city to bring forward these fine projects. C/Low appreciated C/Tye’s speaking about the 57/60 groundbreaking which she was unable to attend, spoke about the Miss Diamond Bar Fundraiser taking place at the Diamond Palace Restaurant until 10 p.m. this evening, the Diamond Bar Friends Fundraising Wine Soiree on August 6th at the Diamond Bar Library and hoped everyone would join the Council at tomorrow’s Concerts in the Park. MPT/Liu thanked staff for tonight’s presentations and discussions, thanked the Fire Department and Public Works Department for quickly extinguishing a brush fire last Wednesday and for keeping the community safe. He recommended that everyone participate in family kickball tomorrow at Summitridge Park at 6:00 p.m., and congratulated Diamond Bar Girls’ Softball 10U and 14U teams for making it to Nationals. M/Chou attended the Tres Hermanos Conservation Authority meeting during which staff was directed to develop public tours of the Tres Hermanos Ranch limited to 100 people (4 buses of 25 individuals each) with registration opening early September, and congratulated new businesses Solo Hot Pot and Revival Medical Spa. ADJOURNMENT: With no further business to conduct, Mayor Chou adjourned the Regular City Council Meeting at 7:47 p.m. 5.1.b Packet Pg. 14 JULY 18, 2023 PAGE 6 CITY COUNCIL Respectfully submitted: __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 1st day of August, 2023. __________________________ Andrew Chou, Mayor 5.1.b Packet Pg. 15 Agenda #: 5.2 Meeting Date: August 1, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED JULY 12, 2023 THROUGH JULY 25, 2023 TOTALING $1,646,309.96. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $1,646,309.96. BACKGROUND/DISCUSSION: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council Meeting. The attached check register containing checks dated July 12, 2023 through July 25, 2023 totaling $1,646,309.96 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and procedures, and have been reviewed and approved by the appropriate departmental staff. The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 5.2 Packet Pg. 16 REVIEWED BY: Attachments: 1. 5.2.a Check Register Affidavit 8-1-2023 2. 5.2.b Check Register 8-1-2023 5.2 Packet Pg. 17 CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated July 12, 2023 through July 25, 2023 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Signed: __________________________________ Jason M. Jacobsen Finance Director 5.2.a Packet Pg. 18 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9129 7/20/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2746 BREA CYN B PED - LS-3 100655 52210 $41.97 CHECK TOTAL $41.97 9130 7/20/2023 SOUTHERN CALIFORNIA EDISON GS-1 - 23331 GOLDEN SPRINGS PED - GS-1 100655 52210 $113.10 CHECK TOTAL $113.10 9131 7/20/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER RD - TC-1 100655 52210 $158.80 CHECK TOTAL $158.80 9132 7/20/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20439 GOLDEN SPRINGS PED - TC-1 100655 52210 $141.10 CHECK TOTAL $141.10 9134 7/20/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 717 GRAND AVE - TC-1 100655 52210 $119.96 CHECK TOTAL $119.96 9135 7/20/2023 SOUTHERN CALIFORNIA EDISON GS-1 - 2838 S DBB PED - GS-1 100655 52210 $142.54 CHECK TOTAL $142.54 9136 7/20/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3564 S BREA CYN B PED - LS-3 100655 52210 $29.35 CHECK TOTAL $29.35 9139 7/20/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21250 GOLDEN SPRINGS PED - TC-1 100655 52210 $92.90 CHECK TOTAL $92.90 9141 7/20/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20791 GOLDEN SPRINGS - TC-1 100655 52210 $146.75 CHECK TOTAL $146.75 9142 7/20/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 553 N DBB/VARIOUS - TC-1 100655 52210 $1,231.88 CHECK TOTAL $1,231.88 9143 7/21/2023 CALPERS PENSION CONTRIBUTION 7/1/23-7/14/23 & 7/1-7/31/23 239 21110 $140.91 7/21/2023 CALPERS PENSION CONTRIBUTION 7/1/23-7/14/23 & 7/1-7/31/23 241 21110 $140.91 5.2.b Packet Pg. 19 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 7/21/2023 CALPERS PENSION CONTRIBUTION 7/1/23-7/14/23 & 7/1-7/31/23 238 21110 $234.26 7/21/2023 CALPERS PENSION CONTRIBUTION 7/1/23-7/14/23 & 7/1-7/31/23 225 21110 $273.85 7/21/2023 CALPERS PENSION CONTRIBUTION 7/1/23-7/14/23 & 7/1-7/31/23 207 21110 $574.09 7/21/2023 CALPERS PENSION CONTRIBUTION 7/1/23-7/14/23 & 7/1-7/31/23 206 21110 $797.33 7/21/2023 CALPERS PENSION CONTRIBUTION 7/1/23-7/14/23 & 7/1-7/31/23 250 21110 $1,791.79 7/21/2023 CALPERS PENSION CONTRIBUTION 7/1/23-7/14/23 & 7/1-7/31/23 100 21110 $41,523.08 CHECK TOTAL $45,476.22 9144 7/21/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 07/21/2023 238 21118 $5.49 7/21/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 07/21/2023 239 21118 $5.49 7/21/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 07/21/2023 241 21118 $5.49 7/21/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 07/21/2023 207 21118 $13.16 7/21/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 07/21/2023 250 21118 $24.16 7/21/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 07/21/2023 206 21118 $44.62 7/21/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 07/21/2023 100 21118 $1,715.58 CHECK TOTAL $1,813.99 9145 7/21/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 07/21/2023 225 21109 $35.95 7/21/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 07/21/2023 239 21109 $103.85 7/21/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 07/21/2023 241 21109 $103.85 7/21/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 07/21/2023 238 21109 $207.71 5.2.b Packet Pg. 20 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 7/21/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 07/21/2023 206 21109 $243.42 7/21/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 07/21/2023 207 21109 $287.25 7/21/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 07/21/2023 250 21109 $458.80 7/21/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 07/21/2023 100 21109 $12,989.64 CHECK TOTAL $14,430.47 9148 7/25/2023 3CMA MEMBERSHIP RENEWAL 100240 52400 $845.00 CHECK TOTAL $845.00 9149 7/25/2023 ABOUND FOOD CARE CC APPROVED-FOOD RECOVERY SERVICES JUNE 23 250170 54900 $1,632.35 CHECK TOTAL $1,632.35 9150 7/25/2023 ABSOLUTE SECURITY INTERNATIONAL INC SECURITY GUARD SERVICES JUNE 2023 100510 55330 $3,990.00 CHECK TOTAL $3,990.00 9151 7/25/2023 AGRICULTURAL COM WGHTS & MEASURES WEED ABATEMENT (4/1/23-6/30/23) FY22-23 238638 52320 $1,902.35 7/25/2023 AGRICULTURAL COM WGHTS & MEASURES WEED ABATEMENT (4/1/23-6/30/23) FY22-23 100630 52320 $24,704.96 7/25/2023 AGRICULTURAL COM WGHTS & MEASURES WEED ABATEMENT (4/1/23-6/30/23) FY22-23 239639 55526 $50,061.30 CHECK TOTAL $76,668.61 9152 7/25/2023 AIRGAS INC HELIUM (06/01/23-06/30/23) FY22-23 100630 51200 $27.69 7/25/2023 AIRGAS INC HELIUM (06/01/23-06/30/23) FY22-23 100520 51200 $125.49 CHECK TOTAL $153.18 9153 7/25/2023 ALISHA PATTERSON INSTRUCTOR PAYMENT - ENRICHMENT - SUM 23 100520 55320 $1,620.00 CHECK TOTAL $1,620.00 9154 7/25/2023 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (JUNE) FY22-23 100630 52320 $70.00 5.2.b Packet Pg. 21 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 7/25/2023 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (JUNE) FY22-23 100510 52320 $105.00 7/25/2023 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (JUNE) FY22-23 100620 52320 $120.00 CHECK TOTAL $295.00 9155 7/25/2023 AOIFE ENTERPRISES INC REPLACEMENT BARS 100510 56116 $7,853.31 CHECK TOTAL $7,853.31 9156 7/25/2023 KATHY BREAUX INSTRUCTOR PAYMENT - ART - SUM 23 100520 55320 $352.80 CHECK TOTAL $352.80 9157 7/25/2023 BRIAN MARTINEZ PHOTOGRAPHER CONCERTS 7/12/23 100240 52130 $390.00 CHECK TOTAL $390.00 9158 7/25/2023 BULLSEYE TELECOM INC CITYWIDE ANALOG PHONE SERVICE - JULY 2023 100230 52200 $2,387.58 CHECK TOTAL $2,387.58 9159 7/25/2023 CALIFORNIA STATE DISBURSEMENT UNIT M. HAWKINS II REMIT #200000001825436 LOC #600099 100 23199 $106.81 CHECK TOTAL $106.81 9160 7/25/2023 CALIFORNIA DEPT OF TAX AND FEE ADMI USE TAX PAYMENT - APR - JUNE 2023 100 29005 $410.00 CHECK TOTAL $410.00 9161 7/25/2023 CDW GOVERNMENT ANNUAL RENEWAL -BARRACUDA E- MAIL SECURITY FY 23-24 100230 52314 $4,222.20 7/25/2023 CDW GOVERNMENT REPLACEMENT OF UPS BATTERIES (20) 503230 56130 $1,227.22 7/25/2023 CDW GOVERNMENT ANNUAL RENEWAL - TRENDMICRO SCANMAIL - FY 23-24 100230 52314 $1,531.20 CHECK TOTAL $6,980.62 9162 7/25/2023 CENGAGE LEARNING INC INSTRUCTOR PAYMENT - ONLINE - SUM 23 100520 55320 $75.00 CHECK TOTAL $75.00 9163 7/25/2023 CHEM PRO LABORATORY INC WATER TREATMENT CITY HALL (JULY) FY23-24 100620 52320 $179.00 CHECK TOTAL $179.00 9164 7/25/2023 CHICAGO TITLE COMPANY RECORDING FEES-HIP294 2954 RISING STAR 225440 54900 $110.00 5.2.b Packet Pg. 22 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $110.00 9165 7/25/2023 COCO SUTZE CHENG INSTRUCTOR PAYMENT - FITNESS - SUM 23 100520 55320 $144.00 CHECK TOTAL $144.00 9166 7/25/2023 COPP CONTRACTING INC AREA 2 - RES/COLL REHAB PROJ - THRU 6/30/23 301610 56101 $806,023.96 CHECK TOTAL $806,023.96 9167 7/25/2023 CORCINO PRODUCTIONS INC VIDEOTAPING OF JULY 12 CONCERT IN THE PARK 100240 55000 $1,225.00 7/25/2023 CORCINO PRODUCTIONS INC VIDEOTAPING OF JULY 19 CONCERT IN THE PARK 100240 55000 $1,200.00 CHECK TOTAL $2,425.00 9168 7/25/2023 CRAFCO INC ROAD MAINTENANCE SUPPLIES (COLD PATCH) FY23-24 100655 51250 $2,108.20 CHECK TOTAL $2,108.20 9169 7/25/2023 CREATE & LEARN INC INSTRUCTOR PAYMENT - COMPUTER - SUM 23 100520 55320 $165.60 CHECK TOTAL $165.60 9170 7/25/2023 DAPEER ROSENBLIT & LITVAK LLP CITY PROSECUTOR-CODE ENFORCEMENT JUNE 2023 100120 54024 $721.20 7/25/2023 DAPEER ROSENBLIT & LITVAK LLP CITY PROSECUTOR-CODE ENF-24311 KNOLL-JUNE 2023 100120 54024 $116.12 CHECK TOTAL $837.32 9171 7/25/2023 DEANE HOMES SWIM CLUB SUMMER DAY CAMP POOL EXCURSION FOR JUNE 100520 53520 $1,275.00 CHECK TOTAL $1,275.00 9172 7/25/2023 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $736.00 CHECK TOTAL $736.00 9173 7/25/2023 DIAMOND AGE SENIOR CLUB SENIOR CLUB INSURANCE REIMBURSEMENT 225440 54900 $1,002.85 CHECK TOTAL $1,002.85 9174 7/25/2023 DIAMOND BAR STORAGE OWNER LLC OFF SITE STORAGE #92 #376 DEPT JULY AUG 2023 100420 52302 $1,560.90 CHECK TOTAL $1,560.90 5.2.b Packet Pg. 23 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9175 7/25/2023 DIANA CHO & ASSOCIATES CDBG ADMINISTRATIVE FEES-SENIOR SERVICES-MAY 2023 225440 54900 $170.00 7/25/2023 DIANA CHO & ASSOCIATES CDBG ADMINISTRATIVE FEES-SENIOR SVS JUNE 2023 225440 54900 $772.50 7/25/2023 DIANA CHO & ASSOCIATES CDBG ADMINISTRATIVE SERVICES- AREA3 MAY 2023 301610 56101 $446.25 7/25/2023 DIANA CHO & ASSOCIATES CDBG ADMINISTRATIVE SERVICES- AREA3 JUNE 2023 301610 56101 $425.00 CHECK TOTAL $1,813.75 9176 7/25/2023 DOCUSIGN, INC E-SIGNATURE SOFTWARE & SUPPORT - FY 23-24 100230 52314 $2,794.50 CHECK TOTAL $2,794.50 9177 7/25/2023 DS SERVICES OF AMERICA INC BOTTLED WATER DELIVERY (JUNE) FY23- 24 100620 51200 $428.39 CHECK TOTAL $428.39 9178 7/25/2023 ECOFERT INC FERTILIZER INJECTION SYSTEM (JUNE) FY22-23 100630 52320 $1,207.00 CHECK TOTAL $1,207.00 9179 7/25/2023 EXPRESS MAIL CORPORATE ACCOUNT NXTDAY MAIL APPL-PC MTG 3/28/23- 1930 BREA CYN 100 22107 $24.90 7/25/2023 EXPRESS MAIL CORPORATE ACCOUNT NXT DAY MAIL-PC MTG 5/9/23-AGENDA PKT TO CITY ATTY 100410 52170 $24.90 7/25/2023 EXPRESS MAIL CORPORATE ACCOUNT NXTDAY MAIL-5/9/23 STAFF RPT PCN 23- 14 1155 DB BL 100410 52170 $24.90 7/25/2023 EXPRESS MAIL CORPORATE ACCOUNT NXTDAY MAIL-5/9/23 PC MTG-PCN23-14 1155 DB BL 100410 52170 $24.90 7/25/2023 EXPRESS MAIL CORPORATE ACCOUNT NXTDAY MAIL-5/9/23 PCMTG STAFF RPT- 22432FALCONBURN 100410 52170 $24.90 7/25/2023 EXPRESS MAIL CORPORATE ACCOUNT NXTDAY MAIL-PCMTG 5/9/23 STAFF RPT- 22432 FALCONBUR 100410 52170 $24.90 7/25/2023 EXPRESS MAIL CORPORATE ACCOUNT NXT DAY MAIL-PC MTG 5/23/23 AGENDA PKT 2 CITY ATTY 100410 52170 $24.90 CHECK TOTAL $174.30 9180 7/25/2023 FEDERAL EXPRESS CORPORATION SECURE MAILING = PAPER CONTRACT/TYLER TECH -JUN 23 503230 56135 $21.67 CHECK TOTAL $21.67 9181 7/25/2023 FOOTHILL BUILDING MATERIALS INC SAND BAG DELIVERY (STATION #119) FY 22-23 100350 51200 $616.49 5.2.b Packet Pg. 24 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $616.49 9182 7/25/2023 FRANCOISE S ZAMBRA INSTRUCTOR PAYMENT - PILATES - SUM 23 100520 55320 $240.00 CHECK TOTAL $240.00 9183 7/25/2023 FRONTIER COMMUNICATIONS CORP SUMMARY ACCT - INTERNET/CITY HALL - JULY 2023 100230 54030 $775.52 CHECK TOTAL $775.52 9184 7/25/2023 GERALDINE KELLER INSTRUCTOR PAYMENT - CULINARY - SUM 23 100520 55320 $36.00 CHECK TOTAL $36.00 9185 7/25/2023 GO LIVE TECHNOLOGY INC PS/ELM PROJECT MGMT - MAY 2023 503230 56135 $220.00 7/25/2023 GO LIVE TECHNOLOGY INC PS/SOLAR APP PROJECT MGMT - JUNE 2023 503230 56135 $1,170.00 CHECK TOTAL $1,390.00 9186 7/25/2023 GOTO COMMUNICATIONS INC CITYWIDE PHONE SYSTEM - JULY 2023 100230 52200 $2,686.61 CHECK TOTAL $2,686.61 9187 7/25/2023 GOVCONNECTION INC JABRA WIRELESS PHONE HEADSETS (2) 100230 51300 $88.70 7/25/2023 GOVCONNECTION INC LOGITECH WEBCAMS (2) - FY 23-24 100230 51200 $144.54 7/25/2023 GOVCONNECTION INC HARD DRIVE ENCLOSURES (2) 100230 51300 $129.83 CHECK TOTAL $363.07 9188 7/25/2023 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (JUNE) FY22-23 100630 55505 $2,660.70 7/25/2023 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (JUNE) FY22-23 100510 55505 $5,864.40 7/25/2023 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (JUNE) FY22-23 100620 52320 $9,474.25 CHECK TOTAL $17,999.35 9189 7/25/2023 HARRIS COMPUTER SYSTEMS ANNUAL SOFTWARE MAINTENANCE - FY 23-24 100230 52314 $34,806.40 CHECK TOTAL $34,806.40 9190 7/25/2023 HODGMAN ENTERPRISES PRINTING,MAILING SERVICES FOR JULY 6P NEWSLETTER 100240 52110 $4,432.46 CHECK TOTAL $4,432.46 5.2.b Packet Pg. 25 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9191 7/25/2023 HONEYCOTT INC BEE REMOVAL (LARKSTONE PARK) FY23- 24 100630 52320 $135.00 CHECK TOTAL $135.00 9192 7/25/2023 HUMANE SOCIETY OF POMONA VALLEY INC IVHS ANIMAL CONTROL SERVICES - JUNE 2023 100340 55404 $30,455.00 CHECK TOTAL $30,455.00 9193 7/25/2023 IMPACT ABSORBENTS INC RD MAINT SUPPLIES - FY 22/23 100655 51250 $1,009.06 CHECK TOTAL $1,009.06 9194 7/25/2023 INCREDIBLE ENTERTAINMENT INC SUMMER DAY CAMP EXCURSION 100520 53520 $1,010.62 CHECK TOTAL $1,010.62 9195 7/25/2023 ITERIS INC ON-CALL - CITYWIDE TS TIMING SERVICES - JUNE 2023 207650 54410 $2,325.06 7/25/2023 ITERIS INC ON-CALL - TS ENGR - 2845 DBB REVIEW 100 22107 $1,300.00 CHECK TOTAL $3,625.06 9196 7/25/2023 JAMES EVENT PRODUCTION INC SPECIAL ENTERTAINMENT FOR PATRIOTIC CONCERT 7.5.23 100520 55300 $4,075.00 CHECK TOTAL $4,075.00 9197 7/25/2023 JOE A GONSALVES & SON INC PROF. SERVICES STATE LOBBYIST FOR JULY 2023 100130 54900 $2,500.00 CHECK TOTAL $2,500.00 9198 7/25/2023 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - MAY 2023 201610 54200 $6,594.13 7/25/2023 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - 2244 INDIAN CREEK RD. 100 22109 $120.00 7/25/2023 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - MAY 2023 201610 54200 $270.00 CHECK TOTAL $6,984.13 9199 7/25/2023 KEVIN D JONES PS-SR-57/60 CONFLUENCE PROJ ADVOCACY - JUNE 2023 100615 54400 $4,000.00 CHECK TOTAL $4,000.00 9200 7/25/2023 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - JUN 2023 100230 52314 $50.00 CHECK TOTAL $50.00 9201 7/25/2023 LEACH ROOFING COMPANY HIP294 PROGRAM-2954 RISING STAR 225440 54900 $25,000.00 CHECK TOTAL $25,000.00 5.2.b Packet Pg. 26 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9202 7/25/2023 LOCAL AGENCY ENGINEERING ASSOCIATES INC PS - ENGR STAFF AUGMENTATION - JUNE 2023 100615 54400 $640.00 7/25/2023 LOCAL AGENCY ENGINEERING ASSOCIATES INC PS - ENGR STAFF AUGMENTATION - JUNE 2023 207650 54400 $1,618.75 7/25/2023 LOCAL AGENCY ENGINEERING ASSOCIATES INC PS - ENGR STAFF AUGMENTATION - JUNE 2023 100610 54400 $1,903.75 7/25/2023 LOCAL AGENCY ENGINEERING ASSOCIATES INC PS - ENGR STAFF AUGMENTATION - JUNE 2023 201610 54400 $3,515.00 CHECK TOTAL $7,677.50 9203 7/25/2023 LOOMIS COURIER SERVICES - JUNE 2023 100210 54900 $718.24 7/25/2023 LOOMIS COURIER SERVICES - JUNE 2023 100510 54900 $718.24 CHECK TOTAL $1,436.48 9204 7/25/2023 LOS ANGELES COUNTY PUBLIC WORKS REIMBURSEMENT - STREET LIGHT CHARGES - 2018-2023 100655 52210 $43,942.65 CHECK TOTAL $43,942.65 9205 7/25/2023 LOWE'S BUSINESS ACCOUNT BUILDING MAINTENANCE (DBC) FY23-24 100510 52320 $400.59 CHECK TOTAL $400.59 9206 7/25/2023 MCE CORPORATION ROAD MAINTENANCE (JUNE) FY22-23 100655 55530 $7,193.28 7/25/2023 MCE CORPORATION ROAD MAINTENANCE (JUNE) FY22-23 100655 55528 $15,527.09 CHECK TOTAL $22,720.37 9207 7/25/2023 METROLINK METROLINK PASSES - JUNE 2023 206650 55610 $1,064.00 7/25/2023 METROLINK METROLINK PASSES - JUNE 2023 206650 55620 $4,256.00 CHECK TOTAL $5,320.00 9208 7/25/2023 MICHAEL BALLIET CONSULTING LLC ENVIRONMENTAL CONSULTING MAY- JUNE 2023 250170 54900 $4,146.25 CHECK TOTAL $4,146.25 9209 7/25/2023 MICHAEL MINARDO PUBLIC HRG ENVELOPES 100410 51200 $394.20 CHECK TOTAL $394.20 9210 7/25/2023 NATIONAL TRENCH SAFETY INC EQUIPMENT RENTAL (K-RAILS 6/9/23- 7/6/23) FY 22-23 100655 52300 $455.52 CHECK TOTAL $455.52 9211 7/25/2023 NEOGOV ANNUAL SUBSCRIPTION - INSIGHT - FY 23-24 100230 52314 $4,819.27 5.2.b Packet Pg. 27 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $4,819.27 9212 7/25/2023 NRPA MEMBERSHIP RENEWAL 100520 52400 $700.00 CHECK TOTAL $700.00 9213 7/25/2023 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $1,910.00 CHECK TOTAL $1,910.00 9214 7/25/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - JUNE 2023 100510 51200 $142.60 7/25/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - JUNE 2023 100240 51200 $226.15 7/25/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - JUNE 2023 100210 51200 $230.41 7/25/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - JUNE 2023 100610 51200 $304.10 7/25/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - JUNE 2023 100410 51200 $369.46 7/25/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - JUNE 2023 100420 51200 $369.46 7/25/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - JUNE 2023 100520 51200 $553.79 7/25/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - JUNE 2023 100350 51200 $556.64 7/25/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - JUNE 2023 100140 51200 $610.76 7/25/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - JUNE 2023 100220 51200 $776.46 7/25/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - JUNE 2023 100630 51200 $1,111.37 CHECK TOTAL $5,251.20 9215 7/25/2023 ONE TIME PAY VENDOR ALCHEMY THEATRE COMPANY FACILITY DEPOSIT REFUND 100 20202 $1,000.00 CHECK TOTAL $1,000.00 9216 7/25/2023 ONE TIME PAY VENDOR CHIU-FEN LIN RECREATION CLASS REFUND 100 20202 $119.00 CHECK TOTAL $119.00 9217 7/25/2023 ONE TIME PAY VENDOR DANIEL SHEPHERD RECREATION CLASS REFUND 100 20202 $105.00 CHECK TOTAL $105.00 9218 7/25/2023 ONE TIME PAY VENDOR EMILY PARK RECREATION PROGRAM REFUND 100 20202 $175.00 CHECK TOTAL $175.00 9219 7/25/2023 ONE TIME PAY VENDOR JANNET BARRAGAN FACILITY REFUND 100 20202 $1,197.50 CHECK TOTAL $1,197.50 5.2.b Packet Pg. 28 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9220 7/25/2023 ONE TIME PAY VENDOR JULIA LAZARIDIS FACILITY DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 9221 7/25/2023 ONE TIME PAY VENDOR LETICIA ORETEGA FACILITY DEPOSIT REFUND 100 20202 $300.00 CHECK TOTAL $300.00 9222 7/25/2023 ONE TIME PAY VENDOR LILI LUAN RECREATION CLASS REFUND 100 20202 $100.00 CHECK TOTAL $100.00 9223 7/25/2023 ONE TIME PAY VENDOR LISA WONG RECREATION CLASS REFUND 100 20202 $84.00 CHECK TOTAL $84.00 9224 7/25/2023 ONE TIME PAY VENDOR MARY HELEN HICKEY RECREATION CLASS REFUND 100 20202 $42.50 CHECK TOTAL $42.50 9225 7/25/2023 ONE TIME PAY VENDOR MELISANDE FOLEY RECREATION CLASS REFUND 100 20202 $21.25 CHECK TOTAL $21.25 9226 7/25/2023 ONE TIME PAY VENDOR MICHAEL BOURENANE FACILITY DEPOSIT REFUND 100 20202 $200.00 CHECK TOTAL $200.00 9227 7/25/2023 ONE TIME PAY VENDOR MICHAEL WONG RECREATION PROGRAM REFUND 100 20202 $365.00 CHECK TOTAL $365.00 9228 7/25/2023 ONE TIME PAY VENDOR MINA LEE RECREATION CLASS REFUND 100 20202 $199.00 CHECK TOTAL $199.00 9229 7/25/2023 ONE TIME PAY VENDOR NAVIN PATEL FACILITY REFUND 100 20202 $450.00 CHECK TOTAL $450.00 9230 7/25/2023 ONE TIME PAY VENDOR PHILLIP CHANG RECREATION CLASS REFUND 100 20202 $42.50 CHECK TOTAL $42.50 9231 7/25/2023 ONE TIME PAY VENDOR RATTANJOT SIGNH CHAHAL FACILITY REFUND 100 20202 $180.00 CHECK TOTAL $180.00 9232 7/25/2023 ONE TIME PAY VENDOR RATTANJOT SINGH CHAHAL FACILITY REFUND 100 20202 $500.00 CHECK TOTAL $500.00 9233 7/25/2023 ONE TIME PAY VENDOR SUNSHINE SENIORS ASSOCIATION FACILITY DEPOSIT REFUND 100 20202 $100.00 5.2.b Packet Pg. 29 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $100.00 9234 7/25/2023 ONE TIME PAY VENDOR THERESA TRAN RECREATION CLASS REFUND 100 20202 $14.80 CHECK TOTAL $14.80 9235 7/25/2023 ONE TIME PAY VENDOR VANESSA KERNELL RECREATION CLASS REFUND 100 20202 $89.00 CHECK TOTAL $89.00 9236 7/25/2023 ONE TIME PAY VENDOR XIAOHANG SHA RECREATION CLASS REFUND 100 20202 $14.80 CHECK TOTAL $14.80 9237 7/25/2023 ONE TIME PAY VENDOR YAJAIRA TOLEDO FACILITY REFUND 100 20202 $5,653.00 CHECK TOTAL $5,653.00 9238 7/25/2023 ONE TIME PAY VENDOR YINGHUA TAN RECREATION CLASS REFUND 100 20202 $200.00 CHECK TOTAL $200.00 9239 7/25/2023 ONE TIME PAY VENDOR LUISA ALLEN COMPUTER LOAN REIMBURSEMENT 100 12410 $1,055.39 CHECK TOTAL $1,055.39 9240 7/25/2023 OREGON DEPARTMENT OF JUSTICE M.HAWKINS II REMIT #410000000248361 ORD#16DR05207 100 23199 $106.81 CHECK TOTAL $106.81 9241 7/25/2023 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINT SVCS (CITY PARKS JUNE) FY22-23 100510 55505 $5,865.00 7/25/2023 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINT SVCS (CITY PARKS JUNE) FY22-23 100630 55505 $27,411.00 CHECK TOTAL $33,276.00 9242 7/25/2023 PROTECTION ONE INC BURGLAR ALARM (CITY HALL JULY) FY23-24 100620 52320 $41.74 CHECK TOTAL $41.74 9243 7/25/2023 PUBLIC STORAGE #23051 PARKS AND RECREATION OFF SITE STORAGE UNITS 100520 52302 $722.00 7/25/2023 PUBLIC STORAGE #23051 PARKS AND RECREATION OFF SITE STORAGE UNITS 100520 52302 $757.00 CHECK TOTAL $1,479.00 9244 7/25/2023 PYRO COMM SYSTEMS INC FIRE ALARM MONITORING (CITY HALL JUL-SEP) FY23-24 100620 52320 $135.00 CHECK TOTAL $135.00 5.2.b Packet Pg. 30 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9245 7/25/2023 QUINN RENTAL SERVICES GENERATOR RENTAL FOR CONCERTS IN THE PARK - JUNE 100520 55300 $2,777.23 CHECK TOTAL $2,777.23 9246 7/25/2023 REACH SPORTS MARKETING GROUP INC ANNUAL RENEWAL - PLAYER LICENSE FY23-24 100230 52314 $2,500.00 CHECK TOTAL $2,500.00 9247 7/25/2023 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JUNE 2023 206650 55610 $545.30 7/25/2023 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JUNE 2023 206650 55620 $2,181.20 CHECK TOTAL $2,726.50 9248 7/25/2023 REINBERGER CORPORATION BUSINESS CARDS 100130 52110 $86.51 CHECK TOTAL $86.51 9249 7/25/2023 RICHDAI INC INSTRUCTOR PAYMENT - ARTS - SUM 23/24 100520 55320 $1,575.60 CHECK TOTAL $1,575.60 9250 7/25/2023 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES JUNE 2023 100420 55100 $52,042.21 CHECK TOTAL $52,042.21 9251 7/25/2023 ROSS CREATIONS SOUND SYSTEM FOR CONCERTS 7.12.23 100520 55300 $1,585.00 7/25/2023 ROSS CREATIONS SOUND SERVICES FOR CONCERTS 7.19.23 100520 55300 $1,585.00 7/25/2023 ROSS CREATIONS SOUND SERVICES FOR CONCERTS 7.26.23 100520 55300 $1,585.00 CHECK TOTAL $4,755.00 9252 7/25/2023 SAFEWAY SIGN COMPANY ROAD MAINTENANCE SUPPLIES (SIGNS) FY22-23 100655 51250 $3,679.84 7/25/2023 SAFEWAY SIGN COMPANY ROAD MAINTENANCE SUPPLIES (SIGNS) FY22-23 100655 51250 $4,537.94 CHECK TOTAL $8,217.78 9253 7/25/2023 SARAH KELLY BAND FOR 7.19.23 CONCERT 100520 55300 $1,800.00 CHECK TOTAL $1,800.00 9254 7/25/2023 SC FUELS FUEL (JUNE) FY22-23 502130 52330 $48.20 7/25/2023 SC FUELS FUEL (JUNE) FY22-23 502430 52330 $135.49 7/25/2023 SC FUELS FUEL (JUNE) FY22-23 502620 52330 $216.57 5.2.b Packet Pg. 31 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 7/25/2023 SC FUELS FUEL (JUNE) FY22-23 502630 52330 $658.55 7/25/2023 SC FUELS FUEL (JUNE) FY22-23 502655 52330 $739.12 CHECK TOTAL $1,797.93 9255 7/25/2023 SIMPSON ADVERTISING INC ARTWORK INSTALLATION AT DBC 100510 56116 $4,831.90 CHECK TOTAL $4,831.90 9256 7/25/2023 SO COAST AIR QUALITY MGT DISTRICT FACILITY LEASE FOR AUGUST 2023 100130 52302 $2,623.01 CHECK TOTAL $2,623.01 9257 7/25/2023 SOCIAL VOCATIONAL SERVICES LITTER & WEED REMOVAL (RIGHT OF WAY JUNE) FY22-23 100645 55528 $3,113.00 CHECK TOTAL $3,113.00 9258 7/25/2023 SOL SHINE PRODUCTIONS MOVIE SCREEN RENTAL FOR 7.5, 7.12, & 7.19 EVENT 100520 55300 $5,235.00 CHECK TOTAL $5,235.00 9259 7/25/2023 SPECTRUM BUSINESS INTERNET SERVICES - HERITAGE PARK - JULY 2023 100230 54030 $268.98 CHECK TOTAL $268.98 9260 7/25/2023 SQBOX SOLUTIONS LTG ANNUAL MAINTENANCE - INTRANET CONNECTION FY 23-24 100230 52314 $4,500.00 CHECK TOTAL $4,500.00 9261 7/25/2023 SWANK MOTION PICTURES INC MOVIE LICENSE FOR MOVIES IN THE PARK 7.12.23 100520 55300 $685.00 7/25/2023 SWANK MOTION PICTURES INC MOVIE FOR CONCERTS/MOVIES IN THE PARK 7.19.23 100520 55300 $720.00 CHECK TOTAL $1,405.00 9262 7/25/2023 THE GAS COMPANY CITY HALL (6.12.23-7.12.23) FY23-24 100620 52215 $199.63 7/25/2023 THE GAS COMPANY HERITAGE (6.13.23-7.13.23) FY23-24 100630 52215 $27.89 7/25/2023 THE GAS COMPANY DBC (6.14.23-7.14.23) FY23-24 100510 52215 $1,233.32 CHECK TOTAL $1,460.84 9263 7/25/2023 THE JAY PARTICLE LLC SUMMER DAY CAMP ENTERTAINMENT 100520 55315 $485.00 CHECK TOTAL $485.00 9264 7/25/2023 TRES HERMANOS CONSERVATION AUTHORITY JPA ANNUAL MAINTENANCE OF GROUNDS 248630 52320 $90,330.00 5.2.b Packet Pg. 32 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $90,330.00 9265 7/25/2023 TYLER TECHNOLOGIES INC ANNUAL MAINTENANCE - ERP - FY 2023- 24 100230 52314 $57,196.32 CHECK TOTAL $57,196.32 9266 7/25/2023 UNITED RECORDS MANAGEMENT INC OFF-SITE STORAGE - BACK-UP TAPES - JUNE 2023 100230 55000 $594.00 CHECK TOTAL $594.00 9267 7/25/2023 UNITED SITE SERVICES OF CALIFORNIA INC RESTROOM AND SINK RENTAL FOR CONCERTS 6.28.23 100520 55300 $1,045.73 7/25/2023 UNITED SITE SERVICES OF CALIFORNIA INC PORTABLE RESTROOM RENTALS 7.5.23 100520 55300 $1,045.73 7/25/2023 UNITED SITE SERVICES OF CALIFORNIA INC PORTABLE RESTROOM RENTALS 7.12.23 100520 55300 $1,045.73 CHECK TOTAL $3,137.19 9268 7/25/2023 US BANK ST PAUL BANK FEE-LEASE REVENUE REFUNDING BONDS FY 23/24 401510 52255 $3,000.00 CHECK TOTAL $3,000.00 9269 7/25/2023 VALLEY VISTA SERVICES, INC. STREET SWEEPING SERVICES (JUNE) FY22-23 100655 55510 $10,427.82 CHECK TOTAL $10,427.82 9270 7/25/2023 VERMONT SYSTEMS INC ANNUAL MAINTENANCE - WEB TRAC FY 23-24 100230 52314 $7,414.87 CHECK TOTAL $7,414.87 9271 7/25/2023 WW GRAINGER INC EXHAUST MOTOR LIBRARY RESTROOM FY23-24 100620 52320 $368.55 CHECK TOTAL $368.55 9272 7/25/2023 WALNUT VALLEY WATER DISTRICT CITY HALL WATER (JUNE) FY 22-23 100620 52220 $900.36 7/25/2023 WALNUT VALLEY WATER DISTRICT DBC WATER (JUNE) FY22-23 100510 52220 $509.78 7/25/2023 WALNUT VALLEY WATER DISTRICT PARKS WATER (JUNE) FY22-23 100630 52220 $20,044.68 7/25/2023 WALNUT VALLEY WATER DISTRICT PARKS RECYCLED WATER (JUNE) FY22- 23 100630 52220 $1,345.39 7/25/2023 WALNUT VALLEY WATER DISTRICT DISTRICT 38 WATER (JUNE) FY22-23 238638 52220 $9,381.93 7/25/2023 WALNUT VALLEY WATER DISTRICT DISTRICT 38 RECYCLED WATER (JUNE) FY22-23 238638 52220 $1,544.13 7/25/2023 WALNUT VALLEY WATER DISTRICT DISTRICT 39 WATER (JUNE) FY22-23 239639 52220 $5,026.62 5.2.b Packet Pg. 33 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 7/25/2023 WALNUT VALLEY WATER DISTRICT DISTRICT 41 WATER (JUNE) FY22-23 241641 52220 $5,460.37 CHECK TOTAL $44,213.26 9273 7/25/2023 WANSEO CHUNG INSTRUCTOR PAYMENT - YOGA - SUM 23 100520 55320 $352.80 CHECK TOTAL $352.80 9274 7/25/2023 WILD WONDERS SUMMER DAY CAMP ENTERTAINMENT 100520 55315 $575.00 CHECK TOTAL $575.00 9275 7/25/2023 YUNEX LLC TS MAINT- CALL-OUTS - JUNE 2023 207650 55536 $3,765.13 7/25/2023 YUNEX LLC ANNUAL SUPPORT - ATCS (SCOOT) FY 23-24 207650 52314 $30,150.00 7/25/2023 YUNEX LLC TS MAINTENANCE - FEB 2023 (REVISED) 207650 55536 $5,540.00 7/25/2023 YUNEX LLC TS MAINT - CALL OUTS - FEB 2023 100655 55536 $7,332.72 7/25/2023 YUNEX LLC TS MAINT - REPAIR - BALLENA/GOLDEN SPRINGS 2-23-23 100655 55536 $293.99 CHECK TOTAL $47,081.84 GRAND TOTAL $1,646,309.96 5.2.b Packet Pg. 34 Agenda #: 5.3 Meeting Date: August 1, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: TREASURER'S STATEMENT STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve the June 2023 Treasurer’s Statement. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Consistent with City policy, the Finance Department presents the monthly Treasurer’s Statement to the City Council for review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City’s Investment Policy. PREPARED BY: REVIEWED BY: 5.3 Packet Pg. 35 Attachments: 1. 5.3.a Treasurer's Cash Report - June 2023 2. 5.3.b Treasurer's Certification & Portfolio Report - June 2023 5.3 Packet Pg. 36 TOTAL CASH BALANCES Cash Funds General Account $2,430,668.75 Payroll Account $0.00 Change Fund - General Fund $2,000.00 Change Fund - Prop A Fund $300.00 Petty Cash Account $500.00 Parking Account Minimum $250.00 Cash With Fiscal Agent (US Bank 2021 Bonds)$1,541.63 Total Cash Funds $2,435,260.38 Investment Funds (Book Value): Local Agency Investment Fund $8,444,806.18 City Managed Fixed-Income Securities (0-5 year maturity) $64,508,554.11 Total Investment Funds (City Funds & LAIF)$72,953,360.29 Fiscal Year-To-Date Effective Rate of Return (City Funds & LAIF)2.91% FY 2022-23 Budgeted Interest Earnings (City Funds & LAIF)$817,200.00 Fiscal Year-To-Date Interest Earnings (City Funds & LAIF)$1,928,143.15 Invested Funds With OPEB Trust (Managed by CalPERS/State Street) $645,436.45 Annualized rate of return as of 3/31/2023 (since 2016)2.92% Fiscal Year-To-Date Effective Rate of Return 1.75% OPEB Trust Fiscal Year-To-Date Interest Earnings $9,584.45 Total Cash and Investments $76,034,057.12 CITY OF DIAMOND BAR - CITY TREASURER'S REPORT AS OF JUNE 30, 2023 5.3.a Packet Pg. 37 INVESTMENTS BOOK VALUE PERCENT OF PORTFOLIO TERM DAYS TO MATURITY YIELD TO MATURITY Federal Credit Union CD $7,207,000.00 9.88%1,323 1,020 3.645% Local Agency Investment Fund $8,444,806.18 11.58%1 1 3.167% Corporate Notes $946,137.86 1.30%1,667 744 3.946% Federal Agency Coupon Securities $10,974,349.90 15.04%1,027 697 3.719% Federal Agency Discount-Amortizing $10,185,078.14 13.96%156 46 5.019% Treasury Coupon Securities $12,934,537.24 17.73%1,060 654 2.770% Federal Agency Callable $8,998,003.86 12.33%1,512 502 2.374% Certificates of Deposit-Banks $3,958,621.05 5.43%1,523 797 2.146% Municipal Bonds $2,004,485.50 2.75%1,565 1,168 3.666% Money Market Fund $7,300,340.56 10.01%1 1 4.760% Total Investments and Averages $72,953,360.29 100.00%829 475 3.515% TOTAL INTEREST EARNED I certify that this report accurately reflects all City pooled investments Daniel Fox and is in conformity with the investment policy of the City of Diamond Bar City Treasurer approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. $213,196.92 $1,928,143.15 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT June 30, 2023 MONTH ENDING FISCAL YEAR-TO-DATE June 30, 2023 2022-23 5.3.b Packet Pg. 38 City of Diamond Bar Portfolio Management June 30, 2023 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA (909)839-7053 Portfolio Summary % of Portfolio Book ValueInvestmentsMarket Value Par Value Days to MaturityTerm YTM/C Federal Credit Union CD 7,207,000.00 1,3239.88 3.6451,0207,141,725.467,207,000.00 Local Agency Investment Funds 8,444,806.18 111.58 3.16718,336,082.808,444,806.18 Corporate Notes 946,137.86 1,6671.30 3.946744940,817.121,000,000.00 Federal Agency Coupon Securities 10,974,349.90 1,02715.04 3.71969710,972,337.7611,000,000.00 Federal Agency Disc. -Amortizing 10,185,078.14 15613.96 5.0194610,185,078.1410,250,000.00 Treasury Coupon Securities 12,934,537.24 1,06017.73 2.77065412,758,197.9113,000,000.00 Federal Agency Callable 8,998,003.86 1,51212.33 2.3745028,636,023.009,000,000.00 Certificate of Deposit 3,958,621.05 1,5235.43 2.1467973,816,345.293,959,000.00 Municipal Bonds 2,004,485.50 1,5652.75 3.6661,1681,969,789.352,145,000.00 Money Market Fund 7,300,340.56 110.01 4.76017,300,340.567,300,340.56 72,953,360.29 100.00%Investments 72,056,737.3973,306,146.74 829 475 3.515 Current Year June 30 213,196.92 Fiscal Year To Date 1,928,143.15 1,928,143.15 Fiscal Year Ending Average Daily Balance Effective Rate of Return 73,423,156.02 66,177,686.04 2.91%3.53% Total Earnings Month Ending __________________________________________________ ____________________ Jason M. Jacobsen, Finance Director Portfolio POOL AP Reporting period 06/01/2023-06/30/2023 Run Date: 07/24/2023 - 18:22 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 07/24/2023 5.3.b Packet Pg. 39 Days to Maturity Page 1 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Federal Credit Union CD 1,264America's Credit Union10402 248,000.00 248,000.00 12/16/20261.35012/16/2021 227,139.23 1,82606251A3K4 1.350 1,712Alaska USA FCU10547 249,000.00 249,000.00 03/08/20284.60003/08/2023 249,000.00 1,827011852AE0 4.600 688American Express Bank10419 246,000.00 246,000.00 05/19/20253.10005/18/2022 244,052.66 1,09702589ACS9 3.100 576A+ FEDERAL CU10528 249,000.00 249,000.00 01/27/20254.70001/27/2023 249,000.00 73100224TAL0 4.700 387Apple Bank For Savings10443 248,000.00 248,000.00 07/22/20243.20007/22/2022 248,000.00 73103784JTK0 3.200 1,543AUSTIN TELCO FCU10495 249,000.00 249,000.00 09/21/20273.80009/21/2022 249,000.00 1,826052392BT3 3.800 387Baxter Credit Union10444 248,000.00 248,000.00 07/22/20243.15007/22/2022 248,000.00 73107181JAG9 3.150 1,487Capital One Bank USA10453 248,000.00 248,000.00 07/27/20273.50007/27/2022 248,000.00 1,82614042THZ3 3.500 836CHIEF FINANCIAL FCU10502 249,000.00 249,000.00 10/14/20254.60010/12/2022 249,000.00 1,09816863LAE5 4.600 947COCA-COLA FCU10529 249,000.00 249,000.00 02/02/20264.60001/31/2023 249,000.00 1,09819123RAA0 4.600 941Community Commerce Bank10440 248,000.00 248,000.00 01/27/20263.05007/27/2022 248,000.00 1,28020367GBD0 3.050 787Connexus CU10474 248,000.00 248,000.00 08/26/20253.50008/26/2022 248,000.00 1,09620825WBC3 3.500 971GREENSTATE CREDIT UNION10255 248,000.00 248,000.00 02/26/20260.65002/26/2021 224,875.74 1,82639573LAV0 0.650 1,178HEALTHCARE SYSTEMS FCU10496 249,000.00 249,000.00 09/21/20263.60009/21/2022 249,000.00 1,46142228LAH4 3.600 1,311State Bank of India10410 248,000.00 248,000.00 02/01/20271.75001/31/2022 230,670.75 1,827856285E98 1.750 1,552JEANNE D'ARC CREDIT UNION10491 249,000.00 249,000.00 09/30/20273.80009/30/2022 249,000.00 1,826472207AE9 3.800 941LIBERTY FIRST CU10530 249,000.00 249,000.00 01/27/20264.50001/27/2023 249,000.00 1,096530520AC9 4.500 1,537LUMINATE BANK10487 249,000.00 249,000.00 09/15/20273.40009/15/2022 249,000.00 1,82655026MAE5 3.400 986MID CAROLINA CU10549 249,000.00 249,000.00 03/13/20264.85003/13/2023 249,000.00 1,09659524LAA4 4.850 737Sallie Mae Bank10461 248,000.00 248,000.00 07/07/20253.40007/06/2022 248,000.00 1,097795451BQ5 3.400 996TECHNOLOGY CU10551 249,000.00 249,000.00 03/23/20265.00003/23/2023 249,000.00 1,09687868YAL7 5.000 1,482Toyota Financial SGS Bank10442 248,000.00 248,000.00 07/22/20273.40007/22/2022 248,000.00 1,82689235MNT4 3.400 818UNIVERSITY CREDIT UNION10492 249,000.00 249,000.00 09/26/20254.00009/26/2022 249,000.00 1,096914242AA0 4.000 699US ALLIANCE FED CREDIT UNION10424 249,000.00 249,000.00 05/30/20253.10005/31/2022 246,987.08 1,09590352RCM5 3.100 807USF FCU10550 249,000.00 249,000.00 09/15/20255.05003/15/2023 249,000.00 91590353EBC6 5.050 391Utah Community Fed Cr Union10454 248,000.00 248,000.00 07/26/20243.15007/27/2022 248,000.00 730917352AA4 3.150 1,552BANK OF THE VALLEY NE10494 249,000.00 249,000.00 09/30/20274.10009/30/2022 249,000.00 1,82606543PDA0 4.100 1,201VCC BANK10499 249,000.00 249,000.00 10/14/20264.25010/14/2022 249,000.00 1,46191823MBE4 4.250 846VERIDIAN CU10500 249,000.00 249,000.00 10/24/20254.50010/24/2022 249,000.00 1,09692348DAA7 4.500 7,207,000.00 1,3237,141,725.467,207,000.007,207,000.00Subtotal and Average 1,020 3.645 Local Agency Investment Funds 1Local Agency Investment Fund10028 8,444,806.18 8,444,806.18 3.1678,336,082.80 1LAIF 3.167 8,444,806.18 18,336,082.808,444,806.188,844,806.18Subtotal and Average 1 3.167 Corporate Notes 1,452Bank of America Corp.10515 500,000.00 447,172.62 06/22/20272.00012/27/2022 447,172.62 1,63806048WR36 5.000 109Toyota MTR Credit Corp10223 500,000.00 498,965.24 10/18/20232.25002/28/2019 493,644.50 1,69389236TDK8 3.001 Portfolio POOL AP Run Date: 07/24/2023 - 18:22 PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 5.3.b Packet Pg. 40 Days to Maturity Page 2 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date 946,137.86 1,667940,817.121,000,000.00945,462.35Subtotal and Average 744 3.946 Federal Agency Coupon Securities 10Federal Farm Credit Bank10446 500,000.00 499,983.58 07/11/20233.00007/18/2022 499,983.58 3583133ENA83 3.120 720Federal Farm Credit Bank10458 500,000.00 501,851.84 06/20/20253.37507/11/2022 501,851.84 1,0753133ENZG8 3.176 601Federal Farm Credit Bank10543 500,000.00 498,537.46 02/21/20254.75003/01/2023 498,537.46 7233133EPBH7 4.939 1,614Federal Farm Credit Bank10545 1,000,000.00 994,430.35 12/01/20274.12503/01/2023 994,430.35 1,7363133EPCG8 4.267 242Federal Home Loan Bank10416 2,000,000.00 1,997,200.03 02/28/20242.12503/29/2022 1,974,200.00 7013130ARHG9 2.344 1,441Federal Home Loan Bank10432 1,000,000.00 999,280.11 06/11/20273.50006/16/2022 1,020,268.00 1,8213130ASGU7 3.520 1,077Federal Home Loan Bank10447 1,000,000.00 1,006,423.43 06/12/20263.37507/18/2022 1,006,423.43 1,4253130ASJ59 3.141 363Federal Home Loan Bank10460 1,000,000.00 996,656.27 06/28/20242.75007/08/2022 996,656.27 7213130ASDS5 3.099 440Federal Home Loan Bank10483 750,000.00 744,846.08 09/13/20243.50009/22/2022 744,846.08 7223130AT6G7 4.100 440Federal Home Loan Bank10533 750,000.00 748,426.78 09/13/20244.87502/22/2023 748,426.78 5693130ATVD6 5.058 235Federal Home Loan Bank10534 500,000.00 499,682.87 02/21/20245.00002/22/2023 499,682.87 3643130AV2E1 5.103 986Federal Home Loan Bank10537 500,000.00 496,948.31 03/13/20264.37502/27/2023 496,948.31 1,110313373B68 4.619 81Federal Home Loan Mtg Corp10542 500,000.00 500,000.00 03/20/20265.82003/20/2023 500,000.00 1,0963134GYMT6 5.820 1,440INTER-AMERICAN DEV. BANK10498 500,000.00 490,082.79 06/10/20272.98009/13/2022 490,082.79 1,73145818WED4 3.902 10,974,349.90 1,02710,972,337.7611,000,000.0011,006,991.24Subtotal and Average 697 3.719 Federal Agency Disc. -Amortizing 9Federal Home Loan Bank10511 1,000,000.00 998,837.50 07/10/20234.65012/07/2022 998,837.50 215313384HY8 4.832 86Federal Home Loan Bank10526 750,000.00 741,623.96 09/25/20234.67501/23/2023 741,623.96 245313384MD8 4.865 4Federal Home Loan Bank10532 1,500,000.00 1,499,216.67 07/05/20234.70001/31/2023 1,499,216.67 155313384HT9 4.864 142Federal Home Loan Bank10535 1,000,000.00 980,435.56 11/20/20234.96002/24/2023 980,435.56 269313384PM5 5.179 72Federal Home Loan Bank10536 1,000,000.00 990,180.00 09/11/20234.91002/24/2023 990,180.00 199313384LP2 5.106 47Federal Home Loan Bank10538 1,000,000.00 993,602.78 08/17/20234.90002/28/2023 993,602.78 170313384KN8 5.086 24Federal Home Loan Bank10553 1,000,000.00 996,726.67 07/25/20234.91005/04/2023 996,726.67 82313384JP5 5.034 52Federal Home Loan Bank10554 1,000,000.00 992,893.33 08/22/20234.92005/05/2023 992,893.33 109313384KT5 5.064 24Federal Home Loan Bank10556 1,000,000.00 996,680.00 07/25/20234.98005/22/2023 996,680.00 64313384JP5 5.094 37Federal Home Loan Bank10557 1,000,000.00 994,881.67 08/07/20234.98005/22/2023 994,881.67 77313384KC2 5.104 10,185,078.14 15610,185,078.1410,250,000.0013,094,046.07Subtotal and Average 46 5.019 Treasury Coupon Securities 1,279U.S. Treasury10403 1,000,000.00 996,380.44 12/31/20261.25001/04/2022 925,664.00 1,82291282CDQ1 1.357 623U.S. Treasury10415 3,000,000.00 2,973,451.70 03/15/20251.75003/22/2022 2,903,439.00 1,08991282CED9 2.290 319U.S. Treasury10417 2,000,000.00 1,996,283.29 05/15/20242.50004/25/2022 1,983,672.00 751912828WJ5 2.720 396U.S. Treasury10434 1,000,000.00 989,740.11 07/31/20241.75006/08/2022 975,742.00 784912828Y87 2.730 365U.S. Treasury10435 1,000,000.00 985,875.79 06/30/20241.75006/14/2022 976,875.00 7479128286Z8 3.222 1,460U.S. Treasury10436 1,000,000.00 1,008,686.88 06/30/20273.25007/14/2022 1,008,686.88 1,81291282CEW7 3.014 853U.S. Treasury10445 1,000,000.00 997,225.62 10/31/20253.00007/18/2022 997,225.62 1,2019128285J5 3.125 Portfolio POOL AP Run Date: 07/24/2023 - 18:22 PM (PRF_PM2) 7.3.0 5.3.b Packet Pg. 41 Days to Maturity Page 3 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Treasury Coupon Securities 822U.S. Treasury10456 1,000,000.00 996,617.19 09/30/20253.00007/11/2022 996,617.19 1,1779128285C0 3.158 715U.S. Treasury10459 1,000,000.00 996,720.28 06/15/20252.87507/08/2022 996,720.28 1,07391282CEU1 3.051 91U.S. Treasury10482 1,000,000.00 993,555.94 09/30/20231.37509/21/2022 993,555.94 374912828T26 4.039 12,934,537.24 1,06012,758,197.9113,000,000.0012,931,658.74Subtotal and Average 654 2.770 Federal Agency Callable 976Federal Farm Credit Bank10258 500,000.00 500,000.00 03/03/20260.79003/03/2021 463,515.50 1,8263133EMSH6 0.790 653Federal Farm Credit Bank10259 500,000.00 500,000.00 04/14/20250.69004/14/2021 468,659.00 1,4613133EMVS8 0.690 194Federal Farm Credit Bank10397 1,000,000.00 1,000,000.00 01/11/20271.47001/11/2022 933,642.00 1,8263133ENKG4 1.470 1,305Federal Farm Credit Bank10405 1,500,000.00 1,500,000.00 01/26/20271.84001/26/2022 1,417,582.50 1,8263133ENMA5 1.840 1,514Federal Farm Credit Bank10475 500,000.00 500,000.00 08/23/20274.03008/23/2022 500,000.00 1,8263133ENH52 4.030 54Federal Home Loan Bank10254 500,000.00 499,602.92 02/24/20260.62502/24/2021 460,993.50 1,8263130AL7M0 0.686 27Federal Home Loan Bank10406 1,500,000.00 1,500,000.00 01/28/20271.70001/28/2022 1,398,064.50 1,8263130AQKJ1 1.700 237Federal Home Loan Bank10428 1,000,000.00 1,000,000.00 02/23/20243.00005/23/2022 994,442.00 6413130ARYU9 3.000 548Federal Home Loan Bank10513 750,000.00 750,000.00 12/30/20274.55012/30/2022 750,000.00 1,8263130AUDL5 4.550 89Federal Home Loan Mtg Corp10433 750,000.00 748,400.94 06/28/20243.12506/28/2022 749,124.00 7313134GXYM0 3.422 25Federal Home Loan Mtg Corp10527 500,000.00 500,000.00 07/26/20245.02001/26/2023 500,000.00 5473134GYE57 5.020 8,998,003.86 1,5128,636,023.009,000,000.008,997,932.87Subtotal and Average 502 2.374 Certificate of Deposit 978BANK UNITED NA10256 248,000.00 248,000.00 03/05/20260.65003/05/2021 224,768.35 1,826066519QK8 0.000 688Capital One Bank10429 248,000.00 248,000.00 05/19/20253.10005/18/2022 246,036.83 1,09714042RRH6 3.100 1,418Cy Fair FCU10555 249,000.00 249,000.00 05/19/20274.35005/19/2023 249,000.00 1,46123288UAA5 4.355 702Discover Bank10431 246,000.00 246,000.00 06/02/20253.10006/01/2022 244,005.19 1,097254673F68 3.100 272Deleware Police Fed Credit Uni10451 246,000.00 245,621.05 03/29/20243.00007/20/2022 245,621.05 618246399AB5 3.210 403EnerBank USA10230 247,000.00 247,000.00 08/07/20242.15008/07/2019 241,213.04 1,82729278TKJ8 2.152 1,165Goldman Sachs Bank10260 248,000.00 248,000.00 09/08/20261.05009/08/2021 225,703.81 1,82638149MZJ5 1.051 332JP Morgan Chase10250 248,000.00 248,000.00 05/28/20251.00005/28/2020 231,727.23 1,82648128UDS5 1.001 738Meritrust Fed CU10457 248,000.00 248,000.00 07/08/20253.35007/08/2022 248,000.00 1,09659001PAS8 3.350 306Morgan Stanley Bank10226 246,000.00 246,000.00 05/02/20242.75005/02/2019 243,893.01 1,82761760AZR3 2.753 996Pentagon Federal Credit Union10414 248,000.00 248,000.00 03/23/20261.80003/22/2022 234,447.30 1,46270962LBH4 1.800 984Pathfinder Bank10257 249,000.00 249,000.00 03/11/20260.70003/11/2021 225,981.94 1,82670320KAX9 0.000 419Raymond James Bank NA10233 247,000.00 247,000.00 08/23/20242.00008/23/2019 240,310.01 1,82775472RAE1 2.002 689Synchrony Bank10430 248,000.00 248,000.00 05/20/20253.10005/20/2022 246,033.11 1,09687165GR79 3.100 1,487Third Fed Savings & Loan10455 245,000.00 245,000.00 07/27/20273.40007/27/2022 245,000.00 1,82688413QDM7 3.402 1,166UBS Bank USA10261 248,000.00 248,000.00 09/09/20260.95009/09/2021 224,604.42 1,82690348JS92 0.000 3,958,621.05 1,5233,816,345.293,959,000.003,958,600.85Subtotal and Average 797 2.146 Portfolio POOL AP Run Date: 07/24/2023 - 18:22 PM (PRF_PM2) 7.3.0 5.3.b Packet Pg. 42 Days to Maturity Page 4 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Municipal Bonds 336CALIF STATE HLTH FACS AUTH10252 200,000.00 200,000.00 06/01/20240.75211/04/2020 189,923.60 1,30513032UXL7 0.752 701CALIF STATE HLTH FACS AUTH10253 250,000.00 250,000.00 06/01/20250.95211/04/2020 231,621.25 1,67013032UXM5 0.952 489California St Univ Rev-Bond10251 100,000.00 100,000.00 11/01/20240.68509/17/2020 93,759.00 1,50613077DMK5 0.685 1,127LOS ANGELES CA CMNTY CLG DIST10523 365,000.00 328,854.70 08/01/20261.17401/05/2023 328,854.70 1,30454438CYL0 4.700 1,492POWAY UNIFIED SCHOOL DIST10522 1,230,000.00 1,125,630.80 08/01/20272.41401/04/2023 1,125,630.80 1,670738850TA4 4.750 2,004,485.50 1,5651,969,789.352,145,000.002,002,983.84Subtotal and Average 1,168 3.666 Wells Fargo Sweep Account 1Wells Fargo10036 0.00 0.00 0.01007/01/2012 0.00 1SWEEP 0.010 0.00 00.000.000.00Subtotal and Average 0 0.000 Money Market Fund 1State Street Advisors10562 7,300,340.56 7,300,340.56 4.76005/31/2023 7,300,340.56 1857492888 4.760 1Western Asset10561 0.00 0.00 5.15005/25/2023 0.00 152470G882 5.150 7,300,340.56 17,300,340.567,300,340.564,433,673.89Subtotal and Average 1 4.760 82973,423,156.02 73,306,146.74 475 3.51572,056,737.39 72,953,360.29Total and Average Portfolio POOL AP Run Date: 07/24/2023 - 18:22 PM (PRF_PM2) 7.3.0 5.3.b Packet Pg. 43 Days to Maturity Page 5 Par Value Book Value Stated RateMarket Value June 30, 2023 Portfolio Details - Cash Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date 0.00 82973,423,156.02 73,306,146.74 475 3.515 0 0Average Balance 72,056,737.39 72,953,360.29Total Cash and Investments Portfolio POOL AP Run Date: 07/24/2023 - 18:22 PM (PRF_PM2) 7.3.0 5.3.b Packet Pg. 44 Page 1 Stated Rate Transaction Date June 1, 2023 through June 30, 2023 Activity By Type Balance Portfolio Management City of Diamond Bar CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals Federal Credit Union CD 7,207,000.00Subtotal Local Agency Investment Funds (Monthly Summary) Local Agency Investment Fund10028 0.003.167 1,000,000.00LAIF 1,000,000.00 8,444,806.18Subtotal0.00 Corporate Notes 946,137.86Subtotal Federal Agency Coupon Securities Federal Home Loan Bank10479 0.000.125 06/02/2023 1,000,000.003130AMRY0 ** 1,000,000.00 10,974,349.90Subtotal0.00 Federal Agency Disc. -Amortizing Federal Home Loan Bank10510 0.004.550 06/16/2023 1,000,000.00313384GY9 ** Federal Home Loan Bank10540 0.004.980 06/22/2023 1,000,000.00313384HE2 ** Federal Home Loan Bank10552 0.004.835 06/27/2023 2,000,000.00313384HK8 ** 4,000,000.00 10,185,078.14Subtotal0.00 Treasury Coupon Securities 12,934,537.24Subtotal Federal Agency Callable 8,998,003.86Subtotal Certificate of Deposit 3,958,621.05Subtotal Municipal Bonds 2,004,485.50Subtotal Wells Fargo Sweep Account 0.00Subtotal Money Market Fund State Street Advisors10562 4,800,340.574.760 0.00857492888 0.00 7,300,340.56Subtotal4,800,340.57 Portfolio POOL AP Run Date: 07/24/2023 - 18:22 PM (PRF_PM3) 7.3.0 ** - Indicates incomplete recording of maturity redemption. Report Ver. 7.3.6.1 5.3.b Packet Pg. 45 Page 2 Stated Rate Transaction Date June 1, 2023 through June 30, 2023 Activity By Type Balance Portfolio Management City of Diamond Bar CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals 72,953,360.29Total6,000,000.004,800,340.57 Portfolio POOL AP Run Date: 07/24/2023 - 18:22 PM (PRF_PM3) 7.3.0 5.3.b Packet Pg. 46 Agenda #: 5.4 Meeting Date: August 1, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. FOR LANDSCAPE PLAN CHECKING AND INSPECTION SERVICES THROUGH JUNE 30, 2024. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve and authorize the City Manager to sign the First Amendment to the Consulting Services Agreement with David Evans and Associates, Inc., granting the first of two optional one-year extensions to June 30, 2024. FINANCIAL IMPACT: The total not-to-exceed amount set forth in the Consulting Services Agreement is $125,000 per fiscal year. Landscape plan checking and inspection services are funded through application and processing fees paid to the City by project applicants. BACKGROUND: On July 1, 2020, the City executed a Consulting Services Agreement with DEA to provide landscape plan checking and inspection services. That Agreement provided for an initial three-year term and allowed for the City to grant up to two (2) one-year extensions. The current contract expired on June 30, 2023. DISCUSSION: DEA has provided landscape plan checking and inspection services to the City since August 17, 2012. Throughout that time, the firm has consistently provided the City and project applicants with thorough, detailed project reviews in a timely manner and provided exemplary customer service to the City and its customers. 5.4 Packet Pg. 47 It is recommending that the City Council approve the one-year extension retroactive to July 1st, based upon successful demonstration of exemplary contract performance (Attachment 1). LEGAL REVIEW: The City Attorney has reviewed and approved the First Amendment to the Consulting Services Agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.4.a First Amendment to Consulting Services Agreement 5.4 Packet Pg. 48 1 FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. FOR LANDSCAPE PLAN CHECK CONSULTING SERVICES This First Amendment to Consultant Services Agreement (“First Amendment”) is executed as of August 1, 2023, by and between the City of Diamond Bar, a municipal corporation (“City”), and David Evans and Associates, Inc., a California corporation (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of July 1, 2020, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant desire to amend the Original Agreement as provided herein. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2020 to June 30, 2023. This First Amendment extends the Term for an additional fiscal year from July 1, 2023 to June 30, 2024. 3. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. IN WITNESS hereof, the parties enter into this First Amendment on the year and day as first set forth above. "Consultant" "City" DAVID EVANS AND ASSOCIATES, INC. CITY OF DIAMOND BAR By: ______ By: ____ Deering Volkmann Viola, Vice President Dan Fox, City Manager 5.4.a Packet Pg. 49 2 ATTEST: ____ Kristina Santana, City Clerk Approved as to form: By:____ Omar Sandoval, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasu rer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 5.4.a Packet Pg. 50 Agenda #: 5.5 Meeting Date: August 1, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AUTHORIZATION TO PURCHASE A CITY FLEET VEHICLE FROM PUENTE HILLS FORD. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Authorize the City Manager to issue a Purchase Order in the amount of $52,222.83 to Puente Hills Ford for the purchase of one (1) Ford zero emission vehicle. FINANCIAL IMPACT: Funding is available in the FY2023/24 Vehicle Maintenance and Replacement Fund (Fund 502) for the scheduled purchase of one (1) new Ford zero-emission vehicle in the amount of $52,222.83. The vehicle purchase is fully off-set by AB 2766 Air Quality Management District Funds via a transfer from Fund 251. BACKGROUND/ANALYSIS: The FY2023/24 budget included the purchase of two (2) zero-emission replacement vehicles as part of the scheduled operation and maintenance of the City’s fleet vehicles. The proposed purchase order is for the first of two (2) zero-emission vehicles for this fiscal year. The second vehicle will likely need to be ordered directly from the factory and will be considered separately by the Council at a future date. On July 25, 2023 the Public Works Department solicited quotes from local Ford dealers for a 2023 Mustang Mach-E Select that are available on the lot. The City received three (3) responses from local dealers ranging from $52,222.83 to $57,598.62. The quotes are as follows: • Puente Hills Ford $52,222.83 • Fairview Ford $52,636.59 • Performance Ford $57,598.62 5.5 Packet Pg. 51 The Puente Hills Ford’s quote is attached. Therefore, consistent with the City’s Purchasing Ordinance, it is recommended that the City Council authorize the City Manager to issue a purchase order to Puente Hills Ford to purchase the zero-emission vehicle. PREPARED BY: REVIEWED BY: Attachments: 1. 5.5.a Puente Hills Ford Quote 5.5 Packet Pg. 52 5.5.a Packet Pg. 53 Agenda #: 5.6 Meeting Date: August 1, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AMENDMENT #4 TO THE CONSULTANT SERVICES AGREEMENT WITH TENNIS ANYONE, INC. FOR TENNIS INSTRUCTION THROUGH JUNE 30, 2024. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve and authorize the City Manager to sign the fourth Amendment to the Consultant Services Agreement with Tennis Anyone, Inc. FISCAL IMPACT: The amended not-to-exceed amount for Fiscal Year 2023-24 would total $120,000. Program fees are collected from participants attending youth and adult tennis classes which are shared between the Contractor (70%) and City (30%). Sufficient funds are included in the Fiscal Year 2023-2024 Parks and Recreation budget to cover the cost of such services. BACKGROUND: Tennis Anyone provides tennis instruction through the Parks and Recreation Department’s Contract Class Program, offering affordable lessons for all levels, between ages three and older, as an independent contractor for several years in Diamond Bar. Tennis Anyone, Inc. was awarded the Services Agreement for tennis instruction on July 1, 2020 through the City’s Request for Proposal process for an initial one-year term. Consistent with Section 2 of the Original Agreement, the City Council has the option to extend the Agreement for up to three (3), one (1)-year additional terms. Although this is the fourth amendment, this is the third and final one-year extension. Amendment #2 was approved on April 5, 2002 increasing the amount of the contract by $30,000 due to an increase in resident participation, but the term remained the same. 5.6 Packet Pg. 54 The Parks and Recreation Department requests to extend the service agreement for Fiscal Year 2023-24 under the same terms based on outstanding services for an additional $120,000; therefore, the total not-to-exceed-amount would be $390,000 over the life of the agreement. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.6.a 4th Amendment - Tennis Anyone Inc. 5.6 Packet Pg. 55 5.6.a Packet Pg. 56 5.6.a Packet Pg. 57 Agenda #: 5.7 Meeting Date: August 1, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ABSOLUTE INTERNATIONAL SECURITY, INC. FOR SECURITY GUARD SERVICES THROUGH JUNE 30, 2024. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve and authorize the City Manager to sign Amendment #1 to the Professional Services Agreement with Absolute International Security, Inc through June 30, 2024. FISCAL IMPACT: The total not-to-exceed amount for Fiscal Year 2023-24 would total $89,050 based on the upcoming rental estimate. Hourly security guard fees are collected directly from facility renters and invoiced monthly to the City. Additionally, the City pays directly for overnight security guard services for City hosted special events, such as the City Birthday and Winter Snow Fest. Sufficient funds are included in the Fiscal Year 2023- 2024 Parks and Recreation budget to cover the cost of such services. BACKGROUND: Absolute International Security, Inc. has provided security guard services for private rentals and events, as well as City special events, offering affordable hourly rates for several years. Absolute International Security, Inc. was awarded the Security Guard Services Agreement on August 2, 2022 through the City’s Request for Proposal process for an initial one-year term. Consistent with Section 2 of the Original Agreement, the City Manager has the option to extend the Agreement for up to three (3), one (1)-year additional terms. This is the first, one-year extension through June 30, 2024 and the new hourly rate is below the Consumer Price Index. The Parks and Recreation Department requests to extend the service agreement for Fiscal Year 2023-24 under the same terms based on satisfactory 5.7 Packet Pg. 58 services for an additional $89,050; therefore, the total not-to-exceed-amount would be $159,850 over the life of the agreement. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.7.a 1st Amendment- Absolute International Security FY 23-24 2. 5.7.b Contract - Absolute International Security, Inc. - 202252 5.7 Packet Pg. 59 1450826.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT SECURITY GUARD SERVICES This First Amendment to Professional Services Agreement (“First Amendment”) is made and entered into as of July 18, 2023, by and between the City of Diamond Bar, a municipal corporation (“City”), and Absolute International Security, Inc. a California Corporation (“Contractor”) with reference to the following: A. The City and the Contractor entered into that certain Professional Services Agreement dated as of August 2, 2022, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms.Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Term.The Term of the Original Agreement as set forth in Section 2 therein is from August 2, 2022 to June 30, 2023.This First Amendment extends the Term up to and including June 30, 2024. 4. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services and the rates set forth in the pricing sheet entitled “Unarmed Security Officer Rates for City of Diamond Bar” set forth in Exhibit “A”. Payment will be made only after submission of proper invoices in the form specified by City. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of sixty-seven thousand, eight hundred dollars ($67,800.00). Section 3 of the Original Agreement is hereby amended to provide for an increase of eighty-nine thousand, fifty Dollars ($89,050.00) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed one thousand fifty-six, eight hundred fifty Dollars ($156,850.00) without the prior authorization of the City. 5. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency 5.7.a Packet Pg. 60 5.7.a Packet Pg. 61 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 Toll Free: (866) 969-7188 June 6, 2023 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Attn: Ms. Crystal Knox Re: Notice of Service Rate Adjustment Dear Ms. Knox, Thank you for choosing AIS for your security needs. We appreciate your business. Please accept this letter as a formal request for a service rate increase effective July 1, 2023 through June 30, 2024. Current Rate New Rate (Effective July 1, 2023) Regular Unarmed Officer $30.00/Hour $31.00/Hour Regular Unarmed Officer Overtime/Holiday Rate $45.00/Hour $46.50/Hour Below are outlined reasons why the above adjustments must be made: ™The service rate aligns with the Consumer Price Index, which for January 2023, is 6.40%. ™The service rate increase serves to compensate for both the mandatory living/minimum wage requirements as well as to further stabilize the manpower needed to service your contract due to the nationwide labor shortage from the pandemic and current economic status. Please feel free to contact us to discuss any questions you may have. As always, we are here to help, and again, we appreciate the opportunity to serve you. Sincerely, Lisa Phan, Controller Absolute Security Intl Corp EXHIBIT A 5.7.a Packet Pg. 62 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 Toll Free: (866) 969-7188 State Minimum Wage LA City Minimum Wage Unincorporated Areas of Los Angeles County LA City Living Wage 1/1/16 $10.00 7/1/16 $10.50 7/1/16 $10.50 7/01/16 $12.52 1/1/17 $10.50 7/1/17 $12.00 7/1/17 $12.00 7/1/17 $12.73 1/1/18 $11.00 7/1/18 $13.25 7/1/18 $13.25 7/1/18 $13.05 1/1/19 $12.00 7/1/19 $14.25 7/1/19 $14.25 10/15/18 $14.50 1/1/20 $13.00 7/1/20 $15.00 7/1/20 $15.00 7/01/19 $15.50 1/1/21 $14.00 7/1/21 $15.00 7/1/21 $15.00 7/01/20 $16.25 1/1/22 $15.00 7/1/22 $16.04 7/1/22 $15.96 7/01/21 $16.25 1/1/23 $15.50 7/1/23 $16.78 7/1/23 $16.90 7/01/22 $17.29 7/01/23 $18.03 5.7.a Packet Pg. 63 PROFESSIONAL SERVICES AGREEMENT SECURITY GUARD SERVICES THIS AGREEMENT (the "Agreement") is made as of August 2, 2022 by and between the City of Diamond Bar, a municipal corporation ("City") and Absolute International Security, Inc. a California corporation ("Contractor"). 1. Contractor's Services. Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the security guard services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Crystal Knox, Recreation Supervisor (herein referred to as the "City's Project Manager"), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect August 2, 2022 shall continue until June 30, 2023 ("Term"), unless earlier terminated pursuant to the provisions herein. The City Manager shall have the option to extend this Agreement for up to three (3), one (1) year terms, subject to the same terms and conditions contained herein, by giving Contractor written notice of the exercise of this option at least thirty 30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Contractor's compensation shall be subject to an adjustment upon the effective date of extension as follows: Any increase in compensation will be negotiated between the City and the Contractor, but in no event shall the increase exceed the amount that the Consumer Price Index CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services and the rates set forth in the pricing sheet entitled "Unarmed Security Officer Rates for City of Diamond Bar" set forth in Exhibit "A". pg. 70 of Contractor's Proposal. Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed sixty. 1 Professional Services -Non Design 1450836.1 5.7.b Packet Pg. 64 seven thousand, eight hundred dollars ($ 67,800.00) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. .All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Contractor the amount invoiced the City will pay Contractor the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. As between the documents attached as Exhibit "A", the following order of precedence shall apply: the document entitled (a) "Diamond Bar Facilities Security Guard Duties"; (b) "Diamond Bar Security Management Duties", (c) REQUEST FOR PROPOSAL"; (d) Contractor's proposal, (e) Cost Proposal Amendment. 7. Status as Independent Contractor, A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. 2 Professional Services -Non Design 1450836.1 5.7.b Packet Pg. 65 B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, includina but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor's failure to comply with this Section. 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: 1) Any and all claims under Workers' Compensation Act and other employee benefit acts with respect to Contractor's employees or Contractor's employees arising out of Contractor's work under this Agreement; and 2) Any and all claims arising out of Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or 3 Professional Services -Non Design 1450836.1 5.7.b Packet Pg. 66 damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third -party indemnification rights of any kind.. 3) The Contractor's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 10. Insurance. A. .Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: 1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; 2) property damage insurance with a minimum limit of $500,000.00 per occurrence; 3) Reserved 4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is g reater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. 4 Professional Services -Non Design 1450836.1 5.7.b Packet Pg. 67 D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. . F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self -insured retention SIR") and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically 5 Professional Services -Non Design 1450836.1 5.7.b Packet Pg. 68 for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire. 13. Main#enance and Inspectipn of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendors) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 6 Professional Services -Non Design 1450836.1 5.7.b Packet Pg. 69 16. Personnel/Designated Person. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Contractor reserves the right to determine the assignment of its own employees to the. performance of Contractor's services under this Agreement, but City reserves the right in its sole discretion to require Contractor to exclude any employee from performing services on City's premises. 17. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time of Completion. Contractor agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed. 19. Time Is of the Essence. l Contractor shall do all things necessary and work. 20. Reserved. me is of the essence in this Agreement. incidental to the prosecution of Contractor's 21. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor's control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost 7 Professional Services -Non Design 1450836.1 5.7.b Packet Pg. 70 within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. . 23. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Reserved. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 8 Professional Services -Non Design 1450836.1 5.7.b Packet Pg. 71 CONTRACTOR" Absolute International Security, Inc. 5155 Irwindale Ave. Irwindale, CA 91706 Attn: Lucy Lin President & Qualified Manager Phone: (626) 858-7188 Mall: Ilin(a,absolutesecurityintl.com CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn: Crystal Knox Recreation Supervisor Phone: (909) 839-7072 E-mail: cknox(cDdiamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, or any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing rdinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. Contractor" Absolute International Security, Inc. By: Printed Name: Lucy Lin Title: Treasurer Approved as to form: gy. David DeBerry, City Aftorney ATTEST: s Kristina Santana, City Clerk 9 Professional Services -Non Design 1450836.1 5.7.b Packet Pg. 72 Diamond Bar Facilities Security Guard Duties 1. Security guards must be properly trained on site by Security Guard Company's lead staff before being assigned to a scheduled shift. 2. Guards are to arrive on time and in approved uniform. Upon arrival the assigned guard(s) will sign in with the onsite supervisor and receive specific instructions for the event and pick up a radio. 3. The assigned guards) shall routinely patrol all grounds (parking lots, patios, restrooms, and building, grass and trailheads, and lobby areas) every 20 to 30 minutes for graffiti, trash, and suspicious behaviors. For example, unsupervised minors and individuals drinking in the parking lot(s). 4. The assigned guards) must make sure the customer/renter is in compliance with the 2018 Facility Use and Rental Policy. a. No open bottles on the tables. b. No minors are being served. c. Alcohol is limited to 5 hours of service time. d. Monitor opening & closing of bar areas, making sure alcohol is locked in kitchen refrigerator or taken off the premises. e. Security Guard must be 21 years of age or older. 5. The assigned guard must report suspicious behaviors to onsite supervisor immediately. Guards may directly contact the local sheriff's department if there is an immediate threat of danger/violence. Guards are not expected to become physically involved in any altercation while on duty. 6. Security guard will work with site personnel in a courteous and professional manner. 7. Security guards will be unarmed at all times. (Including, but not limited to, guns, tasers, and pepper spray.) 8. Security guards will maintain two-way radio communication with the onsite supervisor or site personnel at all times. 9. Security guard must check in with the onsite supervisor at a minimum every 30 minutes. 10.Security guards will refrain from any activities which are, or might be distracting from the proper performance of their assigned duties. For example: reading, smoking, socializing, and eating. 11. Use of a cell phone for anything other than job related purposes is prohibited. 12. Security guards may not abandon their assigned shifts. 5.13.22 5.7.b Packet Pg. 73 Diamond Bar Security Management Duties 1. AIS's lead staff must properly train Security Guards on site, before being guard is assigned to a scheduled shift. 2. Ensure guard has and wears approved uniform; black pants, black AIS issued button down shirt, properly displayed identification card is to be properly displayed for clear identification. 3. AIS supervisors are asked to.check in at the front desk with Facility staff vv.hen they do site visits. 4. Call Outs and No Shows —efforts shall be made to replace the guard through AIS's Rover Program or with a working supervisor. 5. Security guard will work with site personnel in a courteous and professional manner and properly perform Guard Duties (Exhibit B). Guards in violation will; a. be given a verbal warning and AIS management informed. bw be sent home and only paid for service hours complete. AIS management informed. c. In the event a guard is continuously in violation and/or in extreme violations, guard will be sent home without pay. AIS management will be informed immediately and asked to no longer schedule the guard at Diamond Bar sites. 6. TrackTik; a. Client Portal access shall be produced to Diamond Bar management. b. Monthly Sign in/Sign out Reports are to be submitted along with monthly invoicing. c. Any incident reports with regards to Diamond Bar posts are to be shared with Diamond Bar management. 7. Quarterly Management Meeting: September, December, March, and June. Scheduled at agreed upon date, time and location (in -person, by phone or via Zoom). To keep an open line of communication for needs of improvement, whether performance, reporting, scheduling, etc. for both parties; what is going well; or discuss policy updates and ideas. 7.1.22 5.7.b Packet Pg. 74 ABSOLUTE INTERNATIONAL SECURIT A,g IIIIIII II i 111ii1ii iii il IIIIIIIIIIitrr l d 'StaelAc:PP0161U2UV REQUEST FOR PROPOSALS FOR CITY OF DIAMOND BAR SECURITY GUARD SERVICES FOR SPECIAL EVENTS AND PRIVATE RENTALS I3USiNF.SS PROPOSAL (ELECTRICAL COPY) To: City of Diamond Bar ATTN: Ms. Crystal Knox Recreation Supervisor 21810 Copley Drive Diamond Bar, CA 917654178 From: Absolute Security Intl Corp 5155 Irwindale Ave, Irwindale, CA 91706 Lucy Lin, President/QM Tel: (626) 858-7188 llin@absolutesecurityintl.com RFP Due: June lst, 2022, at SPM (PST) 5.7.b Packet Pg. 75 TTRITY Executive SumlinjRly June 111, 2022 City of Diamond Bar - - Attn: Ms. Crystal Knox, Recreation Supervisor 21810 Copley Drive Diamond Bar. CA 917654178 Dear Ms. Knox, Thank you for the opportunity and privilege to join this bid and to introduce the Professional SecurityServicesofferedbyAbsoluteSecurityInternationalCorpdbaAbsoluteInternationalSecurity (AIS). Our company is located at 5155 Irwindale Ave, Irwindale, CA 91706 and 4255 Tyler Avenue, El Monte, CA 91731. You can reach our main office by calling (626) 858-7188 or Toll Free (866) 969-7188. IS would like to emphasize the priority we put on having the best possible executive management team. OtIr president has worked in the private security industry for more than 25 years, specializing in variouspubliccontractsintheCountyofLosAngeles, Riverside, San Bernardino, Orange, and other cities spreadthroughouthersuburbs. In addition, our operations team has over 70 years of combined Law Enforcement, Corporate Security, and Airport Police/Security experience bringing extensive knowledge in the specificfieldsoftraining, Inentoring, and customer service to help better serve you. We value this opportunity and hope that you 4vill find our conuttitment to client support exceptional and our pricing competitive and allow us to serve you. We are confident that Onr security team will provide theknowledgeandexpertiseinthefieldofsafetyandsecuritytomeetyourcontractspecifications. Please allow IS to show you how AIS will customize our Security Services for you, your employees, and your visitors byprovidingaFreeThreatAssessment. Take a moment to review the attached proposal of our company. Should you have any questions or concernsaboutthisproposal, please do not hesitate to contact me at (626) 858-7188 or email: llin@absolutesecurityinti.com. Thank you. STATEMENT 1: Lucy J. Lin (President & QM) is authorized to bind the firm and is the firm's contactpersonduringtheRFPreviewprocess. STATEMENT 2: AIS hereby confirms that we meet all requirements in RFP and AIS does NOT have any exceptions to this RFP. STATEMENT 3: Proposals shall remain valid for 180 days. STATEMENT 4: AIS hereby confirms that we will NOT use any subcontractors in this project, Best Regards, Lucy J. Lin, President & QM Absolute Security International Corp dba Absolute International Security (AIS) Proposal for RFP —The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 1 5.7.b Packet Pg. 76 ABSOLUTE ITERNAHOMAL SECIIR 1'Y ,11 IIIIIIIIIIIIi iINiIIIIIIiiUrt irllllllillllli i WMAff lkyomSe Firm and Team Experience AIS is a licensed private patrol operator approved through the Bureau of Security and Investigative Services (BSIS) and has been in business for over 13 years under the present business name. During the RFP review process, the main contact person to present AIS should be Lucy Lin. Email address is llin@absolutesecurityintl.com. AIS currently serves many contract accounts in the immediate Southern California area, including the greater regions of LA County, Riverside County, Orange County, and San Bernardino County. Most of the county and city area facilities that AIS provide services included but not limited to City Hall, Library, Transportation Center, construction site, parks patrol, etc. We currently employ over 400 employees, including highly trained armed, unarmed, and off -duty law enforcement officers who are tasked to a wide variety of contract requirements including, 24n service. All employees are licensed as mandated by the Bureau of Security and Investigative Services (BSIS). Our clients may also request that our officers be CPR/AED Certified or certified with any other specialized training. AIS purposefully recruits veterans with military and combat experience for its Operations Management Team. In doing so, our Operations team can use its extensive experience to deploy qualified officers, preempt potential problems, and fulfill the client's needs. AIS understands that by addressing and minimizing common industry issues, we can pass the savings onto the client in an affordable customized security services package. AIS has over 70 years of combined security management experience. We specialize in armed and unarmed security services for government and private contracts and implement multi -level customized security protection plans for federal, state, and local governments. We offer the following types of services: Armed and unarmed security guards You can find our officers covering sites including: Government facilities Transit stations Banks School Districts Schools Security and safety training Manufacturers Construction sites Stores Shopping centers Supermarkets Proposal for RFP —The City of Diamond Bar RFP Private 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-718 Hotels Apartments Restaurants Parking facilities Special events Services Facsimile: 5.7.b Packet Pg. 77 rauaawr As ABSOLUTE ATEMAROML SECURITY 0 , 111111111111111111111111111111iiiillillllllllllli O«LTC Differentiation Absolute Security International Corp firmly believes that change is always healthy for an industIVY . We are constantly looking for new technologies, methods, and strategies that can make our"services more effective, more efficient, and more inexpensive. The following is a list of focal points that AIS has determined to set us apart in the security industry. Absolute Security International Corp operates a communications hub 24 hours a day, 7 days a week. By not outsourcing our own IN-HOUSE Dispatch Center, AIS ensures that all operational -critical incidents are relayed directly to AIS headquarters and to appropriate channels. This ensures real-time responses and updates to our clients as situations develop, AIS has recently acquired a secondary site designated as our In -House, Licensed Training Center, which is staffed by our BSIS-certified training instructor. This allows us the unique ability to offer employment to students who excel during the training courses as well as offer the benefit of advancement opportunities to current employees who desire additional certifications, AIS newly established Attendance Monitoring/Compliance officers team led by Director of Compliance. The team is primarily not only tracking officer's attendance, but also communicating with officers very often to know any questions or concerns they might have and provide solutions to them. AIS provides our officers the opportunity to join the Rover Program, which is a team of high -quality officers with additional comprehensive training that are qualified, certified, and prepared to cover any, site or position last minute. AIS is a Proud Member of CALSAGA, the California Association of Licensed Security Agencies, Guards &Associates; Proud Member of thethe National Rifle Association; Proud Member of IACLEA, the International Association of Campus Law Enforcement Administrators; and Proud Member of ASIS, the American Society for Industrial Security, AIS carries a Comprehensive Insurance Coverage package, which includes Crime Insurance and Terrorism Risk Insurance a program within the US Department of Treasury that specifies the government shares the risk of loss from terrorist attacks. AIS has acquired very limited policy — Employment Practices Liability Insurance PLI which covers employers against claims made by employees alleging discrimination based on sex, race, age, or disability. Proposal for RFP—The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 3 5.7.b Packet Pg. 78 5 ABSOLUTE ITERI TIOIL SEIRTY AIr Illllliililillliliilllliiiiillliillilllliililllllip t,,,Cyikrdu AIS possess a strong Financial Stability, which includes a strong on ability and has satisfactory credit lines from multiple reputable banks as well as sufficient cash flow to support our Operations. Our armed officers are trained in Use of Force and Law Enforcement Active Shooter Emergency Response Training by the US Department of Homeland Security. They also take supplemental OC pepper spray, baton, and firearm training beyond the standard BSIS curriculum. AIS enforces acompany-wide no -smoking policy to .protect the client's property from cigarette smells and waste, the health of our employees, and the environment. We believe in a cleaner presentation and image for our officers that the no -smoking provides. Our company upholds aDrug-free Workplace, informing our officers of the dangers of drug abuse in the workplace, our policy for maintaining a drug -free workplace, and available drug counseling, rehabilitation, and employee assistance programs. AIS utilizes the newest technology, using TrackTik, a cloud -based security workforce software that allows for real time notifications, electronic incident reporting, guard tour management, GPS tracking, and client portals to access guard performance diagnostics and reports. AIS has partnered with U.S. Health Works Medical Group to provide Physical Abilities Testing (PAT) to determine whether guards can meet the physical demands and essential functions of the job and drug testing with up to 10 panels. Proposal for RFP —The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-Z88Z Id 5.7.b Packet Pg. 79 m[srtttm murts<,n+n L ABSON ffIRNATIONAL SECUMAirsa PHI) 11D2 Key Personnel Size of Project Team. Our operations team has over 70 years of combined Law Enforcement, Corporate Security, and Airport Police/Security experience bringing extensive knowledge in the specific fields of training, mentoring, and customer service to help better serve you. Our administrative team is more than 40 employees, and we have a security guard team of 350+ people as support. President and Qualified Manager, Ms. Lucy Lin graduated with an Executive Master of Business Administration degree from Claremont College. She has close to 30 years of experience working with firms that provide private security services. She specializes in working with government contracts and providing cost-effective custom security programs. Ms. Lin is•a certified mediator of the City of Los Angeles, City Attorney's Office and has vast experience in reaching a resolution for difficult business issues. All major decisions at AIS are overseen and approved by Ms. Lin. Her experiences include Human Resources and Administrative Management, Marketing Development, Operations System Control, and Staffing & Accounts coordination. She is responsible for business development for all aspects of contracting, marketing, logistics, and operations. Chief of Operations, Mr. David Reynoso has over 30 years of law enforcement experience as a Chief of Police overseeing one of the largest police departments in the San Gabriel Valley. He holds a Bachelor of Science degree in Criminal Justice Supervision, a master's degree in organizational leadership from Chapman University, and is an adjunct professor at local colleges such as the Rio Hondo Police Academy. Mr. Reynoso is a graduate of FBI National Academy and has proudly served in the United States Marine Corps for over four years prior to joining the police force. As Chief of Operations for ASI, Chief Reynoso will personally oversee all aspects of our company's security services operations, the creation of an elite diplomatic security team, and the development/implementation of curriculum for our in-house security training. school. The Chief of Operations will oversee all aspects of the Operations Department including managerial oversight of our guards and their command and support staff; implementation of new and current policy, command structure, direction, and vision of Operations; and coordination and direction of this Department with other adjunct Departments within the Company to ensure and grow our continued success as one of the premiere security firms in Southern California. Executive of Operations and Training, Mr. Bryan Colindres is responsible for the management and development of AIS's Training Center as well as criminal justice/law enforcement background checking of employees. He has been employed by agencies like the Orange Unified School District in the City of Orange as a Criminal Justice Instructor, the Los Angeles World Airports Police Department, and the Los Angeles Police Department for patrol and trainiDng. In those departments he was awarded the position of an FTO (Field Training Officer). His training and experience extend to a vast number of P.O.S.T. Certified Courses in Law Enforcement. He has acquired the basic Proposal for RFP —The City of Diamond Bar RFP Private Security Services 51551rwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 5 5.7.b Packet Pg. 80 Fes' ABSOLVE ITERNOML SDW LAa A P.O.S.T. certificate from the Commission of Peace Officer Standards and Training with the Department of Justice. During his 6-year tour in the United States Army, he was deployed in support of Operation Enduring Freedom as a 19 Delta Cavalry Scout (Reconnaissance) with a rank of Sergeant. Mr. Colindres ensures that -our officers in the field are wellArained and are well-equipped to fulfill the expectations of our clients. He serves as a project manager for several large- municipal accounts including the Los Angeles Department of Water and Power, LA Housing Authority, City of Pomona, City of Rancho Cucamonga, and more. Each of these sites retain between 10 and 20 officers, requiring stringent background checks, applicant screening, training, and professionalism. Regional Manager, Mr. Joe Leal is at the helm of the Operations Department at AIS. He has over 23 years of combined Military, Federal Service, and Corporate Security Management with an emphasis on training, recruiting, and customer service. He holds significant positions such as Commissioner for Veterans, Los Angeles County, I" District and Assistant Director, and Army Reserve Employer Support of the Guard and Reserve (ESGR). He has managed staff levels of all sizes and brings an increased level of leadership to the team. He oversees the Operations Department, but also contributes to a variety of additional support functions including Human Resources, Marketing/Branding, Recruiting, Risk Management, Business Development, and Logistics. He has also established National, State and County Veteran collaborative programs through outreach and engagement with the community. He was awarded the "Call to Service" award by President Obama. Director of Human Resources, Ms. Jeanette Ayala is a professional with more than 20 years of human resources management, business management and teaching experience. The Director of Human Resources works directly with the compliance department to plan, develop, and deploy policies applicable to all departments of our organization. Additionally, our HR Director provides our recruiting department with the necessary human resources input to execute best practices -for hiring and talent management. Ms. Jeanette Ayala serves as a member of the Court Appointed Special Advocate (CASA) program for children in the foster care system. She has held positions of increasing responsibility in the Business Management, Human Resources Management and Staffing functions at several nonprofits and for -profit organizations. Additionally, she joined the faculty at San Bernardino Community College District, where she has taught a variety of human resources management class and diversity inclusion courses. She has earned a Doctorate degree in Organizational Leadership at Brandman University and a master's degree in Business Administration (MBA) and in Human Resources Management. Director of Compliance, Mr. Rogelio Flores is responsible for overseeing AIS's robust compliance program. He has over 35 years of security experience and has held several administrative and operational positions throughout his career. He has extensive knowledge on physical security systems (such as Network Systems, CCTV, Access Control, Lighting, Fencing, for RFP —The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 858-2882 0 5.7.b Packet Pg. 81 y 2rt s trt q Ira gntABSOLUTEMTEMATIONALSECUMTYo RIS W ",'- I.k : PP()16192 Barriers, and Locking Hardware, as well as Integration and Fire -Life Safety Systems). He is also well -versed in administrative operations, as he has held roles from managing Fleet and Fuel Programs and a Communications / Dispatch Center, monitoring Electronic Monitoring Systems, to developing Training.modules. He has been certified by Los Angeles Fire Department's Community Emergency Response Team and their Urban Search and Rescue Team..He has also been certified by Texas A&M and TEEX in Weapons of Mass Destruction. The Director of Compliance also served as a member of the security committee at the Los Angeles Union Station where he evaluated the security threats of rail systems throughout Los Angeles. He was also a member of the National Association of Chiefs of Police (NAOCOP) and the Overseas Security Advisory Council (OSAC). Quality Assurance Manager, Mr. Samuel Santillano is the bridge between our guards, AIS, and the client. Mr. Santillano routinely inspects guard posts to check the status of their performance and to get an idea of how they are adapting to their positions. With the guards' feedback, he can administer either additional clarification or training. Any needs or concerns from our guards are addressed to ensure that the guards are working optimally. All client staff will have the QA Supervisor's number in case of emergencies or to immediately address complaints. Mr. Santillano is responsible for conducting initial site threat assessments and developing post orders with the client: His duty is to also conduct orientation and site -specific training alongside the Executive of Operations & Training, Mr. Bryan Colindres, to ensure that the officers are knowledgeable in the Scope of Work. Training Coordinator, Mr. La>r•ry Mo><••o v has 30 years of training in law enforcement and 17 years of experience in law enforcement. He received his training from the Rio Hondo Police Academy and is a trainer for BSIS approved training courses. During his time in law enforcement, he has won medals in the California Olympics and, the World Police and fire games. He oversees the, training of security officers and creates avenues to become a field supervisor. He is also responsible for strengthening client relationships and conducting incident investigations. The Training Coordinator regularly adapts his classes and training to fit specific job duties set forth by our clients. He is also responsible for teaching CPR, First Aid, Self Defense and many more certifications. Please see attached organization chart and resumes of project team at next page. Proposal for RFP —The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 7 5.7.b Packet Pg. 82 L Morrow E. Casas Operation &Training D. Reynoso Chief of Operations B. Colindres Absolute Security Intl Corp Organizational Chart D. Slegrist Chief legal officer Contract Admin S. Santillana S. lodge __ OA Manager Operations Manager p, Salcido Paralegal J. Leal A Reyes Regional Operations read Dispatcher Manager G. Hernandez D. Matson Dispatcher Lead Dispatch C. Herrera H. Morales M. Serrano Dispatcher Dispatcher Dispatcher A.Jackson D. Burris E. Mendoza Dispatcher Dispatcher Dispatch Team/Attendance Team Fin an Los Angeles County Lead S. Liu Adm(nistrator K. Huang S. Sun A, Fan R. Flares Ezecutive Assistant& Directorof Logistics Manager IT AdmInlsMtor ContractAdmin Cam liance M. Yang D. Halos A Flares J. Kim EzeativeAssistant& Logistics Assistant ITSupport iailrt Compliance SpecntnctAdmin Coordinator Ca 1. Arhalla D. Chu Attendance Logistics Assistant Amintet.atn M.Shih L Phan Olrector of Finance Controller 1. Ayala G.Jfng O. Du DirectorofNR StaffAcmuntant Payroll Ma 5. Gsta neda istrative Senior cruller W2hangYSun istant Sunnce/HR lau ttountan Post CommanderPost Commander Post Commander I Past Commander I Post Commander I I Post Commander I I Post Commander EiJ 5.7.b Packet Pg. 83 L UCY J. LIN Telephone: (626) 858-7188 Email: Ilinnabsolutesecuritvintl.com PERSONAL QUALIFICATIONS: Offers more than thirty (30) years in executive management experiences with a comprehensive background in HR & Administrative management; Marketing Development; Government Contracting; Operations System control in the private patrol sector, as well as executive management related to HR, administration, marketing, operations, and legal issues including collections, mediation, conciliations. Expert in Executive management & Business Administration Extensive Experience in Finances, Marketing, and Operations City of Los Angeles Attorney's office certified Mediator With experiences in Strategic Business Planning and International Business Negotiations PROFESSIONAL EXPERIENCES: Ms. Lucy Lin, President and Qualified Manager of Absolute Security International, Inc., a security services provider for the Southern California region, has over 30 years of experience providing high quality, low-cost security services for both public and private clients alike. She possesses a wealth of business ownership, management, contracting, and administration insight that is critical to the company and its reputation as a prominent provider of security services. Driven by her desire to provide the best security services at the lowest cost and building upon the experience gained through her previous endeavor, Odona Central Security, Inc., AIS specializes in negotiating cost-effective, customized security programs for all clients — public and private alike. Ms. Lin holds an Executive Masters of Business Administration degree from Claremont College and a visiting scholar from Cambridge University. She studied under the tutelage of Dr. Peter Drucker, widely regarded as one of the most influential thinkers of modern management. Ms. Lin is further certified as a mediator with the City of Los Angeles, City Attorney's Office. Her background, bolstered by her experience, allows Ms. Lin has given her the capacity to effectively grow Absolute Security International, Inc. into a prominent player on the security services stage in Southern California. As. Lin's mantra for Absolute Security International, Inc. is Your Protection is Our Mission. Your Safety is Our Goal. Based on that philosophy, as well as her extensive background in handling security services, Absolute Security sets out to provide the best, uncompromised, and secure security coverage at the lowest possible cost. All Operations at Absolute Security will first and foremost always fulfill the securijy needs of our client before all else. As. Lin is currently the Founder, Owner, President, and QM of Absolute Security International, Inc. She oversees the Marketing, Operations, Financial, Human Resources, and Legal departments at AIS. At the helm, Ms. Lin has acquired massive government and corporate contracts in addition to high profile contracts such as the LADWP, LADOT, HACLA, LACFD, the County of Riverside and various other municipality and city contracts. As such, under Ms. Lin's leadership, AIS has increased its annual sales revenue by more than 35% each year. Previously, Ms. Lin held the position of Chief Administrative Officer, QM, and Partner at Odona Central Security, Inc. There, she managed all administrative responsibilities, but also greatly contributed toward the company's Operational strategies. At Odona, Ms. Lin oversaw a resurgence of the company from near bankruptcy to a net worth of over $5M. 0 5.7.b Packet Pg. 84 DAVID R. REYNOS0 Professional Experience Chief of Operations, Absolute International Security (01/2022 — Present) Chief of Police - City of El Monte Police Department, Director of all police operations and personnel for Police Department of San Gabriel Valley (04/2015—12/2021) Police Captain Operations Division Commander — Baldwin Park Police Department, commanding officer of all operations bureaus and personnel (12/2013 — 04/2015) Police Lieutenant Watch Commander - Baldwin Park Police Department, managed two patrol shifts, responsible for the approval of all shift police reports and supervision of police sergeants and offices (07/2013 to 12/2013) Police Lieutenant Support Services Commander — Baldwin Park Police Department, overall administrative command of support services bureau, to include general investigations, special investigation, gang enforcement, records and dispatch management (03/2011 to 07/2013) Additional Qualifications Adjunct Staff Westwood College (01/12 to 04/15) Adjunct Staff Rio Honda College (07/15 to Present) Core Competencies Mentoring & Tutoring, Setting School Schedules, Student -Centered Instruction, Curriculum Development & Implementation, Classroom Management, Instructional Programming & Brainstorming in the following courses. Bachelor of Science degree in Criminal Justice Supervision and a Master's Degree in Organizational Leadership. He is also a graduate of FBI National Academy 17244 and. completed the Sherman Block Leadership Institute Class #121. As an educator, the Chief of Operations continues to work as an adjunct professor at local colleges. Militar Corporal — United States Marine Corps, acquired supervisory position (6/85 — 8/89) Honorable Discharge —Active duty Educatio Chapman University— Master of Arts Organization Leadership, March 2011 Union Institute &University — Bachelor of Science Criminal Justice Management, June 2008 Long Beach State University, 2011-2013 10 5.7.b Packet Pg. 85 n FEDERAL BUREAU OF INVESTIGATION UNITED STATES DEPARTMENT OF JUSTICE mcall 040 Issues this award thereby certifying that David Raul Reynoso Baldwin Park Police Department, California has completed a general course of instruction afforded by the FBI National Academy United States Department of justice at Quantico in the State of Virginia fora period of ten weeks eiidil g tllis the eighteenth day of March in the year of ou'r Lord hoo thousand and eleaeli and hY these presents'is entitled to such professional standing as a law ellforcelnent afflcer as may be properly accorded GI/ reason of the completion of such course of instruction i.?i X ,NoX/, TIIIII 11 5.7.b Packet Pg. 86 STATE OF CALWURNIA DEPARTMENT OF JUSTICE The commission on Bate ®f ter tandardo ull `raisin 1/as nlraidrd hl.+ cnitiue Certifitntc. to DAVID RAUL REYNOSO CHIEF EL MONTE POLICE DEPARTMENT April 12, 2017 who has satisfactorily completed die requirements for the award described in Dtfe 11, Division 2, of the California Code of Regulatiau. JOYCE E DUDLEY C"RPER50N 7wZ, y01 y EOAtt1ND O. BROWN JR / / µk 1 GOVERNORMANVELALVAREZ, JR EXECUTWE DIRECTOR 12 5.7.b Packet Pg. 87 Bryan Colindres Email: bcolindres@absolutesecurityintl.com OBJECTIVE: I am a certified training instructor, Project Manager for multiple governmental and municipal contracts, and experienced leader in the private security sector. I have been an instructor at Orange Unified School District, a police officer (field training officer) with the City of Los Angeles, and an Army Veteran. I am bilingual in English and Spanish. EMPLOYMENT HISTORY 12/2015-Present - Absolute International Security Inc. Executive of Operations & Training 4255 Tyler Ave El Monte, CA 91731 (626) 858-7188 10/2014-09/2015 -Orange Unified School District (City of Orange ROP) Criminal JustiCC/ CSI Instructor 1401 N. Hardy St., Orange, CA 92867 (714) 6284000 09/ 2013-10/2014 -Southeast ROP (Norwalk -La Mirada Unified School District) 12940 Foster Rd, Norwalk, CA 90650 (562) 860=1927 10/ 2006-03/2010 - L.A. World Airport Police Department, PSS 6320 W. 96th Street, Los Angeles, CA 90045 (310) 646-0200 03/ 2003-03/2009 - U.S Army Cavalry Scout (Reconnaissance) 950 N. Cucamonga Ave., Ontario, CA 91764 CJ/ CSllnstructor Field Training Police Officer Sergeant EDUCATION/ TRAINING 06/ 2011-08/2014 - East San Gabriel Valley Regional Occupational Program West Covina, CA Criminal Justice Associates Degree Program (Associates Degree Awarded) 05/ 2013 -California Commission on Teacher Credentialing Sacramento, CA Career Technical Education Teaching Credential (Public Service) 11/ 2011 -Rio Hondo College Whittier, CA Peace Officer Standard Training (P.O.S.T. /PAC 43.14 Field Training Officer Course) Certified as FTO on 11/07/2008) . . 06/ 2007-07/2007 - L.A. World Airport Police Police -Peace Officer Standard Training, Los Angeles, CA 832. 1 P.C. Aviation Security Training (Certified on 06/08/2007) 10/ 2006-05/2007 -Los Angeles Police Department Inc Angeles, CA Los Angeles Police Department Academy (DIPLOMA 05/25/2007) QUALIFICATIONS Excellent customer service skills Excellent verbal and written communication skills Ability to work independently and in a team -oriented environment Ability to organize, plan and coordinate multiple tasks with a high sense of urgency and follow- through Involved in plenty of various investigations and arrest Can create curriculum for any environment in designated field Ability to work effectively with people from diverse backgrounds Trained and protected lower enlisted personnel Operated daily in administration environment/ support in field operations Veteran of operation enduring freedom Willing to travel LIST OF AWARDS AVAILABLE UPON REQUEST **** 13 5.7.b Packet Pg. 88 wra o• owa owrr,w dCa 0[MNrYdrt of COUSUUIR AFFAIRS FIREARMS Certificate No; TIF2503 Receipt No. 1670 Bureau of Security and Investigative Services P.O. Box 989002 t West Sacramento, CA 95798-9002 PIP It (916) 322.4000 RAIN INSTRUCTOR 1 p Valid Until: 06/30/2023 Issue Date: 06112/2017 BRYAN COLINDRES in accordance with the provisions of - 15824 E. NOVAK PST. Division 3. Chapter 11.5 of the Business HACIENDA HEIGHTS, CA 91745 and Professions Codeo the individual named hereon is issued.a Training = instructor Certificate. NON -TRANSFERABLE - - a, - PisPOST IN PUBLIC VIEW - - - Pink - ORTf ,ioa.crfnaeaen,c rT-trw--ar vwt,r own n dC 410"INENTOFWO NATINAFFAIRS Certificate No. T181943 Receipt No. 651 f't' o. ,tick Pat I As BATON TR 7` r + •' IstrFOH.T• BRYAN COLINDRES 15824 E. NOVAK ST. HACIENDA HEIGHTS, CA 91745 Bureau of Security and Investigative Services P.O. Box 989002 West Sacramento, CA 95798-9002 916) 322-0000 TRUCTOR Valid Until: 02/2912024 Issue Date: 02121/2018 In accordance with the provisions of Division 3, Chapter 11.5 0l the Businoss and Professions Code, the Individual Hamad hereon Is issued a Training Instructor Certificate. PisI oorte IMCMIaaalTIS 14 5.7.b Packet Pg. 89 Joe Lea, US Army eal@absolutesecurityintl.comabsolutesecurityintl.com Summary of Experience: Established National, State and County Veteran collaborative programs; through outreach and engagement within the community recognized lack of consideration given to Veterans and their families in all areas of housing, employment, health and camaraderie. By establishing and strengthening public/private partnerships, engaging key stakeholders, coordinating activities and leveraging resources among collaborative entities to improve and empower Veterans' community partnerships. Energetically sharing the story of Veterans, educating the community and acquiring financial support through public speaking requests for those organizations outside of the Veteran community. Actively seeks and supports homeless Veterans throughout Southern California via personal connection, education, resources and solutions. With over 23 years of combined Military and Federal Service, I continue to organize and lead several events to better improve the lives of our brave men and women in uniform including their Families. Accomplishments: Created the Vet Hunters Project; a nationwide Organization for homeless Veterans driven by 100%volunteerism. Founded the San Gabriel Valley "Heroes in the Shadows," homeless Veteran Stand Down. Currently on our 51h Annual. Hand selected for the Steven A. Cohen Military. Family Clinic at USC Advisory Board Member. 'Two time Recipient of the former President Obama "Call to Service Award" KCET Local Hero Award for my approach to homeless outreach. Telemundo National Heroes Award for my dedication to help end and prevent Veteran homelessness. Association of the United States Army "Dwight D. Eisenhower" Family Readiness Group Leader Liaison • Employer Support of the Guard and Reserve "Seven Seats" award. Latin Business Association Community Hero of the Year Founder of the Los Angeles County Veterans Resource Expo Founder of the Los Angeles County Fair Heroes Corner Directly involved with LA County Military and Veterans Affairs homelessness program; planned, engaged and participated Recognized as Veteran of the Year, 2014 Congresswoman Napolitano and Assembly member Hernandez Professional Experience Absolute International Security Operations Coordinator 2017 - Present Responsible for the daily operations of a major security corporation. Manage and direct an office staff of 20 to ensure that the management team exceeds all company expectations. Work closely with Account Managers to train, hire and mentor officers of the highest caliber. I work diligently to decrease non billable overtime, raise customer service and increase revenues and profits. I approve all weekly schedules, payroll and officer/supervisor reports. Meet regularly with staff to make sure all goals and objectives of the company are met. Department of Defense/Department of Army Los Angeles, CA Soldier and Family Readiness/Military Liaison 2009 -Present Provide administrative and clerical assistance to the Commander and Family Readiness Group (FRG) Leaders in the area of Family Preparedness during and prior to deployment. Event coordination consisted of scheduling speakers from community based entities that provide resources to Soldiers, Veterans, and their families. Maintained Family Readiness Group volunteer files and coordinates training for interested volunteers. Assists with arranging travel to volunteer trainings through Defense Travel System. Contributes to combat readiness by promoting efficient and effective communication between command, Family Readiness Groups, and family members of a 4500 (plus) personnel. Performs periodic and special staff visits conducting compliance inspections throughout the command. Collaborates with Army Reserve Ambassadors, other Family Program agencies, and major subordinate commands of different echelons in order to effectively promote awareness of Soldier and family benefits through reintegration events. Responsible for scheduling and coordinating various family activities, deployment events, and training for FRG volunteers. United States Army 1995 - 2004 Infantryman/Ordnance Corps Trained Soldiers in Water Born and Jungle Operations, Fort Sherman Panama. Trained Bosnian and Hungarian Soldiers in Operation Joint Guard as part of the KFOR Operations. Was also a West Point Military Academy instructor (Camp Buckner) in the Bayonet, Combat Life Saver and OPFOR training operations. Trained the Iraqi Police force during Operation Iraqi Freedom. Deployed to Kuwait and Iraq in the initial invasion to help assure safety of U.S. personnel. Conducted combat operations in support of operation enduring freedom. 15 5.7.b Packet Pg. 90 JEANETTE AYALA, Ed.D., SP)i3 R -- Director of HR j ayala@absolutesecurityintl.com Strategic and innovative executive who translates business vision into initiatives that excel at performance, profitability, growth, and employee engagement. Empowering leader and influencer who thrives on tough challenges and translates visions and strategies into actionable, value-added goals. HR Policy, Process & Systems Design •Budget Management •Succession Planning Employee Relations & Diversity • Compensation & Benefit Management • Workforce Planning & Development Strategic Planning • FMLA, ADA, EEOC Compliance • Leadership, Training and Development PROFESSIONAL EXPERIENCE Council the Chief Operations Mangers on legal and regulatory compliance in areas of employee relations and workplace policies, Workers' Compensation, reporting, benefits administration, compensation and payroll and other Human Resources matters. Strategize the design, implementation and ongoing management for HR programs which foster positive employee relations, high levels of engagement, and mitigate business risk. Interpret and implements HR policies, practices, and company philosophy to ensure effective administration of the same. Maintains current knowledge of state and federal legislation and regulations and ensures corporate compliance of EEO, ADA, FMLA regulations, and established corporate policies. Conduct need analysis to Identify training needs, define program to address the needs, and consult with leadership on all Training/Development initiatives. Establish effective partnerships and communication with all levels of management and Human Resources staff to ensure programs and processes are delivered and implemented consistently throughout the organization. Lead succession planning for key management roles and execute a strategic staffing strategy to ensure a robust and diverse pipeline of talent across the organization. Design, plan and administer budgets equitable compensation practices consistent with corporate guidelines. Developed and managed budgets for legal counsel, recruitment, temporary staffing, benefits, and other areas in the human resources. Conducted audits, resolved complex issues, and designed recommendations for improvement to existing processes. Effectively executed full scope of human resources management functions, directing departmental staff and workflow to accomplish goals within strict budget and timeframe constraints. Reduced Workers Compensation claims by 40 % by effectively introduced strategic plans, trainings and staff -development initiatives which generated a cost saving over $100, 000 dollars. Created equitable recruitment policies, compensation, strategic hiring, candidate selections, reassignments, and employee promotions to meet evolving needs of management team and staff. Negotiated company healthcare benefits and procured varied business insurance policies to ensure most favorable benefits packages and within budget. Identified over $120,000 dollars in cost savings through the audit of insurance benefits plans and by purchasing insurance policies for organization. EDUCATION DOCTORATE IN EDUCATION, ORGANIZATIONAL LEADERSHIP 2021 Brandman University, Irvine, CA MASTER'S IN BUSINESS ADMININSTRATION (MBA) 2012 Keller Graduate School of Management, Long Beach, CA MASTER'S IN HUMAN RESOURCES MANAGEMENT DEGREE 2010 Keller Graduate School of Management, Long Beach, CA BACHELOR OF SCIENCE, MAJOR: CRIMINAL JUSTICE 1998 John Jay College, New York, NY Senior Professional in Human Resources, (SPHR) Certification 2021 16 5.7.b Packet Pg. 91 ROGELIU FLORES PHONE: 626-858-7188 EMAIL: rflores@absolutesecurityintl.com ADDRESS: 4255 Tyler Ave El Monte, CA 91731 SKILLS, CERTIFICATION & TRAINING Exceptional Customer Service Skills verbal & digital) Proficient Bilingual communication English &Spanish) Excellent problem -solving abilities Expert in Security Related Software & equipment Familiarity with both Windows Office Suite & Google Suite High computer Literacy skills Extended knowledge of security electronic equipment John E. Reed, Interview Interrogation Course Certified Emergency First Responder EFR) WMD, Threat Risk Assessment (DHS- ODP) Overseas Security Advisory Council OSAC) Workplace Violence, Mail Fraud, Legislative Trends (ASIS) Emergency Response Team (CERT) Training (LAFD) Urban Light Search & Rescue Training LAFD) Experienced in visual communication WORK EXPERIENCE Absolute International Security, Director of Compliance 20204Present Lead and manage all compliance -related projects. Create and maintain quality assurance and compliance program for various departments within the company Develop, implement, and enforce written compliance policies and procedures. Draft and maintain departmental standard operating procedures. Advise internal management or business partners on departmental compliance programs. Address and respond to any compliance issues identified as quickly and efficiently as possible. Conduct periodic internal monitoring and review. Respond promptly to external audits and compliance -related questions. Review and make recommendations as to policies and procedures improvements. Stay up-to-date on regulations and laws impacting the security' guard services industry. Keeping abreast on the industry trends and best practice. Superior Protection Services - Security Manager 2018-2020 Overall management of customer accounts. Arranged & attended meetings with customers Manage real-time employee reporting systems (TrackTik) Daily overview & management of employees Weekly visitations to customer sites to stay up to date Development of customized security programs for customer accounts. Responded to on -site emergencies as they developed. American Guard Services Director of Operations 2011-2018 Daily management of accounts & branch personnel Tasked with the configuration, implementation & managing of the Real Time Reporting Systems (FFM) Developed training material & programs to enhance the value of service by expanding the guard's knowledge Attended Pre -bid & selection board meetings to assist with proposals & business development Start-up & management of new branches nationwide American Protective Services -Account and Branch Manager 1989-2018 Conducted on -site inspections to verify compliance with post instructions at sites. Oversaw the quarterly financial/ billing reconciliation of major accounts Coordinated site visitation and organized meetings with Site Supervisors Assignment of personnel for more than 36,000 hours per week for contracted security services Responsible for on -site compliance of company & client regulations Maintained associated automated systems & data dealing with officer's qualifications, site requirements & incident/daily activity reports Assisted in the development & instructor of a regional field supervisor program Processed payroll & billing information Responsible for purchasing, assignment & maintenance of security related equipment including firearms for armed officers. 17 5.7.b Packet Pg. 92 CONTACT INFO SSantillano@AbsoluteSecurityIntl.Com Cedo 626.825.0008 Office: 626.858.7188 LIABILITY, SECURITY AND INVESTaGWATIVE SERVICE EDUCATION WESTERN CHRISTIf R1 C IGH SCHOOL -UPLAND, CALIFORNIA Diploma Sept 2007 • June 2010 AZUSA PACIFIC UNIVERSITY - AZUSA, CALIFORNIA Bachelor's Degree • Business Management Sept 2010 - Dec 2014 EXPERIENCE Absolute International Security • (duality Assurance -Assistant Manager and Training Instructor DEC 2017 - PRESENT Attend and present at RFP meetings for new contracts Formulate and carry out action plan for clients Conduct threat assessments, site reviews and write post orders for new contracts Conduct training courses to certify officers for permits Conduct site and post checks for quality assurance TRAO IING EXPERIENCE AN® LEADERSHIP Instructor Certifications: ASP Baton OC/Pepper Spray Flashlight Handcuffs/Restraints 5.7.b Packet Pg. 93 ItI J J 'I , :If'i ` I'I lIAI atf Fiscal Stability T ` Please be advised. The information disclosed on this page is confidential. We are entrusting the contractor to handle said information appropriately. Absolute Security International Corp. is registered as DUNS # 828041868 AIS currently has an influx of working capital in hand. AIS has a bond ability of up to $3 million. A+ comprehensive sufficient insurance coverage and Crime/Terrorist insurance coverage Absolute Security International Corp. has increased its sales revenue by 31.8% 5-year CAGR since 2016 and by average 35.5% 2-year growth despite recent economic circumstance. Sufficient credit line has been granted by Cathay Bank Toyota Motor Credit, GM Financial and Hyundai Financial has extended line of credit in case additional vehicles are needed. AIS holds licenses -Private Patrol Operator, Baton and Firearm Training. On June 2010, AIS invested in developing our own training facility and was approved as a Weapons Training Center by the California Department of Consumer Affairs, BS1S. We are approved by the Bureau for Private Postsecondary Education (BPPE) as an institution capable of receiving federal funding from local workforce agencies. We have received I -Train. AIS provided serious investments to maintain all necessary tools, weapons, and training programs needed to function and successfully achieve our goals. IS operates a live 24/7 Dispatch/Conununication Center Absolute Security International Corp. hereby declares that the company has no record of banlauptcy, current/pending litigation, claims or settlements, planned office closures, impending merger, etc.... that may impede the firm's ability to provide its proposed solution or ongoing maintenance or support oI its services. Executed this ] st day of June 2022 at Irwindale, CA . Lucy J.President & QM Proposal for RFP —The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 5.7.b Packet Pg. 94 tsarun ,a` , ABSOLUTE ATEMATIONAL SECURITY g§ i Security Plan Operations Chart and Service Procedures AIS is afull-service security firm that constantly strives for better client satisfaction. We have streamlined our client feedback process to ensure better communication between our clients and the relevant AIS department. We have included our operations chart detailing how the different departments of Absolute Security International Corp will operate. Executive of Operations: Bryan Colinders 1 1 SCHEDULE ARRANGEMENT City of Diamond BarOperationsSchedulingManager:y Sandy Ladge Schedulers: Dispatch Team T IN-HOUSE TRAINING CENTER Training Instructor: Larry Morrow HUMAN RESOURCES Director of HR: Jeanette Ayala Director of Compliance: ~ Rogelio Flores 5155 Irwin THREAT ASSESSMENT' QA Manager: Samuel Santillano FINANCIAL/ACCOUNTING Fanancial Manager: Martin Shih Controller: Lisa Phan ACTION TAHING Chief Operations: David Reynoso Tracking &Report System Compliance Director: Rogelio. Flores roposal for RFP —The City of Diamond Bar RFP Private Securi e Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Fa SUPERVISION Supervisors Team and QA Managers IN-HOUSE DISPATCH CENTER Lead Dispatch: Daniel Matson CONTRACT ADMINISTRATION Services Mia Yang 20 5.7.b Packet Pg. 95 ABSOLUTE MTEM ATIONAL SECURITY `gib AtS AfS Gil iiiihiliiiii iii.iidai 't Response to Scope of Services AIS fully understand the Scope of Service of the RPF of private security guard services for events at facilities in the City of Diamond Bar and comply the scope of work stated as below: AIS will provide security officers for events that take place at the Diamond Bar Center and other City facilities as assigned. Events that qualify for security guards are outlined in. the City of Diamond Bar's Facility Use & Rental Policy. Events that serve alcohol or events with most of the youth require security. AIS will also provide services when the City of Diamond Bar may deem other activities to require security or when multiple security personnel are required. The security officers of AIS will be always in constant contact with Diamond Bar City Staff members and with the hired firm for emergency purposes. Our guards will patrol the designated City facility, the surrounding grounds and parking lots. They will also be a visible presence at the beginning and ending of each event, opening, and closing of bars, as well as, but not limited to patrolling the event itself. If the Diamond Bar City Staff feel it is necessary, we can consider having our guards to explain the rules of the Facility Use and Rental Policy upon arrival to visitors and conduct a plain sight vehicle inspection. AIS will fulfill the list of guard duties of Exhibit B - Guard Duties May 2022. Irwi Proposal for RFP —The City of Diamond Bar RFP Private S ile Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Services Facsimile: (626) 858-2882 21 5.7.b Packet Pg. 96 ABSOLUTE DIEMADO AL SECUMTY IIIIIIIIII IIIi iliiiiiiliiliilllllllllllllllllllll' sUt1002 AIS is committed to providing professional security service within the Scope of Work and hereby takes the following approach to enhance all the Statement of Works. 1. Quality Assurance Training AIS has its own State Licensed Training Facility and State Licensed Trainer. We handle our training in-house by running a full operational training facility at our corporate headquarters. Our Trainer, Mr. Larry Morrow has extensive training experience. Sample of training topics as following. Basic Training l . All training other than 832PC for all new hires: All Absolute International Security (AIS) officers' and new hires are required to have completed upon application with AIS state mandated and certified training with the Bureau of Security and Investigative Services (B.S.I.S.) regulations. 2. On the job training: All Absolute International Security employees working in a security officer capacity are provided with weekly in-service field and scenario -based training in any of the above stated topics as on the job continuing education, and before each officer is assigned to a jobsite they will receive training in conjunction with specific Post Order and/or Scope of Work for each individual site. The Post Order and/or Scope of Work will be modified periodically. 3. Perishable skills training that is provided intermittently: Other than weekly on the job training in the previous mentioned topics, sensitive use of force perishable skills and topics such as: Firearms Training and Certification (year-round training and re -certification) Baton Training and Certification (year-round training and re -certification) Chemical Agents (OC Pepper Spray) Training and Certification Arrest Tactics Self -Defense 4. Training provided to guards: Sexual Harassment Training • Crowd Control of Large Groups Crime Prevention and Response • Preventing Discrimination and Dealing with Aggressive Behavior Harassment Interpersonal Communication • Workplace Safety Training Managing Conflict • Ethical Conduct Teamwork • Negotiation Skills BSIS Guard Card Training • OSHA Training Firearm Training • Driver Safety Training Terrorism Awareness Training • Observation and Documentation Legal Powers and Limitations of Training Security Officers • Crisis Response 5155 Irwi posal for RFP —The City of Diamond Bar RFP Private 5 Services Facsim 6) 858-2882 22 5.7.b Packet Pg. 97 s a ABSOLUTE MTERNATIONAL SECUMTYANTUR, IIIIIIIIIIIII( s ii i iiil lll111111711171 11111e; CAls BPPE Approved Training Facility: AIS' training is approved to operate as aPost-secondary School by the California Bureau of Private Post -secondary Education (BPPE). It is one of only 200 vocational schools approved by the Department of Consumer Affairs with strict guidelines for training instructor credentials, class curriculum, and success of enrolled students. AIS Training Sector S launched our new Training Sector in April 2010, offering traini VSclasses to in-house guards as well as for all those who are considering a career in security service. The training sector has the following responsibilities: Responsible for all aspects of corporate training policies, objectives, and initiatives. Directs the design, planning, and implementation of corporate training programs and procedures., Plans and directs new training techniques and suggests enhancements to existing training programs. Ensures that the training programs meet federal, state, and local regulations. Measures the impact of programs and learning activities. Responsible for the overall satisfaction of customers. Plans and directs all aspects of training sector' s staff and service functions. Develops and oversees training sector's staff and service policies, objectives, and initiatives. Demonstrates expertise in a variety of the field's concepts, practices, and procedures. Familiar with a variety of the field's concepts, practices, and procedures. Relies on extensive experience and judgment to plan and accomplish goals. Performs a variety of tasks. Leads and directs the work of others. A wide degree of creativity and latitude is expected. for RFP —The of Diamond Bar RFP Private Ave, Irwindale, CA 91706 Te Services tSSts-/ 12Sti Facsimile: (626) 5.7.b Packet Pg. 98 ABSOLUTE MTERNAUOML SECUMTY _ 5we Ut.: PP(11002 We are currently offering training classes on the following subjects: 1. Power to Arrest (Module A — D) (4 hours) 2. Exposed Firearms Permit (8 hours) 3. Guard Card (40 hour) 4. Loss Prevention 5. Arrest &Control Techniques 6. De -Escalation of Force 7. Tear Gas &Pepper Spray 8. Exposed Firearms Permit Iry9. Taser Certification e 10. C-TPAT Inspection Compliance Training 11. Security &Safety Training 12. CAL -OSHA Regulation 13. Professional Security Consultation 14. CPR &First Aid 15. Emergency Onsite Training Proposal for RFP —The City of Diamond Bar RFP Private 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-71P Services 5.7.b Packet Pg. 99 ABSOLUTE ATERNRTIOML SECURITY 2. Orientation Program All guards are required to finish an orientation program outlined by our Training Manager Mr. Bryan Colindres that is site specific. If the staff of Foothill Transit allows, this training program Nil] be a joint effort to prepare guards with a curriculum to deal with all common occurrences, emergency protocols, and lay out daily responsibilities. This allows our guards to be prepared for the scope of work at the start of the contract and be familiar with evacuation, free, lock -down, active shooter, biohazards, earthquake, and other drill procedures set by authorities. Continued training every quarter is essential for our officers to retain high standards. This retention training will highlight areas of improvement and clarify any questions on the scope of duty. At the client's request, AIS shall conduct additional retention training sessions. Site Specific Training Courses: All AIS security guards must successfully complete before commencing patrol duties, a basic training course which provides the subject matter, class time, and topics described below. Duties and Functions of Security Guards (3 hours) Public Relations Appearance Observe and report Note -taking and reporting Legal powers and limitations Prevention Use of force only when life is being threatened Search and seizure Arrest powers Prevention and Protection (3 hours) Patrols Checking for hazards Access control Department's rules and regulations Inspections Safety Proposal for RFP —The City of Diamond Bar RFP Private 5155 Irwindale Ave, Irwindale, CA 91706 858-7188 rity Services Facsimile: (62 25 5.7.b Packet Pg. 100 ABSOLUTE MTEMATIONAL SECURITY A- IIIIIIIIIIIIIIIIIHIIIIIiillillliIM111HIIIIIHIII Enforcement Q hours Observation and description Preservation of evidence Criminal and civil law Crimes in progress Unruly persons Defensive tactics Procedures for bomb threats Procedures during fires, explosions, floods, and demonstrations Special Problems (2 hours) Vandalism Arson Burglary Robbery Theft Loitering Drugs and alcohol Terrorism General Emergency Services (2 hours) Communications Crowd control Fire control systems and fire prevention First Aid/CPR Safeguarding District Property Law enforcement and private security relationships Responding to alarms 5155 Irwin Proposal for RFP —The City of Diamond Bar RFP Private Security Services ile Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 26 5.7.b Packet Pg. 101 ABSOLUTE INTERNATIONAL SECURITY - a I IIIIIIII IIIIIII(IYlililil9ili111111i1Vlllllli s" `;.:1" 3. Documentation Methods Monitoring Method Action Taken for Client Check in -and Check out System Check4n/out times Emailed Weekly Si non Sheets Attached with Billing Invoice Electronic Si nAn Sheets Emailed Weekly Supervisor Post Checks Emailed Weekly Documentation & 1E ui ment Daily ActiNiity Reports Emailed Weekly Daily Report Log Emailed Weekly Supervisor Activity Reports Emailed Weekly Individual Guard GPS Tracking Available 24/7 Checkpoint Tracking Available Dail Patrol Vehicle GPS Tracking Emailed Twice a Week Vehicle Inspection Emailed Weekly Monthly Incident Reports Emailed Monthly Monthly Reports Emailed Monthly ENerify BSIS Guard Card Expiration Quarterly Reports BSIS Exposed Firearm Permit Ex iration Quarterly Reports BSIS. Baton Permit Expiration Quarterly Reports School Security SB 1626 Expiration Quarterly Reports CPR/First Aid Expiration Qu erly Reports OC Pepper Spray Certification Expiration Quarterly Reports Samples Forms for Monitoring any Activity Report Incident Report Supervisor Daily Report Disciplinary Action Notice Quality Assurance Inspection Report Guard Timesheet Guard Sign In/Out Sheet Parking Violation Warning Emergency Action Plan Fire Watch Bomb Threat Receive Form Daily Vehicle Inspection Patrol Tag Please see attached for sample forms) I for RFP —The 5155 Irwindale Ave, Irwindale, CA 91 of Diamond Bar RFP Private Security Services Telephone: (626) 858-7188 Facsimile: (6: 27 5.7.b Packet Pg. 102 ABSOLUTE MTERNATIONAL SECURITY IIIIIIIIIIIIIIillllllllllilllililliili fl iaiii li MZ u,C® 4. Emergency Response Protocols All officers assigned to the City must clearly understand Emergency Response Protocols. Each Security Officer must use good common sense and follow through with a clear mind and complete respect for personal safety. The lives of our officers as well as the lives of others are of the highest priority. In addition to AIS emergency training, guards will follow evacuation and emergency procedures. This shall be completed as a part of the orientation and site -specific training program. TYPES OF EMERGENCIES: 1. Man Made Fires (Arson) . Accident/Injuries (Train, Bus, or Car) Bomb Threats Blackouts Terrorist Activities Robberies (Armed) Active Shooter Riots 2. Natural Earthquakes Storms Floods, etc. Universal Emergency Response Procedures are a set of standard, clear directives that may be implemented across a variety of emergency situations. When an emergency begins, guards are to decide which procedure to implement, based on the situation. UNIVERSAL EMERGENCY RESPONSES: 1. Procedures Alert Status Alarms Evacuation Lockdowns 2. Emergencies Workplace Violence Chemical Spills (HAZMAT) Psychiatric Crisis Medical Severe Weather 51551 Proposal for RFP—The City of Diamond Bar RFP Private ale Ave, Irwindale, CA 91706 Telephone: (626) 858-718 Services Facsimile: (626) 858-2882 5.7.b Packet Pg. 103 ABSOLUTE AIRNATIOML SECURITY 11111111111lllllfilllllliiiiliiilliliiliillllill s rrA) ull ACTIVE SHOOTER EMERGENCY RESPONSE First and foremost, the guard must ensure the safety of his or her life. Once the threat of one's life is past, the officer must contact the client to determine .the course of action to be taken. Once the authorities have been informed, it is the officer's duty to preserve the life of those around him. This includes keeping calm and directing staff away from the direction of activity. The guard should be familiar with the authority's evacuation and lock -down drills. Communication Essential information that should be relayed to the command post include: Status of crisis site (secure or unsecure) Status of law enforcement personnel (number injured, killed, or wounded) Status of criminal or terrorist subjects (killed, wounded, or captured) Status of other occupants (killed, wounded, or in custody) Current actions in progress Location, description, and status of any IEDs Follow-up needs such as EOD, emergency medical services (EMS), or other As an initial responder, AIS guards will be responsible for rapid deployment of subsequent responders to the crisis site. AIS guards shall be reinforced in all training and understood by all members of potential responding agencies. This is to prevent our guards from being vulnerable to misidentification by responding parties. Evacuation Because of the nature of an active shooter incident, officers may not be able to begin automatically evacuating others prior to securing the threat. Rescue operations should begin once the threat is neutralized. Several factors need to be considered when evaluating the evacuation of wounded and non -wounded individuals: If wounded persons need to be evacuated, they should be moved to the established evacuation exit point Evacuation of wounded persons should begin as soon as practical Security outside the crisis site will dictate the timing of the evacuation Evacuation shall only be conducted if sufficient safeguards are in place to provide for safe movement. for RFP —The 5155 Irwindale Ave, Irwi of Diamond Bar RFP Private Security Services e, CA 91706 Telephone: (626) 858-7188 Facsimile: (6; 5.7.b Packet Pg. 104 ABSOLUTE ATERNADONAL SECUM IIIH11111111111111U11111H1111111111111111111111 t,.C ® BOMB THREAT RESPONSE PROCEDURE If a bomb threat_is received, either by phone or other means, the person receiving the call should remain calm and attempt to get as much of the following information as possible on a bomb threat report form. If the caller wishes to talk, or answer questions, use open-ended questions and let the caller talk. DO NOT CUT THE CALLER'S ANSWERS OFF. The longer the caller talks, the greater the possibility of obtaining valuable information. Time the device is set to go off. Location of the device. Type of device and description. Reason for setting the device. Notify authorities immediately as well as your facility supervisor, manager, operator, or administrator. If possible, signal or pass a note to other staff to listen and help notify authorities. Wrote down as much information as possible that will aid investigators: Caller ID Number, exact wording of threat, type of voice or behavior, etc, Record the call, if possible. If a package that appears suspicious is received or found within the Sites, the guard will notify City officials and the Los Angeles Police Department. The guard shall not handle the package and will clear the immediate area of staff. If the package appears suspicious to officials, he or she will ask the designated staff representative to send for the police and bomb squad. When reporting to 9mI-I and the local law enforcement, explain why the item looks suspicious and follow their further instructions. Law enforcement will assess the situation and provide guidance regarding shelter -in - place or evacuation. If no guidance is provided and you feel you are in immediate danger, calmly evacuate the area. Distance and protective cover are the best ways to reduce injury from a bomb. The guard is to keep the area clear until the police or bomb squad arrives and completes its inspection. Emergency Evacuation Procedures will be conducted by the guard who will be notified whether or not only a single area will be evacuated or if there will be a general evacuation ordered. Every situation is unique and should be handled in the context of the facility or environment in which it occurs. Facility supervisors and law enforcement will be in the best position to determine if a real risk is posed and how to respond. for RFP—The City of Diamond Bar RFP Private Secu 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: Services 30 5.7.b Packet Pg. 105 t1S Uyy[ SuiL. - rt IIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIiI 2u7InpABSOLUM MMAIRLSECIEff®AISNIIIIINItatT TELEPHONE BOMB THREAT CHECKLIST INSTRUCTIONS: BE CALM, BE COURTEOUS. LISTEN. DO NOT INTERRUPT THE CALLER: YOUR NAME: CALLER' S IDENTITY SEX: Male ORIGIN OF CALL: Local VOICE CHARACTERISTICS Loud _ Soft High Pitch _ Deep Raspy _ Pleasant Intoxicated Other ACCENT Local _ Not Local Foreign _ Region Race TIME: DATE: Female _ Adult _Juvenile _APPROXIMATE AGE: Long Distance Telephone Booth SPEECH Fast Distinct Stutter Slurred MANNER Calm Rational Coherent Deliberate Righteous Slow Distorted Nasal Other Angry Irrational Incoherent Emotional Laughing LANGUAGE Excellent _ Good Fair _ Poor Forll Other BACKGROUND NOISES Factory Machines Music Office Machines Street Traffic Trains Animals Quiet Voices Airplanes Party Atmosphere BOMB FACTS PRETEND DIFFICULTY HEARING -KEEP CALLER TALKING - IF CALLER SEEMS AGREEABLE TO FURTHER CONVERSATION, ASK QUESTIONS LIKE: When will it go off? Certain Hour Where is it located? Building What kind of bomb? What kind of package? Time Remaining Area How do you know so much about the bomb? What is your name and address? If building is occupied, inform caller that detonation could cause injury or death. Activate malicious call trace: Hang up phone and do not answer another line. Choose same line and dial 57 ( if your phone system has this capability). Listen for the confirmation announcement and hang up. Call Security at 911 and relay information about call. Did the caller appear familiar with plant or building (by his/her description of the bomb location)? Write out the message in its entirety and any other comments on a separate sheet of paper and attach to this checklist. Notify your supervisor i Nmmediately. Proposal for RFP —The City of Diamond Bar RFP Private 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-718 I Services 858- 2882 31 5.7.b Packet Pg. 106 rff tgnun ABSOLUTE MTERIMTYOML SECURITY IIIIIIIiillllllll{Illiiiiiiii{IIINIilllllllilllll •... CHEMICAIL nFA3 ONSE PROCEDURE Chemical spills. can occur within or outside of the facility. When a chemical spill happens, it may not be readily apparent as a hazardous materials incident. You will not necessarily see the spill or smell chemical fumes before it affects you or others around you. Typically, the first signs that a chemical spill has occurred will be reports of dizziness, fatigue, or nausea by two or more persons within a specific area. If you become aware of two or more people reporting feelings of illness when exposed to a specific area, do not attempt to investigate the suspected area. yourself. Notify Absolute International Security Post Commander and/or management immediately. When a chemical spill is suspected or confirmed, the first priority shall be the safe and immediate evacuation of all persons from the affected area. Security personnel shall be utilized to search for and evacuate persons from the affected areas only if the circumstances show that such an action does not pose undue hazard to Security personnel. Security personnel shall notify local emergency services (i.e. police and fire), explain the circumstances, and await emergency response. Security personnel shall contain the affected area and not permit any patrons or employee's access until the situation has been successfully resolved. If a chemical spill occurs outside of the building, it may involve a container marked with an identification placard. Security personnel shall determine, from a safe distance, if an identification placard is visible on the involved container(s). They shall note the placard's number, color code, and symbol(s) and be able to provide this information to responding Emergency Services personnel. See attachment # 2 for samples. Precautionary Measures Do not assume gases or vapors are harmless due to lack of odor. Do not walk through, touch, or come into contact with any type of spilled materials. Remain at a safe distance from the location so as to avoid inhaling fumes, smoke, or vapors from any spilled materials. Remain alert for the possibility of fire within the containment area. Notify all department managers/supervisors of the affected area and instruct them to ensure that no employees inadvertently enter the containment area. Any reports of exposure to chemicals by employees or patrons shall be immediately reported to the on -duty supervisor for proper treatment and documentation. Proposal for RFP —The City of Diamond Bar RFP Private 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 Services 32 5.7.b Packet Pg. 107 ABSOLUTE MTEMATIONAL SECURITY ' VIII 1i( iliiliiiliii((isi ii ii ir, iiPsmat ROBBERY REPORT SYSTEM Ensure Staff Safety When Safe, Ca11911 Notify Field Supervisor Field Supervisor Will Notify AIS Project Manager Mr. Bryan Colindres Cell: (626) 84&7406 AIS Will Notify the Client Remember what the robber looks like &provide the best description possible Don't touch anything until Police arrive a Wait for Further Instructions from the Police Department Proposal for RFP —The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (6261 858-7188 Facsimile: (626) 858-2882 33 5.7.b Packet Pg. 108 J$; i C LSAGA ®' FIRE EMERGENCY RESPONSE PROCEDURE The surest way in which to control afire is to prevent it from happening in the first place. All Security personnel are responsible for remaining alert for any circumstances within their area of responsibility which could result in or increases the chance of a fire. The following are examples of what -each officershould consider basic prevention measures: Always be on the lookout for combustibles. Flammable liquids such as gasoline are not to be used for cleaning purposes. Liquids not contained in their original containers are to be removed from public areas. Refuse must always be placed in proper containers and disposed of in a timely manner. Be aware of maintenance work in your area of responsibility, particularly welding or electrical work. Check the work area thoroughly for "hot spots". If Fire is detected: Although it is impossible to determine to what extent a fire represents a hazard, the following procedures are a guideline for Security personnel: Notify staff, by radio or telephone, of any report (or personal observation) of smoke or flames. Clear/evacuate the immediate area of patrons and employees. If the fire is accessible, attempt to extinguish it. If the fire cannot be extinguished, close any doors In the area in order to help contain the blaze. Stay in the immediate vicinity, if safe to do so, until assistance has arrived. If the fire is large or appears to be out of control, immediately notify emergency services (i.e. police and fire) and contact all department managers on property and forewarn them to prepare for implementing the Evacuation Procedures. If any fire is detected in any location on the jobsite, the first thing to do is summon the local Fire Department. Officers must be prepared to provide the exact address of the location. Then, officers must immediately notify their supervisor as well as the Client. for RFP —The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 882 5.7.b Packet Pg. 109 ABSOLUTE MTEMATIONRL SECURITY ' it ilfliliii it Eii iiiilnillll ltiiiiiliiiill;. s teUC pro 1002 FIRE EMERGENCY REPORT SYSTEM Fire Emergency Identify What Class of Fire- A, B, or C Use of Fire Extinguisher if the fire is small & contained Do not attempt to fight any fire that is large and obviously out -of -control Never cut off your escape route to safety Your next top priority must be the protection of lives. Activate or sound the fire alarm. Then coordinate an evacuation with the proper authorities. Ca11911 Call the Fire Department Notify Field Supervisor Field Supervisor Will Notify AIS Operations Manager and Officials Mr. Bryan Colindres Cell: (626) 848-7406 AIS Will Notify the Client Wait for the Fire Department Check that the Fire Department has quick and easy access to the location of the fire. Unlock and open gates and doors. Do not permit patrons to depart in vehicles Clear all access routes for emergency vehicles and equipment. Position yourself beside the street where you can easily be seen Direct the Fire Department to the affected area. Avoid having people walking or running around on the external perimeters of the location Once the Fire Department has arrived, the Captain/Chief will be in charge Control emergency access routes clear by keeping all unauthorized persons away from the emergency area Proposal for RFP —The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 35 5.7.b Packet Pg. 110 ABSOLUTE EMOML SECURITY I111111NIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIH1111111111' FIRE EXTINGUISHER USE & CARE 1. Types of Fire Extinguishers , There are four fire classificationsand specific types of extinguishers are used for each, as described below. If you have not been trained in fire suppression, or proper use of a fire extinguisher, please do not attempt to combat a fire. Call for assistance and attempt to confine the fire to the smallest area possible. Class A: The types of fires can be put out with water include wood, paper, rubber, plastics, and fabric ( ordinary solid materials). Water acts as a cooling agent, thus reducing the heat of the fire. After a Class A fire is put out, it must be "overhauled". This means that the material must be broken up to ensure all embers are smothered. A Class A fire extinguisher can be a silver container filled with water and a special "wetting" agent This type of extinguisher can shoot an approximate 5' to 40' stream of water. It can be a red container filled with a foam that removes the air and heat of a fire or dry chemical or halon that breaks the chain reaction of a fire. Class Be Fires from vapors formed above flammable liquids, such as gasoline, tar, cleaning fluids, and grease, where the vapors mix with the air. These fires are put out by dry chemical, or halon, as well as well as by an extinguisher that contains a special foam or carbon dioxide (CO2). These Types of smothering agent break up the chain reaction between oxygen and vapors, and they are considered most effective for putting out this type of fire. Class C: Class C fires are those found with electrical equipment. At first knowledge of an electrical fire. TURN OFF the electricity. The fire then becomes a Class A fire and can be treated as Class A fire. When treating a Class A fire, a carbon dioxide, dry chemical, or halon extinguisher can be used. If the electricity cannot be turned off at once, be sure to use a chemical extinguisher, NOT water. If water is released upon this type of fire, the electricity may travel up the stream of water through the extinguisher. • Class D: A Class D fire refers to combustible metal fire, such as the magnesium metal sometimes Found in certain automobile engines. These can only be put outs by a Class D fire extinguisher. Water will only feed the fire: it would take a tremendous amount of water to put out this Type of fire. EXTINGUISHER TYPES and USAGE 5155 Irwi FIRE TYPE EXTINGUISHING AGENT METHOD GRIMM SOLID WIIAIAIS Q cola rawA[e0Y[f i[11 e[ vovt[uluox[+l N xui DAYaNwk'll INslut$ CMAM 01ACIKN IIASINAILWOMUSTIM i 113] ram COSMOM Ail CfV " WrAI Ngo C IAELIS CxA9 A[ACl104 7% 6[ CSAIGI [aNIMFxI SlcJ O COS AlNOY[S NA CRY CA[NCA1 NAIINIAEW CM R A[ACIICI CONAWIIIa NEIAIs S) ICIAIAOENTS USUIIIi Al AlOV[f A'A posal for RFP —The City of Diamond Bar RFP Private Security Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsi Services 858- 2882 36 5.7.b Packet Pg. 111 b t Sua' Air ABSOLUTE MOTIONAL SECUMTYs ]Is i ii liliillliiil iiliili iiiiiiilii ifl 2. Use and Care of Fire Extingunghers' .. Extinguisher (carbon dioxide, dry chemical, or halon) should be serviced once a month by inverting the extinguisher and shaking it. Once a year, an authorized service should inspect and recharge the extinguisher. Once an extinguisher is used, never place it back in its original place; be sure it is recharged immediately by and authorized service company. To use a fire extinguisher, the acronym P.A.S.S." is the basic operation. Pull the ring pin Aim the nozzle at the base of the fire Squeeze the handle Sweep the handle Sweep the nozzle from the side to side If the extinguisher has an insulated, be sure to hold the handle, not the hose. As carbon dioxide is discharged, it creates static electricity that can shock you. 3. Keys to Combating A Fire Use the appropriate fire extinguisher to combat the fire. The type of fie the extinguisher was made for is labeled on the container. Most of the building extinguishers are of the ABC type, which can be used on most types of fires. When at all possible, two or more people should fight a fire. Never enter a room alone, unless a person's life is in danger. Feel the doorknob for heat before entering the room. If the door or doorknob is hot to the touch, do not enter. This indicates the room is engulfed in flames and opening the door will cause the fire to spread rapidly. If you determine it is safe to enter the room, close doors to prevent any fire from spreading. Fire, gases and smoke will rise: therefore, if you must enter a room to save a life, crawl on your hands and knees along the floor. Do not touch electrical wiring or television sets. Caution is advised when using fire hoses, which could result in water damage. for RFP —The of Diamond Bar RFP Private Secu 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: Services 2iS2i-/1 i6 Facsimile: (6Z6) 37 5.7.b Packet Pg. 112 MEDICAL EMERGENCY RESPONSE PROCEDURE In instances of serious injury or illness, the following steps shall be taken: Notify emergency services and provide the exact location of the victim and describe the medical problem/symptoms. Keep the victim still. Security personnel shall attempt to obtain detailed information about the incident. Security personnel shall ask the victim (if conscious) about their condition, and/or interview any available witnesses. Security personnel shall remain with the victim until relieved by Emergency Medical Services (EMS) personnel. The decision of whether or not to administer First Aid at the scene of an accident/injury is a personal one. The Good Samaritan law protects people who choose to perform First Aid, as long as the action taken is reasonable under the circumstances. Automatic External Defibrillator &CPR (AED) if applicable Certified personnel may authorize the use of the AED and CPR in accordance with the training received when the person is unconscious. Bloodborne Pathogens Employees or patrons may be exposed to blood while rendering first aid, cleaning up spills, cut/punctured by a potentially contaminated sharp object(s), or other contaminating activities. If this occurs, the following steps must be taken: Ensure that other employees or patrons are not exposed unless properly protected (i.e. gloves, goggles, etc.) Obtain all available information on the person who was the source of the blood. Notify Absolute International Security Post Commander and/or Management. Security personnel shall ensure the proper handling of the exposure, including all required documentation and notifications, as required by the Blood -borne Pathogens procedures. Proposal for RFP —The City of Diamond Bar RFP Private S 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Services mue: (btb tssu-tuu 5.7.b Packet Pg. 113 ABSOLUTE ATERMTIOML SECURITY ` ' AIS COVID49 Safety Policy At Absolute International Security (the "Company"), the health and safety of our employees is our top priority. With the spread of the COVID-19, the Company must remain vigilant in mitigating the outbreak and spread of the virus. In order to be safe and maintain operations, the Company has developed this COVID- 19 Prevention, Preparedness, and Response Policy (the Policy") to be implemented, to the extent feasible and appropriate, throughout the Company and our worksites. This Policy is based on information available from the CDC, OSHA, and state and local Health Department officials, at the time of its development, and is subject to change based on further information provided by those officials. The Company may also amend this Policy based on operational needs. I. AUTHORITY AND RESPONSIBILITY A. Responsibilities of Employees The Company is asking every one of our employees to help with our prevention efforts while at work. In order to minimize the spread of COVID-19 at our worksites, everyone must play their part. As set forth below, the Company has instituted various housekeeping, social distancing, and other best practices at our worksites. All employees are responsible for following these guidelines, using safe work practices, following all directives, policies, and procedures, and assisting in maintaining a safe work environment. In addition, employees are expected to report to their managers or supervisors if they are experiencing signs or symptoms of COVID49, as described below, or if they become aware of any COVID49 hazards. It is the Company's policy to ensure that employees can report COVID-19 symptoms and hazards without fear of reprisal. Employees may inform their managers or supervisors of any COVID-19 hazards identified by notifying them in writing by describing the hazard in detail. B. Training and Instruction The Company will provide effective training and instruction for employees, which includes: COVID-19 policies and procedures to protect employees from COVID-19 hazards and how to participate in the identification and evaluation of COVID49 hazards under the Identifying and Evaluating COVID-19 Hazards section of this Policy. IL GENERAL SAFETY POLICIES AND MANAGING COVID-19 HAZARDS A. Identifying and Evaluating COVID-19 Hazards 5155 I posal for RFP —The City of Diamond Bar RFP Private S Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Services Facsimile: (626) 858-2882 39 5.7.b Packet Pg. 114 ABSOLVE M SUM A.. C-4L5AGAdo The Company continues to monitor the applicable orders and general and industry -specific guidance from the State of California, Cal/OSHA, and local health departments related to COVID- 19 hazards and prevention at the workplace. In order to identify and evaluate potential COVID-19 hazards, the Company will conduct workplace -specific evaluations, from time to time, in order to evaluate existing COVID49 prevention'controls, identify the need for different or additional controls, and correct any potential COVID-19 workplace hazards. B. Health Screenings The Company expects that employees will evaluate their own health and- symptoms before reporting to work. All employees will be asked to complete a Notice of Collection of Employee COVID-19 Health Information before entering the physical work location. If screenings are conducted at the workplace, both screeners and employees will wear face coverings during the screening. Any employee who has a temperature of 100.4 degrees or higher and/or answers "Yes" to any exposure or symptom questions, will be asked to leave the worksite and return home. The temperature of each employee will be taken with anon -contact thermometer. All visitors, clients, and vendors will be required to complete a Health Questionnaire and Liability Waiver to assess exposure to COVID49 and will be asked to leave the premises if exposure or symptoms are determined. C. Staying Home When Sick Employees must familiarize themselves with the symptoms of COVID-19, which include, but are not limited to, cough, shortness of breath or difficulty breathing, fever or chills, fatigue, muscle or body aches, headache, sore throat, new loss of taste or smell, congestion or runny, nose, nausea, vomiting, or diarrhea. If an employee has any of the following, they should seek medical care right away: trouble breathing, persistent pain or pressure in the chest, new confusion, inability to wake or stay awake, bluish lips or face. Please note this list is not all possible emergency symptoms and it is possible that an infectious person may have no symptoms. Employees should call their medical provider for any other symptoms that are severe or concerning to them. If an employee develops any of the symptoms above, especially fever and symptoms of respiratory illness, such as cough or shortness of breath, the employee SHOULD NOT GO TO WORK and immediately notify their supervisor and healthcare provider. Likewise, if an employee comes into Close Contact with someone showing these symptoms, they should call their supervisor and healthcare provider right away. Employees should wait until they have been for RFP —The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Fa 858-2882 5.7.b Packet Pg. 115 ABSOLUTE MTEMATIOML SECURITY A` cleared by a healthcare provider before returning to work, If an employee shows symptoms of acute respiratory illness and/or COVID-19 at work, they will be sent home immediately. D. Notice of Absences Employees who will be absent from work should generally follow the Company's regular procedures for notifying the Company of the need for time off. If an employee is out sick or shows symptoms of being ill, it may become necessary to request information from the employee and/or their healthcare provider, subject to applicable laws. In general, the Company may request medical certification to confirm an employee's need to be absent and to confirm that it is appropriate for the employee to return to work. The Company will comply with all applicable statutes, laws, and regulations that protect the privacy of persons who have a communicable disease. E. Employee Accommodations In accordance with applicable state and federal law protecting qualified individuals with medical or other conditions that put them at increased risk of severe COVID-19 illness, the Company will attempt to reasonably accommodate those individuals unless doing so would create an undue hardship on the Company. The Company is committed to complying with all applicable state and federal laws, including the Americans with Disabilities Act, the Americans with Disabilities Act Amendments Act, and the Fair Employment and Housing Act. Further, the Company will not retaliate or otherwise discriminate against an individual for requesting such an accommodation in good faith. If an employee believes they require an accommodation from the Company, they should contact their supervisor or Human Resources Director to request such an accommodation. The Company will engage in the interactive process with the individual to determine if there is a reasonable accommodation that may be provided. The employee should specify what accommodation the employee needs to enable them to perform the essential functions of their job, preferably in writing. F. No Retaliation or Discrimination The Company will not retaliate or discriminate against any job applicant or employee for reporting or disclosing a position. 51551 posal for RFP —The City of Diamond Bar RFP Private S Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 arity Services Facsimile: (6261 858-2882 41 5.7.b Packet Pg. 116 ABSOLUfE -MER RMMLSECUM " 11111111111111111111iIiIHiI 5. Staffing Capabilities AIS currently services the Counties of Los Angeles, Orange, Riverside, and San Bernardino. This includes municipal, government, and private contracts in both armed and unarmed positions. AIS is currently expanding company operations by partnering with local workforce agencies such as Goodwill, Vet Hunters, and America's Job Centers. This allows our company to meet specific officer requirements from our clients including bilingual in Spanish, experience working with law enforcement, and officers with proven history of high -caliber security training. a. Staffing Plan We will staff your location as indicated in RFP with officers) who have been highly trained in their security responsibilities as well as customer service. We will utilize officers who have been trained for the specific details' and scope of work at your sites and we will train another two officers for backup. This will ensure that there is a consistent presence with officers who are familiar with the post assignments, employees, vendors and guests. Additionally, we will also have our Field Supervisors trained for the specifications of your post and be ready to deploy at a moment's notice. We will never send out an officer who does not understand the scope of work or what your expectations are. This ensures that you will always have highly trained personnel on site at any time. For whatever reason, if the usual officer is unable to work, we will deploy a replacement that is also trained and has knowledge of all aspects of this post. Once on post, the replacement officer will be required to perform the same duties, tasks and assignment to those of the regularly scheduled officers. b. Security Guard Absences As with any human capital industry, the security service industry has known attendance issues including tardiness and last-minute call offs. Absolute International Security has implemented many steps to minimize this issue. The first step is to ensure clear communications between scheduling, communications, quality assurance, and operations departments to ensure that a clear schedule is produced with officers who are qualified and happy with the sites that they are assigned to, thereby minimizing attendance mishaps as much as possible. Secondly, we implement a pool of rover/Quality Assurance officers who are trained for the Foothill Transit sites to allow us to fill vacant spots on a moment's notice to ensure that the client never ends up with an unprotected site. c. Emergency Requests AIS has a 24/7 Call Center for our clients to immediately speak to a communications officer/Dispatch regarding any additional service needs, suggestions, questions, concerns, or complaints. Any emergency requests will be directed to AIS management who will contact the client with a plan of action. AIS will fulfill requests to the best of our ability, including using site - trained supervisors for emergency coverage if needed. Any emergencies will have AIS management contact the client with the event briefings and if necessary, pursue an in -person meeting to address the situation. Our clients will have the emails and phone numbers to our management team. 5155 I posal for RFP —The City of Diamond Bar RFP Private S Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Services 42 5.7.b Packet Pg. 117 ABSOLUTE INTERNATIONAL SECUMTY`U&TUMV4eATS s,, 6. Electronic Monitoring Methods Check in and Check Out System When a security officer begins his shift, he reports directly to the post (job location) and calls our 24-hour IN-HOUSE dispatch center to check in, The dispatch center keeps track of the check in and check out times computerized for every guard and every shift for all Absolute International Security Customers, Sign -in Sheets In addition to calling in and out,,we also implement sign in and sign out sheets at each job site. The sign in sheets are collected by one of our field supervisors and are turned in to our headquarters. The sign in sheets are then compared with the call in and call out log for each employee. Once this is completed, the time sheets are checked against the post schedule to ensure that the correct employee is checking in and out and that there is no unnecessary overtime being worked and there is full coverage of the post. If there are any changes in the schedule or hours worked, it is updated on our weekly schedule. All sign in sheets and call in and out logs should match the schedule for a particular jobsite at this point. If the post does not require a sign in and out sheet, dispatch matches all time sheets to the call in and out logs to ensure the hours of work are accurate. Electronic Sign -In Equipment/Method AIS utilizes software to keep track of work schedules and check in/out times. Guards can clock -in from their phone and the client can verify the guards' time and location when reviewing timesheets. Geofencing the work site means guards can only clock in with the app when they are actually within the perimeters of the client's site. Timesheet summaries breakdown hours in a pay period and allows for easy export of timesheet reports, Spot overages allow clients to easily see the differences between scheduled vs. worked hours. Upon request, AIS can provide a work tablet for each site for employees to clock -in without using aGPS-enabled device. Track Tik Tracking AIS uses a mobile, web -based software solution called TrackTik. TrackTik is specifically designed for security companies that want real time oversight at their sites. This program can allow the client to see real time reports, GPS, and incident reports, Our guards are instructed to write hourly activity reports using a mobile phone that is provided by AIS. One key feature that we use is the scanning of NFC checkpoints. These checkpoints can be placed at an area of importance which will physically force the guard to scan this checkpoint on an hourly basis. Once scanned, the phone can provide a follow up prompt of the clients choosing. This can be a reminder to the guards to shut for RFP —The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 ne:(626)858-7188 Facsimile: (62 5.7.b Packet Pg. 118 ABSOLVE ATERMHOML-SECU>M un any open doors, or to make sure certain places are secure and locked. TrackTik can be accessed through any mobile device. This includes tablets, phones, and computers. The client can monitor the guard's live GPS location which updates every few minutes. This can give peace of mind to the client knowing that the guard is on site and patrolling. Reporting an incident through TrackTik is very easy. The report can include any pictures of the incident, a detailed report of the incident and any follow-up procedures as well. Overall, TrackTik is a great tool that we use to monitor and supervise the guards. Reports Fburry ActlYR,Rpat • ` 4"/.'IlrtYll•45m YJ.MYICr.S lACACSNIFtJ+J Y:AIEA YUp A a ® MM41 Aeth* Report • 4)!lr/ 1011•n Y Y,sws un vSaN FtDcoKnrW r+P c5 IO In the reports page, Users will be able to see hourly activity reports. User can see the Report type, date, who reported it, and the account name. User can click on the box with "With Incident Flags Only" to only see Incident reports. axe wm:e.m u Terre wpvr Documents In the Documents page, User must choose a specific site to see the documents related to that specificsite. User can download these documents with the green download button that is labeled Download". GPS Tracks for RFP —The 5155 Irwindale Ave, Irwindale, of Diamond Bar RFP Private 6 Telephone: (626) 858-71P Services 626) 85t3-Lt3t31 5.7.b Packet Pg. 119 ABSOLUTE INTERNATIONAL SECURITY Ays iiti!!I!!!illiillliiiillilil!llli tliiii!llifli. 6 The GPS `r`aIt s uses the GPS location of the phone to determine the position of the guard. The Green bars on the bottom signal movement and GPS activity. The Red Dots symbolize individual scans, reports, Geofence movement and TrackTik Activity. To see the timeline of the GPS, drag the timeline to User preferred time or use the drop -down menufor more precise times and dates. In the white box on the map, User can see details such as the phone number, the guard's name, thetime and date, and the accuracy of the GPS location. The little picture of the guard on the map indicates the location of the guard at that time. Checkpoint Scan Logs Rou4: Fool Patrd Sort: osheSwr vb:v PDT 59 EaP7m-as: SL'PERt15GRA\GEL Eod o;h8/man aEp PDT Flj hDsap Box oslt8/son M7tPD7 J„",..,t fa. Cusbsssu SmoWn3Area oshe/soa tb."MT $snood JY Fie(tate 04/18,twa 16A PDT 5s1Jsd ea . SBduap Bah ofBv8dfv3 Frame ofA%ladmr ssysB/mss s&a(PDT - 4aored as. South PedeatAav Gate ws8/son o lzs PDT e......i 6. first Floor Puh)le6(esfs Eeatsoom os/tsf son 16:26 PDT Ssuud 87, Tolenlnr Booth(.raou firom u) eyhl,iaoss s6:ts PDT Suorcd 88. Ftre ExlInguisher s u osltB/toss e677 PDT San Pq. Phosu Nnem to7 OWnse Bird side) osfs8ftoa t6:s? PDT Rsnmd eto. Fin E tinsulahu teg os/s8/non s&gSPDT Snomd 6u. Fln E"Insulsher/ao ad/tB,saa i&tg PDT Sunned su. North side@it Nilson 16M PDT gnnred 10090 Jamd Fiittd o Users can see in live time which points the guard has scanned. This list can help visualize the route the guard is taking Quick summary of scans without needing to open the full report for RFP —The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-2882 45 5.7.b Packet Pg. 120 C-:4L5AGA ' 7. Hiring and Background Checks I.m - - Our Officers are our most important asset, they represent AIS and you, the client. Therefore, AIS management considers many different components when hiring a security guard. We will only recruit applicants who we deem worthy of wearing our badge and uniform. We seek to hire personnel that not only have experience, but also have "mentality fit for a guard". Our commitment to.recruiting and hiring quality officers ensures that we retain a professional team to minimalize turnover and provide better client satisfaction. We recruit applicants through several resources- advertising through local newspapers and our website, job fairs, and government agencies. The majority of our New Hires, however, come from word of mouth, recommended from our current staff. We give special attention' to former Police Officers and Military Veterans' in particular because they have already established the disciplined qualities we are seeking. Many of our officers are veterans who were introduced to us through Work Source, a job placement agency for veterans. In addition, we have hired officers from EDD, L.A. County Department of Education, L.A. Puente Adult School, and several more. Diversity is an asset we look for in an Officer. We look for professional personnel that can bring more to the table, especially here in Southern California where we are known to be a diverse state. Bi/Multi-Lingual Officers are a great advantage when working with the public. Our current staff speaks several languages: English, Spanish, Cantonese, Chinese, Mandarin, and Vietnamese as well as many others. Application Process. Each applicant is required to fill out our detailed application AIS corporate offices to confirm that the candidate has the ability to communicate, read instructions, and most importantly, write legibly and intelligibly. Legible handwriting comes in handy when trying to read an. Officer's detailed report. of an important incident, Certification & Training Requirements. New Recruits must have a valid guard card issued by the State of California Consumer Affairs and the Bureau of Security & Investigative Services (BSIS). We confirm this by checking the current status of the candidates' guard card number thru our contacts at BSIS and their website. We request copies of any and all certifications they may have obtained to confirm that the guard cards are up to date. Officers must also possess the PR-24 baton card to carry a baton. Additionally, First Aid or EMT -I certification, a Cardiopulmonary Resuscitation (CPR) card, and a valid California Driver's License are required. Physical Abilities. Even though we are an equal opportunity employer, most posts require a certain baseline of physical abilities that require us to take into account past injuries or current disabilities to provide you with the best service we can provide. This would be limited if our officers were not able to stand at a post for periods of time or walk around at a service location. Contact References. AIS management will also review and contact the applicant's job Proposal for RFP —The City of Diamond Bar RFP Private 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-718 Services Facsimile: (626) 858-2882 5.7.b Packet Pg. 121 ABSOLUTE MTEMATIONAL SECURITY of references to ensure the character being presented on paper matches the candidate's actual in -field work quality or experience. Sometimes, the applicants will embellish their descriptions of actual work performed. We want to reassure beforehand so that we do not make somebody else's old problem our new problem. Work Abilities &Experience. We also look for past experiences in similar types of environments. By doing so, we ensure that the applicant will have some knowledge of the work they will be required to perform. For example, in filling posts for Pomona City Hall, we would prefer an experienced, professional individual with the physical abilities to move swiftly, lift up to 50 lbs, and respond to the needs of the staff and visitors. Background Check or Verification. All personnel hired by AIS is screened through Megan's Law sex offender registry and 'Verified to have a clear' record, free from any criminal activity. If a client requires further investigation before an Officer is considered to serve at a particular location, we utilize HireRight to conduct a more in depth investigative background check. Picture Identification. All Officers will be photographed and issued a picture identification card which they will carry at all times. This identification card is to be properly displayed while on duty. It is typically worn on the lapel of the uniform shirt or clipped onto the front pocket for clear identification. Drug Testing. Upon request from the client, AIS will have officers complete and pass a drug screening, a finger printing process, and a medical examination to determine fitness to perform assigned duties LiveScan. All officers are required to undergo federal LiveScan with the Department of Justice (DOJ). The purpose for these background checks is to evaluate criminal backgrounds prior to employment, licensure, or certification. Candidate background reports are provided to the client to be approved before being placed on the staffing plan. Zero Tolerance. All officers are required to be up to date with any Local or State mandated requirements. If made aware, we will promptly notify our Officers when they need to take care of any issues. If an Officer refuses to adhere to the request, he will be replaced from the location immediately until he has fulfilled the requirements. AIS recruits officers through the efforts of Local Work Source Agencies as well as online advertisements and word of mouth. All applicants must complete an application package that AIS Human Resources Department provides. If qualified, the applicant is then interviewed by the Operations supervisor. If the applicant passes the interview process, our HR department will then have the applicant fill out a questionnaire to process a background check. The HR department will also conduct Social Security screening, BSIS certification, and e-verification as needed. Proposal for RFP —The City of Diamond Bar RFP Private Sec 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Services Facsimile: (626) 858-2882 47 5.7.b Packet Pg. 122 ABSOLUTE AIRMT10ML SECUM Insurance Policy Absolute Security International Corp maintains a comprehensive, specific insurance program for its various public and private security contracts. This coverage includes Commercial General Liability, Commercial Auto, Workers Compensation, Employer Liability and Terrorism Protection Plan. Commercial General Liability: 1,000,000 for bodily injury and property damage on an "occurrence" basis 2,000,000 for general aggregate Includes Completed Operations, Professional Liability (i.e., errors & omissions), theft extension, and lost key coverage Personal and advertising injury of any one person or organization Includes consequential bodily injury arising out of false arrest, malicious prosecution, slander and libel, and violation of right of privacy Product/Completed Agg Fire Damage Medical Expense Umbrella Liability: Each accident limit: $10,000,000 and up Aggregate: $10,000,000 and up Disease Policy Limit: $1,000,000 and up Disease Each Employee: $1,000,000 and up Terrorism Crime Foreign Terrorism Protection Plan Workers Compensation General Liability/Errors & Omissions Employee Dishonesty Employer Practices Liability Insurance for RFP —The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 50 5.7.b Packet Pg. 123 ABSOLUTE INTERNATIONAL SECURITY 1liilil(111iliilil11111i1i1i111i1iliiiilil(1i11(f ,; w 1002 Provides coverage to employers against claims made by employees alleging discrimination, wrongful termination, harassment, failure to promote and other employment -related issues Each Incident Limit: $500,000 Workers' Compensation and Employer's Liability: Each Accident Limit: $1,000,000 Disease Policy Limit: $1,000,00 Each Occurrence: $1,000,000 Endorsements Error and Omissions Assault and Battery Lost Keys Commercial Auto Liability: Liability: $1,000,000 o Comprehensive o Collision Hired Auto: $1,000,000 o Comprehensive o Collision Non -Owned Auto: $1,000,000 Excess Insurance: For clients that require an extra level of insurance due to high risk, we can procure a per project excess" policy that is in addition to the coverage of an underlying policy category (i.e. general liability, auto, crime). AIS will also provide updates on our insurance coverage throughout the term of the Contract to ensure that there is no break in coverage during the period of the Contract. We will provide a thirty (30) day written notice prior to the cancellation or changes of any insurance policya it for RFP —The City of Diamond Bar RFP Private Security Services 5155 Irwindale Ave, Irwindale, CA 91706 858-7188 Facsimile: (626) 858-2882 51 5.7.b Packet Pg. 124 ABSOLUm ATEMARSECURITY S 111111111111111111111111111111111HIIIIIIIIIIIINIa' s, References County of Riverside Department of Public Social Services Name: Guillermo (Will) Hernandez, Administrative Services Analyst Address: 1400 W. Mihihorn Street, Lake Elsinore, CA 92530 Tel: ( 951) 35&3006 Email: GTheman@RIVCO.ORG Term: 04/09/2019 — 06/30/2023 Type of Service: unarmed and armed security guard service Brief Service Description: AIS provides unarmed security guards at 33 various locations for County of Riverside Department of Public Social Services. Our guards are responsible to maintain a safe environment and a favorable image for all employees and the public. AIS's security officers' main duties are lawfully prevented unauthorized access and secure areas within the County facilities, possess and exercise strong personal interactive skills in dealing with the public, to alway's display a professional image and manner while on duty. City of Rancho Cucamonga Name: Neil Plummer, Facilities Superintendent Address: 10500 Civic Center Dr, Rancho Cucamonga, CA 91730 Tel: ( 909) 7744092 Email: Neil.Plummer@cityofrc.us Term: 07/01/2018 — 06/30/2023 11 months, option to renew in one-year increments to a total of five years Type of Service: unarmed security guard services Brief Project Description: AIS provides unarmed security guard services for City owned parks, community centers for special events, transit stations, and government facilities. At Transit Station, AIS is to provide standing Security Guard services for Metrolink train station and adjoining parking lots. Services include platform security, patrol routes and parking lot surveillance. AIS provides security officers with electronic patrol tour verification device at this location. They serve as a visual and physical deterrent to crime. Their primary role is to protect the people and the property of the City from potential crime or vandalism, report any illegal activity to the Police Department, and provide a security presence to ensure protection in the area. We also use individual guard tracking and provide complete tour reports for the City. County of Los Angeles Fire Department Name: David Breen, Section Manager/Building Crafts Superintendent Address: 1320 North Eastern Ave, Los Angeles, CA 90063 Tel: ( 213) 434-5874 Email: David.Breen@fire.lacounty.gov Term: 07/01 /2019-06/3 0/2024 Type of Service: armed security guard service Brief Service Description: AIS provides armed officers for three sites in Los Angeles Headquarters, Pacoima, and Del Valle Regional Training Center. The screening process includes the Federal LiveScan, physical/drug screening, and certification/licenses check. The certification and permits required include the BSIS Guard Card, exposed firearm permit, baton permit, and CPR/126First Aid. At the Los Angeles Headquarters office, there are two positions including one entry access officer who logs visitors in and out of the facility after checking for valid County employee badges and a lobby officer who makes periodic patrols and oversees the CCTV system. The Pacoima and Castaic sites require 1 vehicle per site which are used for an 8 hour and 24/ 7-hour patrol respectively. Every site has 24/7 coverage every day of the year including federal holidays. for RFP —The City of Diamond Bar RFP Private 5155 Irwindale Ave, Irwindale, CA 91706 T Services 858- 7188 Facsimile: (626) 858-2882 5.7.b Packet Pg. 125 o oF r Bureau of Security Investigative Services O. Rox,989002 Wesr , t Sacramento, CA 95798-9002 DEPARTMENT OF CONSUMER AFFAIRS A h lK,(llllG +Y rtv.,, {946) 322-4000 PRIVATE ERATOR License No PP016302¢ Valid Until:01/31/2023.. tfttR<4 Receipt Noe 9742 ABSOLUTE INTERNATIONAL SECURITY, INC: 5155 IRWINDALE AVE In accordance with the provisions of. Division 3, Chapter 11.5 of the.Business BALDININ PARK, CA 91706-2'16T ` and Professions Code, thecorripany named hereon is issued a Private Patrol Operator License Renewal. 0 r O MINIM - NON —TRANSFERABLE mmaImiIIIIIII, POST IN PUBLIC VIEW — — — — - WPIPPO 10/2015 :a 0 T oFs h T Bureau.of Security and.Investigative.Services P.O. Box 989002 r,uTg>t West Sacramento, CA 95798-9002 DEPART~ 60 CONsOMER A"Alk .6p{ rk r L (916) 3224000 . FIREARMS 4 J C FACILITY 1. - Go, rtiflCate No; :TFF1300 +ti `K.1 ` ,_ ,' Valid Until: 06/301 024 gtfR;}" kkk Receipt No.:1160 A I •S an. eccordance'tiVith the prgVisions of: 5155 IRWINDALE AVE bivision 3, chapter. 1`1.5 of the Business BALDWIN'PARK, ``CA 91706-2167: rand Professions .Cone, the;fa illty: named Hereon is issued a Training Facility irertifioato Renewal-. NONTRANSFERABLE - - - - - POST IN PUBLIC VIEW - - - WPITFF't0/2Qt , 1 z s Bureau of Security and investigative,8eruices ekgOP P.O. Box 989002R •uEk.vF naud West Sacramento, CA 95798-9002 , GEPARTM1'0011EONSOMERAFFAIRE ' (fj1Cd .,,. -(916) .22-4000 _. .. T S rkz'(i; BATON TT1 .+ ACILITY - H ff0. Certifleete Np :TFB1188 w •Valid :Unt11: 06/30/2024 Receipt No,l 566 A'I S. accordance with the provislons of..r. 5155 IRWINDALE AVE Division 3, Chapter '11.5 of the Business L. , BALDWIN PARK, CA 91`706-216T: and Professions Code; the facility named ' hereon is issued a Training Facility Certifi cate Renewa . o NON= TRANSFERABLE — — — — POST IN PUBLIC VIEW all— 0 61 5.7.b Packet Pg. 126 BUSINESS. CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, GOVERNOR i i DEPARTMENT OF GONUMIMER AFFAIRS BSIS i BUREAU OF SECURITY AND INVESTIGATIVE SERVICES h I PO Box 980550, West Sacramento, CA 95798 Z`_ I P (916) 3224000 1 I' (800) 952-52101 I (916) 575-7290 1 mvw.bsis.ca.gov VERIFICATION OF LICENSURE This is to certify that 1, Alexandra Haynie, am the Custodian of Records at the Bureau of Security and Investigative Services (Bureau), Department of Consumer Affairs. In this position, I am tasked with searching the records of the Bureau and providing this Certification. A diligent search was made under my direction and any failure to find a record should be regarded with respect to Evidence Code section 1284. Absolute International Security, Inc. dba Absolute Security International, Inc. 4255 Tyler Ave EI Monte, CA 91731 Personnel: Title: Lucy Jie Lin CEO/CFO License Number: License Type: Issued: Expiration: Status: 16302 Private Patrol Operator 01 /26/2009 01 /31 /2023 Current Association• 11/19/2018 I3ureau of Security and Investigative Servic is P.O: Box 889002 N, West Sacramento, CA 95798 9002 j L.r C7 (916) 322-400D .. ', GVFttW.l t'[Gh.yVIP IIIAti t PRIVATE. PATROL OPERATOR License No. POO16302 Expiration 01/31/2023 I CEO, TRE'OM; CFO OFABSOLUTEINTERNATIONAL SECURITY; INC LUCY JIE•LIN 4255 TYLER AVE: EL MONTE; CA 91731-1601 Recetpi No,. 7466 IFF I Al i 1 Disassociation: N/A 5.7.b Packet Pg. 127 Secretary of State Certificate of Amendment AMDT- of Articles of Incorporation STK-NA Name Change Only - Stock IMPORTANT -Read Instructions before completing this form. Filing Fee - $30.00 Copy Fees - First Page $1.00 & .50 for each attachment page; Certification Fee — $5.00 This Space For Office Use Only 1. Corporation Name (Enter the exact name of the corporation as it 2. 7-Digit Secretary of State Entity currently is recorded with the California Secretary of State.) Number ABSOLUTE SECURITY INTERNATIONAL, INC. 3170681 3, New Corporation Name Enter the number, letter or other designation assigned to the provision in the Articles of Incorporation being amended e.g., 1., "I", "First", or "One"), Article I of the Articles of Incorporation is amended to read: The name of the corporation is ABSOLUTE SECURITY INTL CORP 4. Approval Statements 4a. The Board of Directors has approved the amendment of the Articles of Incorporation. 4b. Shareholder approval was (check one): By the required vote of shareholders in accordance with California Corporations Code section 902. The total number of rit tstCA" ding shares of the corporation entitled io vote is 2,000,000 The number of shares voting in favor of the amendment equaled or exceeded the vote required. The percentage vote required was more than 50%. OR Not required because the corporation has no outstanding shares. Read, sign and date below (See instructions for signature requirements. Note: Both lines must be signed.) We declare under penalty of perjury under the laws of the State of California that the matters set forth herein are true and correct of our own knowledge and we are authorized by California law to sign. 12/ 23/2021 LUCY LIN Date Signature (Do not leave blank) Type or Print Name of President 12/ 23/2021 _ LUCY LIN Date Signature (Do not leave blank) Type or Print Name of Secretary AMDT- STK-NA (REV 12/2020) 2020 California Secretary of State bizfile. sos.ca.gov 63 5.7.b Packet Pg. 128 ABSOLUTE INTERNATIOML SECURITY61 IIIIIIIIIIIIIflllll11111111111111111III 111111111111 REQUEST FOR PROPOSALS FOR CITY OF DIAMOND BAR SECURITY GUARD SERVICES FOR SPECIAL EVENTS COST PROPOSAL AMENDMENT To: City of Diamond Bar ATTN: Ms. Crystal Knox Recreation Supervisor 21810 Copley Drive Diamond Bar, CA 917654178 From: Absolute Security Intl Corp 5155 Irwindale Ave, Irwindale, CA 91706 Lucy Lin, President/QM Tel: (626) 858-7188 llin@absolutesecurityintl.com July 14th, 2022 5155 Irwindale Ave, Irwindale, California 91706 Telephone: (626) 858-7188 Facsimile (626) 858-2882 Toll Free (866) 969-7188 5.7.b Packet Pg. 129 kkk cat.4 SERVICE FEE Unarmed Security Officer Rates for City of Diamond Bar Unarmed Security Guard Hourly Rate: $30.00/hour per officer Holiday/Overtime Rates: $45.00/Hour per officer City of Diamond Bar Item Num Item Description Unit of Measure Unit Price 1 Hourly Rate for shifts scheduled 4 hours or less Hourly Fix Price: $120.00 2 Hourly Rate for shifts scheduled 4.5 hours or more Hourly 30.00/hr 3 1 Hourly Rate for holiday shifts scheduled 4 hours or more Hourly 45.00/hr 4 Hourly Rate for holiday shifts scheduled 4.5 hours or more Hourly 45.00/hr 5 Other Fees and or restrictions that are specific to yourfirm Each 45.00/hr For all the events equal to or less than 4 hours, the price is the same as $120.00 Notes: 1. The proposed service rates are valid until Jun 30'h, 2023. 2. Overtime Rates will be applied as incurred by client, as follows: a. Any hours worked in excess of 8 hours per day, billable at 1.5 times the regular rate for the first 4 hours of overtime, and any hours worked in excess of 12 hours per shift, billable at 2 times the regular rate. b. Any hours worked in excess of 40 hours per week, billable at 1.5 times the regular rate. 3. AIS observes six (6) annual holidays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thdit Day, and Christmas day. Worked performed on these days is billable kt 1.5 times the regular rate. The customer can add additional holidays to be paid and billed at the holiday rates. 4. Every shift over 6 hours, security officers) must take 0.5-hour meal break between the 5tlt4t{t hours. This meal break will be non paid and non -billed unless S/O does not receive the meal break. If the missed break is caused by client, client's employees or by an incident or situation related to the client's scope of work, SIO is required to be paid for the 0.5 hour worked, plus a 1.0- hour premium pay, both which will be billable to the customer. 5. All rates are acknowledged to be fully burdened to include all direct and indirect costs, overhead, profit and shall remain fixed. 6. Notwithstanding anything to the contrary herein, in the event the direct labor cost ofAbsolute International Security (AIS) is increased by virtue of any increase in state or federal minimum work rates, other legislation, regulation or taxes, AIS may increase its rates appropriately to reflect such increase. In addition, the rates may be increased in the event of any strike or emergency conditions which render the services more difficult to provide. 5155 Irwindale Ave, Irwindale, California 91706 Telephone: (626) 858-7188 Facsimile (626) 858-2882 Toll Free (866) 969-7188 5.7.b Packet Pg. 130 Agenda #: 7.1 Meeting Date: August 1, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AMENDMENTS TO TITLE 16 OF THE DIAMOND BAR CITY CODE TO ADOPT, BY REFERENCE, TITLE 32, FIRE CODE OF THE LOS ANGELES COUNTY CODE, AS AMENDED, WHICH CONSTITUTES AN AMENDED VERSION OF THE CALIFORNIA FIRE CODE, 2022 EDITION. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Hear the staff presentation, receive public testimony and discuss; B. Determine that the proposed action does not constitute a project and is therefore exempt from the California Environmental Quality Act (“CEQA”); and C. Introduce for first reading by title only, waive full reading of Ordinance No. 02 (2023), and set for public hearing, second reading and adoption at the August 15, 2023 City Council meeting. BACKGROUND: Every three years, the California Building Standards Commission updates the California Building Standards Codes (“California Codes”), a compendium of construction standards intended to ensure that buildings are constructed and renovated in a manner that is safe, green, and provides a decent quality of life for the buildings’ occupants. The commission published the 2022 updates in July 2022. Included among the California Codes is the California Fire Code. The California Codes serve as the baseline construction standards for all local governments in the state. Cities and counties may adopt amendments to the California Codes to enact more restrictive building standards as needed to protect the public health, welfare and wellbeing due to local climatic, geologic and topographic conditions. The City Council adopted the 2022 California Codes with local amendments on 7.1 Packet Pg. 131 November 15, 2022 [Ordinance No. 03(2022)]. For the reasons discussed below, the ordinance did not include local amendments to the Fire Code. Diamond Bar is one of 58 cities which are members of the Consolidated Fire Protection District of Los Angeles County (“District”), with fire protection services provided by the Los Angeles County Fire Department. The District prepares the amendments to the California Fire Code on behalf of the Fire Department’s client cities and unincorporated portions of the County. The California Fire Code with the District amendments, is then adopted as Title 32 of the Los Angeles County Code, and becomes the Fire Code for the District (“District Fire Code” or “LACFC”). Because of the District’s broad geographic jurisdiction, amendments that address the diverse characteristics of the region commonly require additional time to craft. On January 31, 2023, the Board of Supervisors, acting as the governing board for the District, adopted the 2022 District Fire Code, which then became effective beginning March 2, 2023. The City must now ratify the District Fire Code as the Fire Code for the City in order to delegate enforcement authority to the District Fire Chief. ANALYSIS: The proposed ordinance amends Title 16 of the Diamond Bar Municipal Code by incorporating the 2022 District Fire Code. The District Fire Code amendments to the California Fire Code are necessary to address local climatic, geologic and topographic conditions. For the most part, the District Fire Code amendments are simply carryovers from prior code updates, and most amendments are technical in nature. An important new requirement pertains to the local adoption of Very High Fire Hazard Severity Zone (VHFHSZ) information. Section 4904.3 of the State Fire Code (incorporated by reference into the District Code) requires local agencies to make new or updated VHFHSZ information, including maps, available for public review within 30 days after the State’s publication of this information. Local agencies must then designate by ordinance the local VHFHSZ maps. The State Fire Marshal is working on these maps, which will be brought to the Council once ready for local adoption. For convenience, the entire text of the District Fire Code is provided under Attachment 2, and has been highlighted with underlining and strikeouts to show where the changes were made. ENVIRONMENTAL REVIEW: The proposed adoption of the 2022 Edition of the District Fire Code does not constitute a project under the California Environmental Quality Act (“CEQA”). As such, this matter is exempt under CEQA. LEGAL REVIEW: The City Attorney has reviewed and approved the Ordinance as to form. NOTICE OF PUBLIC HEARING: 7.1 Packet Pg. 132 Pursuant to California Government Code 50022.3, a public hearing notice will be published in the San Gabriel Valley Tribune at least 10 days prior to the public hearing on August 15, 2023. PREPARED BY: REVIEWED BY: Attachments: 1. 7.1.a Ordinance 02 (2023); 2022 Fire Code 2. 7.1.b Exhibit "A" - L.A. County Ord. No. 2023-0008 (Fire Code Update) 7.1 Packet Pg. 133 ORDINANCE NO. 02 (2023) 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, 2022 EDITION. WHEREAS, California Government Code Section 50022.1 et seq., authorizes the City of Diamond Bar to adopt by reference the 2022 California Fire Code as set forth in the California Code of Regulations, Title 24, Part 9. WHEREAS, 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. WHEREAS, 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. WHEREAS, the City introduced for first reading this Ordinance on August 1, 2023, 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. WHEREAS, pursuant to California Government Code Section 6066, the City published notice of the public hearing on _________, 2023 for the hearings set forth in subsections (iv) above and (vi) below. WHEREAS, the City held a public hearing on __________, 2023, 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. WHEREAS, any and all legal prerequisites relating to the adoption of this Ordinance have occurred. NOW THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Section 1. Findings in Support of Modifications to Title 24 Building Standards. The 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, 7.1.a Packet Pg. 134 Ordinance No. 02 (2023) 2 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 arid 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 creates 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” pages 273 through 300 and incorporated by reference. 7.1.a Packet Pg. 135 Ordinance No. 02 (2023) 3 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. Section 2. Chapter 16.00 of the City of Diamond Bar City Code is amended to read, in words and figures, as follows: CHAPTER 16.00 FIRE CODE Sec. 16.00.010. - Adopted. Except as hereinafter provided, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on March 2, 2023, which constitutes an amended version of the California Fire Code, 2022 Edition (Part 9 of Title 24 of the California Code of Regulations), Chapters 1 through 80, Appendix O, P, Q, and R, and excluding all other appendices of the 2022 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 2021 Edition of the International Fire Code, Chapters 1 through 7, Chapters 9 and 10, Chapter 12, Chapters 20 through 37, Chapters 50 and 51, Chapters 53 through 56, Chapters 59 through 67, Chapter 80, Appendix O, P, Q, and Appendix R 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, 2022 Edition, International Fire Code 2021 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, 2022 Edition, and the International Fire Code 2021 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. Sec. 16.00.020. - Amendments This section is reserved for future use. Sec. 16.00.030. - Amended. 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 7.1.a Packet Pg. 136 Ordinance No. 02 (2023) 4 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: 7.1.a Packet Pg. 137 Ordinance No. 02 (2023) 5 7.1.a Packet Pg. 138 Ordinance No. 02 (2023) 6 7.1.a Packet Pg. 139 Ordinance No. 02 (2023) 7 Section 3. Any inconsistencies between the Fire Code as adopted by this Ordinance, and the 2022 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 ____ day of _________, 2023. 7.1.a Packet Pg. 140 Ordinance No. 02 (2023) 8 PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Diamond Bar on this ____ day of ______, 2023. CITY OF DIAMOND BAR __________________________ Andrew Chou, Mayor ATTEST: I, Kristina Santana, 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 1st day of August, 2023 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the ________ day of ____________, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 7.1.a Packet Pg. 141 HOA.103903238.11 ANALYSIS This ordinance repeals Title 32 – Fire Code – of the Los Angeles County Code, which incorporated by reference portions of the 2019 Edition of the California Fire Code, and replaces it with a new Title 32 containing that incorporates by reference the 2022 Edition of the California Fire Code, with certain changes and amendments, which itself largely incorporates by reference, with certain changes and amendments, the 2021 Edition of the International Fire Code. State law allows the County and Consolidated Fire Protection District of Los Angeles County (District) to adopt more restrictive building standards than the 2022 Edition of the California Fire Code if they are reasonably necessary because of local climatic, geological, and/or topographical conditions. This ordinance contains findings that all of the amendments to the 2022 Edition of the California Fire Code that constitute more restrictive building standards are reasonably necessary because of local climatic, geological, and/or topographical conditions in the County of Los Angeles. This ordinance further amends Title 32 by making administrative changes and editorial corrections. Unless deleted or modified herein, the previously enacted provisions of Title 32 continue in effect. This ordinance adopts Title 32 as the Fire Code for the District. Very truly yours, DAWYN R. HARRISON Interim County Counsel By JENNY P. TAM Senior Deputy County Counsel Justice and Safety Divison JT:bd Requested: 10/19/22 Revised: 11/28/22 7.1.b Packet Pg. 142 HOA.103903238.11 ORDINANCE NO. __________ An ordinance amending Title 32 – Fire Code – of the Los Angeles County Code, by repealing it and replacing it with the 2022 Edition of the California Fire Code, by incorporating it by reference with certain changes and amendments, which itself largely incorporates by reference, with certain changes and amendments, the 2021 Edition of the International Fire Code. This ordinance adopts more restrictive building standards than those imposed by the State of California and its agencies that are reasonably necessary because of local climatic, geological, and/or topographical conditions. Finally, this ordinance adopts Title 32 as the Fire Code for the Consolidated Fire Protection District of Los Angeles County. The Board of Supervisors of the County of Los Angeles, also acting as the governing body of the Consolidated Fire Protection District of Los Angeles County, ordains as follows: SECTION 1. Title 32 is hereby repealed in its entirety. SECTION 2. California Code of Regulations Title 24 – Part 9: 2022 California Fire Code is hereby adopted by reference as Title 32 – Fire Code – of the Los Angeles County Code, except as amended by those changes and additions adopted in this ordinance. The section numbers used in this Title 32 are the same numbers used in the California Fire Code due to its incorporation herein. 2023-0008 7.1.b Packet Pg. 143 HOA.103903238.11 2 SECTION 3. Section 100 is hereby added to read as follows: 100 CALIFORNIA FIRE CODE AND INTERNATIONAL FIRE CODE ADOPTION BY REFERENCE: Except as changed, amended, added to, or removed, as established by ordinance and reflected herein, the following, as if set forth fully below, are hereby adopted by reference, incorporated into, and shall be known as the chapters, appendices, sections, and other parts of Title 32 of the Los Angeles County Code: 1. The 2022 Edition of the California Fire Code, Part 9 of California Code of Regulations Title 24, including current and future errata and supplements, as reflected by the "California Matrix Adoption Tables" therein. 2. The following chapters of the 2021 Edition of the International Fire Code, each in their entirety, as published with the 2022 Edition of the California Fire Code, specifically for sections that were not adopted as part of the 2022 Edition of the California Fire Code: Chapters 1–7, 9–10, 12, 20–37, 39–40, 50–51, 53–56, 59–67, and 80. 3. The following chapters and appendices, each in their entirety, as added by the County of Los Angeles: a. Chapters 81–83. b. Appendices O, PP, QQ, and RR. A copy of the 2022 Edition of the California Fire Code, with errata and supplements, and a copy of the 2021 International Fire Code shall be at all times 7.1.b Packet Pg. 144 HOA.103903238.11 3 maintained by the Executive Office of the Board of Supervisors for use and examination by the public. SECTION 4. Section 101.1 is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of [NAME OF JURISDICTION]Title 32 of the Los Angeles County Code shall be known as the LOS ANGELES COUNTY FIRE CODE, hereinafter referred to as "this code." References made herein to the "California Fire Code" shall mean this code. SECTION 5. Section 101.2 is hereby amended to read as follows: 101.2 Scope. This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding all of the following: . . . 5. Conditions affecting the safety of the fire fighters and emergency responders during emergency operations. 6. Fire hydrant systems, water supply, fire equipment access, posting of fire equipment access, parking, lot identification, weed abatement, and combustible brush and vegetation that represents an imminent fire hazard, debris abatement, combustible storage abatement including flammable liquid storage, hazardous material storage and use, open-flame and open-burning, and burglar bars at State-regulated mobilehome and special occupancy parks within the jurisdiction of the County of Los Angeles Fire Department as 7.1.b Packet Pg. 145 HOA.103903238.11 4 per California Health and Safety Code Sections 18691 and 18873.5. SECTION 6. Section 101.2.1 is hereby amended to read as follows: 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Only Appendix B, Appendix BB, Appendix C, Appendix CC, and Appendix H, from the 2022 California Fire Code have been incorporated into this code. This code also adopts Appendix O, Appendix PP, Appendix QQ, and Appendix RR. SECTION 7. Section 101.3 is hereby amended to read as follows: 101.3 Purpose. The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations. Consistent with this purpose, the provisions of this code are intended, and have always been intended, to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person. This code shall not be construed to hold the County, the County of Los Angeles Consolidated Fire Protection District, or any officer, employee, or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or non-issuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or 7.1.b Packet Pg. 146 HOA.103903238.11 5 enforcement of this code. By adopting the provisions of this code, the County, any district member city, or the County of Los Angeles Consolidated Fire Protection District, does not intend to impose on itself, its employees, or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages. This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous code adoptions. SECTION 8. Section 101.6 is hereby added to read as follows: 101.6 Amendments. When reference is made to a portion of this code or other applicable laws or ordinances, the reference applies to all amendments and additions now or hereafter made. Where there is a conflict between amendments, unless otherwise expressly noted, the most recent amendment shall apply. SECTION 9. Section 101.7 is hereby added to read as follows: 101.7 California Fire Code errata and supplements. When the California Building Standards Commission approves and publishes errata or supplements to the California Fire Code, Title 24, Part 9, any change made that affects the requirement or meaning of any amendment found in this ordinance shall not necessarily void or alter the requirement of that amendment. The fire code official shall render the interpretation and intent of the amendment with the new language of the errata or supplement as per Section 104.1. 7.1.b Packet Pg. 147 HOA.103903238.11 6 SECTION 10. Section 102.5 is hereby amended to read as follows: 102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows: 1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Provisions of this code pertaining to the interior of the structure shall apply when specifically required by this code including, but not limited to, Section 903.2.11.7. Requirements pertaining to disconnects, shutoffs, and identification of utility and similar hazards shall apply in all cases unless expressly stated otherwise. Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code shall apply. 2. Administrative, operational, and maintenance provisions of this code shall apply. SECTION 11. Section 103.1 is hereby amended to read as follows: 103.1 Creation of agency County of Los Angeles Fire Department. The [INSERT NAME OF DEPARTMENT] is hereby created and the official in charge thereofFire Marshal of the County of Los Angeles Fire Department ("Fire Department"), the Fire Department being the fire authority of the Consolidated Fire 7.1.b Packet Pg. 148 HOA.103903238.11 7 Protection District of Los Angeles County ("District"), shall be known as the fire code official. The function of the agencyFire Department shall beis charged with the implementation, administration and enforcement of the provisions of this code within the jurisdiction of the District. SECTION 12. Section 103.2 is hereby amended to read as follows: 103.2 AppointmentFire Marshal. The fire code official shall be appointed by the chief appointing authority of the jurisdiction.The Fire Chief shall appoint a chief officer to the position of Fire Marshal. SECTION 13. Section 103.2.1 is hereby added to read as follows: 103.2.1 Health Hazardous Materials Division and Forestry Division staff. The provisions of this code may be enforced by any duly authorized member of the Health Hazardous Materials Division or the Forestry Division of the Fire Department. SECTION 14. Section 103.2.2 is hereby added to read as follows: 103.2.2 Enforcement by Commissioner. The provisions of Section 325 of this code may be enforced by the Agricultural Commissioner of the County of Los Angeles. SECTION 15. Section 104.1 is hereby amended to read as follows: 104.1 General. The fire code official is hereby authorized to enforce the provisions of this code. The fire code official shall have the authority to render interpretations of this code and to adopt policies, procedures, rules and regulations in order to implement its provisions or to clarify the application of its provisions. Such interpretations, policies, procedures, 7.1.b Packet Pg. 149 HOA.103903238.11 8 rules and regulations shall be in complianceconsistent with the intent and purpose of this code. Such policies, procedures, rules and regulations shall not have the effect of waiving requirements specifically provided for in this code. A copy of such interpretations, rules, and regulations shall be filed with the Executive Office of the Board of Supervisors and shall be in effect immediately thereafter. SECTION 16. Section 104.1.1 is hereby added to read as follows: 104.1.1 Enforcement authority. Under the Fire Chief's direction, members of the Fire Department are authorized to enforce all ordinances of the jurisdiction and the laws of the State pertaining to: 1. The prevention of fires. 2. The suppression or extinguishment of dangerous or hazardous fires. 3. The storage, use, and handling of hazardous materials. 4. The installation and maintenance of automatic, manual, and other private fire alarm systems and fire-extinguishing equipment. 5. The maintenance and regulation of fire escapes. 6. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures, and other property, including those under construction. 7. The maintenance of means of egress. 8. The investigation of the cause, origin, and circumstances of fire and unauthorized releases of hazardous materials. 9. Brush clearance. 7.1.b Packet Pg. 150 HOA.103903238.11 9 10. All other matters within the scope of this code. Note: For authority related to control and investigation of emergency scenes, see Section 104.11. SECTION 17. Section 104.5.1 is hereby added to read as follows: 104.5.1 Fire and law enforcement personnel. The fire code official and designated representatives of the fire code official may issue citations for violations of this code, of the regulations authorized by this code, and of the standards as set forth in Chapter 82 of this code. When requested to do so by the fire code official, the chief of any law enforcement agency is authorized to assign such available law enforcement officers as necessary to assist the Fire Department in enforcing the provisions of this code. SECTION 18. Section 104.7 is hereby amended to read as follows: 104.7 Liability. The fire code official, member of the board of appealsfire code appeals review panel, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. 7.1.b Packet Pg. 151 HOA.103903238.11 10 SECTION 19. Section 104.10 is hereby amended to read as follows: 104.10 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the fire code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Requests for approval to use an alternate material, assembly of materials, equipment, method of construction, method of installation of equipment or means of protection shall be made in writing to the Fire Marshal by the owner or the owner's authorized representative and shall be accompanied by a justification that is supported by evidence to substantiate any claim being made regarding the requested alternative and its compliance with the intent of this code. The Fire Marshal may require independent tests be performed by an approved testing organization in order to substantiate the proposed alternative. Approval of a request for use of an alternative material, assembly of materials, equipment, method of construction, method of installation of equipment or means of protection made pursuant to these provisions shall be limited to the particular case covered by the request and shall not be construed as establishing any precedent for any future request. Where the alternative material, design or method of construction is 7.1.b Packet Pg. 152 HOA.103903238.11 11 not approved, the fire code official shall respond in writing, stating the reasons why the alternative was not approved. SECTION 20. Section 104.11 is hereby amended to read as follows: 104.11 Fire investigations. The fire code official, the fire department or other responsible authority or authorized personnel shall have the authority to investigate promptly the cause, origin and circumstances of any fire, hazardous material incident, explosion, or other hazardous condition which is of suspicious origin. The investigator is authorized to take immediate charge of all physical evidence relating to the cause of the incident, and to pursue the investigation to its conclusion under the direction of the Fire Chief or an authorized deputy Fire Chief, in cooperation with the appropriate law enforcement agency. Information that could be related to trade secrets or processes shall not be made part of the public record, except as directed by a court of law. SECTION 21. Section 104.12.4 is hereby added to read as follows: 104.12.4 Privately contracted private fire prevention resources. Any privately contracted private fire prevention resource shall focus on prefire treatment activities and pretreatment of values-at-risk and other nonemergency activities, and shall comply with Sections 104.12.4.1 through 104.12.4.5. SECTION 22. Section 104.12.4.1 is hereby added to read as follows: 104.12.4.1 Permit required. A valid operational permit shall be obtained by privately contracted private fire prevention resources. Permits shall be required as set forth in Section 105.5. Privately contracted fire prevention resources shall comply with all State and local requirements. 7.1.b Packet Pg. 153 HOA.103903238.11 12 SECTION 23. Section 104.12.4.2 is hereby added to read as follows: 104.12.4.2 Requirement to obey orders. Any privately contracted private fire prevention resource must obey all regulations, and legal orders, including evacuation orders, given by the incident commander or incident commander's designee within an emergency area. SECTION 24. Section 104.12.4.3 is hereby added to read as follows: 104.12.4.3 Required check in. Upon arriving at the emergency area, any privately contracted private fire prevention resource shall check-in with the incident commander or incident commander's designee. SECTION 25. Section 104.12.4.4 is hereby added to read as follows: 104.12.4.4 Permit display. Each privately contracted private fire prevention resource vehicle must display a copy of the valid privately contracted private fire prevention resources permit in clear view from the exterior of the vehicle. SECTION 26. Section 104.12.4.5 is hereby added to read as follows: 104.12.4.5 Liaison. Privately contracted private fire prevention resources shall have a liaison at the incident command post. SECTION 27. Section 105.1 is hereby amended to read as follows: 105.1 General. Permits shall be in accordance with Sections 105.1.1 through 105.6.2425. 7.1.b Packet Pg. 154 HOA.103903238.11 13 SECTION 28. Section 105.1.1.1 is hereby added to read as follows: 105.1.1.1 Fee schedule. For fee amounts, refer to the currently adopted version of the Fire-Code Fee Schedule, Appendix QQ of this code. SECTION 29. Section 105.5 is hereby amended to read as follows: 105.5 Required operational permits. The fire code official is authorized to issue operational permits for any activities within the scope of this code, the operationsincluding but not limited to those set forth in Sections 105.5.2 through 105.5.5255. SECTION 30. Section 105.5.10 is hereby amended to read as follows: 105.5.10 Covered and open mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid- or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall. 4. The use of a mall as a place of assembly. SECTION 31. Section 105.5.16 is hereby amended to read as follows: 105.5.16 Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosives, explosive materials, fireworks, or pyrotechnic special effects within the scope of Chapter 56 of this code, or when a local permit or approval 7.1.b Packet Pg. 155 HOA.103903238.11 14 from the fire code official is required by the California Code of Regulations, Title 19, Division 1, Chapter 6 – Fireworks, or Chapter 10 – Explosives. See Health and Safety Code Division 11, Part 1, Section 12000, et seq. for additional requirements. Exceptions: 1. Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and in accordance with Section 5606. 2. Small arms ammunition of .75 caliber or less, cartridges for propellant-actuated power devices and cartridges for industrial guns, 20 pounds or less of smokeless powder, five pounds or less of black sporting powder providing such smokeless or black sporting powder is for the hand loading of small arms or small arms ammunition of .75 caliber or less and that it is for personal use and not for resale. 3. The possession, and use of California State Fire Marshal classified safe and sane fireworks as allowed by State law and local ordinance in accordance with California Health and Safety Code Section 12541.1. 4. The possession, and use of California State Fire Marshal classified snap caps or party poppers pyrotechnic devices in accordance with California Code of Regulations, Title 19, Public Safety. 7.1.b Packet Pg. 156 HOA.103903238.11 15 SECTION 32. Section 105.5.18 is hereby amended to read as follows: 105.5.18 Flammable and combustible liquids. An operational permit is required: . . . 6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, including natural gas wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed, or used. See Section 5706.3.9 for oil and natural gas wells. . . . 12. Allow a tank car to remain on a siding at the point of delivery while connected for transfer operations. Transfer operations shall be in accordance with Department of Transportation requirements and this code. SECTION 33. Section 105.5.22 is hereby amended to read as follows: 105.5.22 Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.5.22. In addition, unified program facility permits are required by Chapters 12.50, 12.52, and 12.64 of Title 12, Environmental Protection, of the County Code. 7.1.b Packet Pg. 157 HOA.103903238.11 16 SECTION 34. Section 105.5.24 is hereby amended to read as follows: 105.5.24 High-piled combustible storage. An operational permit is required to use a building or portion thereof with more than 500 square feet (46 m2), including aisles, of high-piled combustible storage. In addition to any of the requirements of Chapter 32 of this code, a letter describing the type and amount of material to be stored and the method of storage, plus a floor plan showing the dimension and location of the stockpiles and aisles shall be submitted with applications for such permits. SECTION 35. Section 105.5.29 is hereby amended to read as follows: 105.5.29 LP-gas. An operational permit is required for: 1. Storage and use of LP-gas. Exceptions: A permit is not required for individual containers with a 500-gallon (1893 L) water capacity or less or multiple container systems having an aggregate quantity not exceeding 500 gallons (1893 L), serving occupancies in Group R-3. a. A permit is not required for an individual nonportable outdoor container with a 500-gallon (1893 L) water capacity or less, or for multiple nonportable outdoor containers or outdoor nonportable container systems having an aggregate quantity not exceeding 500 gallons (1893 L) water capacity serving occupancies in Group R-3 on one premises. 7.1.b Packet Pg. 158 HOA.103903238.11 17 b. A permit is not required for outdoor portable containers of less than 125-gallon (473.2 L) aggregate water capacity on one premises. c. A permit is not required for the storage of LP-gas in Department of Transportation specification cylinders with a maximum water capacity of 2½ pounds (1 kg) used in completely self-contained hand torches and similar applications stored or displayed at a consumer or retail site and the total aggregate capacity of all LP- gas containers does not exceed 200 pounds as allowed per Section 6109.9 of this code. 2. Operation of cargo tankers that transport LP-gas. SECTION 36. Section 105.5.34 is hereby amended to read as follows: 105.5.34 Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be complied with. Exception: RA recreational fires is subject to the provisions of this code, but is exempt from need for a permit provided that all of the following apply: 1. The fire is not located in a wildfire risk area or in a very high, high, or moderate fire hazard severity zone, except where located on private property with consent of the owner; meeting the size 7.1.b Packet Pg. 159 HOA.103903238.11 18 requirements in #2, below; and meeting the requirements of Sections 307.4 through 307.5. 2. The fire conforms to the definition of a "recreational fire", which limits the size of the fire to a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height; limits the combustibles to burning no rubbish; and restricts the purpose of the fire to pleasure, religious, ceremonial, cooking, warmth or similar. For restrictions and requirements for each type of open burning, including but not limited to bonfires and recreational fires, see Section 307. For fires, including a small fire, in wildfire risk areas, see "Activities in wildfire risk areas" permit requirements (Sections 105.5.55.1 and 326.2). SECTION 37. Section 105.5.42 is hereby amended to read as follows: 105.5.42 Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material. See Health and Safety Code Division 11, Part 2, Section 12500, et seq. for additional requirements. For pyrotechnic and special effects used for motion picture, television, and commercial productions, see Section 105.5.54(2). SECTION 38. Section 105.5.46 is hereby amended to read as follows: 105.5.46 Rooftop heliportshelicopter facilities. An operational permit is required for the operation of a rooftop heliporthelicopter facility, including but not limited to one referred to in this code as an Emergency Helicopter Landing Facility (EHLF) for high-rise buildings. See Sections 2007.9 through 2007.11.1. 7.1.b Packet Pg. 160 HOA.103903238.11 19 Issuance of this permit shall be determined at the level of the Fire Marshal, on a case-by-case basis. SECTION 39. Section 105.5.54 is hereby amended to read as follows: 105.5.54 AdditionalFilm and production permits. In addition to the permits required by Section 105.6, the following permits shall be obtained from the Bureau of Fire Prevention Division prior to engaging in the following activities, operations, practices, or functions: 1. Production facilities. To change use or occupancy, or allow the attendance of a live audience, or for wrap parties. 2. Motion picture, television, commercial, and related production filming — Ppyrotechnics and special effects. To use pyrotechnic special effects, open flame, hot work, use of flammable or combustible liquids and gases, dust, welding, and the parking of motor vehicles in any building or location used for the purpose of motion picture, television and commercial production. 3. Live audiences. To install seating arrangements for live audiences in approved production facilities, production studios and sound stages. See Chapter 48. 4. Motion picture, television, commercial, and related production filming. An operational permit is required to conduct motion picture, television, commercials, and related productions outside of an approved production facility. 7.1.b Packet Pg. 161 HOA.103903238.11 20 5. Motion picture, television, commercial, and related production filming — fuel-dispensing trucks and vehicles. An annual operational permit is required to dispense flammable or combustible liquids, liquefied petroleum gases, or compressed natural gas from trucks or vehicles to equipment and vehicles on motion picture, television, and commercial production locations. 6. Commercial still photography production with on-site cast and crew numbering fifteen (15) or more persons. An operational permit is required to take still photographs for commercial purposes outside of an approved production facility and where the on-site cast and crew numbers fifteen (15) or more persons. SECTION 40. Section 105.5.55 is hereby added to read as follows: 105.5.55 Additional required operational permits. The fire code official is authorized to issue permits for any of the following: SECTION 41. Section 105.5.55.1 is hereby added to read as follows: 105.5.55.1 Activities in wildfire risk areas. An operational permit is required for any of the activities as described in Section 326.2 of this code. SECTION 42. Section 105.5.55.2 is hereby added to read as follows: 105.5.55.2 Automobile wrecking yards. See Chapter 81, AUTOMOBILE WRECKING YARDS. 7.1.b Packet Pg. 162 HOA.103903238.11 21 SECTION 43. Section 105.5.55.3 is hereby added to read as follows: 105.5.55.3 Bonfire. An operational permit is required for a bonfire, which is defined in this code as "An outdoor fire utilized for ceremonial purposes," and shall be subject to the requirements of open burning. See "Open burning" permit requirement (Sections 105.5.34 and 307), and "Activities in wildfire risk areas" permit requirements (Section 105.5.55.1 and 326.2). SECTION 44. Section 105.5.55.4 is hereby added to read as follows: 105.5.55.4 Helicopter landing facility. An operational permit is required for nonemergency use of any helicopter landing facility that is intended for emergency use, even if not exclusively; or that is required by the code. See Sections 2007.9 through 2007.11.1. For a "rooftop helicopter facility," see operational permit by that name. SECTION 45. Section 105.5.55.5 is hereby added to read as follows: 105.5.55.5 Mass-gathering event. If attendance is greater than 5,000 people, the event shall be in accordance with Reference No. 842 of the County of Los Angeles Department of Health Services Prehospital Care Manual, and a permit for mass-gathering event shall be required. See Section 403.11.2. SECTION 46. Section 105.5.55.6 is hereby added to read as follows: 105.5.55.6 Model rockets. An operational permit is required to operate a model rocket motor or an experimental high-powered rocket motor as defined in Title 19 California Code of 7.1.b Packet Pg. 163 HOA.103903238.11 22 Regulations, Section 980. See Sections 5611, MODEL ROCKETS, and 5612, EXPERIMENTAL HIGH POWER ROCKETS AND MOTORS. SECTION 47. Section 105.5.55.7 is hereby added to read as follows: 105.5.55.7 Pallet yard. An operational permit is required to store, manufacture, refurbish, or otherwise handle greater than 2,500 cubic feet (71 m3) of combustible plastic or wood pallets in an outdoor yard. SECTION 48. Section 105.5.55.8 is hereby added to read as follows: 105.5.55.8 Parade float. An operational permit is required to use a parade float for public performance, presentation, spectacle, entertainment, or parade. See Section 324, PARADE FLOATS. SECTION 49. Section 105.5.55.9 is hereby added to read as follows: 105.5.55.9 Privately contracted private fire prevention resource. An operational permit is required for any privately contracted resource to conduct private fire prevention activities in an emergency area. Privately contracted fire prevention resources shall comply with all State and local requirements. See Section 104.12.4, Privately contracted fire prevention resources. SECTION 50. Section 105.5.55.10 is hereby added to read as follows: 105.5.55.10 Recreational fire. See "Open burning" permit (Sections 105.5.34 and 307), and "Activities in wildfire risk areas" permit (Sections 105.5.55.1 and 326.2) requirements. 7.1.b Packet Pg. 164 HOA.103903238.11 23 SECTION 51. Section 105.5.55.11 is hereby added to read as follows: 105.5.55.11 Rifle range. An operational permit is required to establish, maintain, or operate a rifle range. See Section 326.2, and Appendix RR, RIFLE RANGE. SECTION 52. Section 105.6 is hereby amended to read as follows: 105.6 Required construction permits. The fire code official is authorized to issue construction permits for work asany activities within the scope of this code, including but not limited to, those set forth in Sections 105.6.1 through 105.6.2425. SECTION 53. Section 105.6.15 is hereby amended to read as follows: 105.6.15 LP-gas. A construction permit is required for installation of, or modification to, an LP-gas system. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit. Also see Section 6101.3. SECTION 54. Section 105.6.25 is hereby added to read as follows: 105.6.25 Additional required construction permits. The fire code official is authorized to issue permits for any of the following: SECTION 55. Section 105.6.25.1 is hereby added to read as follows: 105.6.25.1 Fuel modification plan review. Review and approval by the fire code official is required prior to the installation of landscaping that is required to be fire resistive by this code or by another requirement enforced by the fire code official. See Chapter 49, REQUIREMENTS FOR WILDLAND- URBAN INTERFACE FIRE AREAS. 7.1.b Packet Pg. 165 HOA.103903238.11 24 SECTION 56. Section 105.6.25.2 is hereby added to read as follows: 105.6.25.2 Land development plan review. When required by law or other agencies, review and approval by the fire code official is required prior to final approval of the following applications: tract maps, parcel maps, final maps, planned unit developments, conditional use permits, design overlay reviews, environmental impact reviews, road vacations, zone changes, water plan reviews, and gate design review for land development projects. See Section 328, LAND DEVELOPMENT AND ENVIRONMENTAL REVIEW FEES. SECTION 57. Section 106.2.1 is hereby amended to read as follows: 106.2.1 Information on construction documents. Construction documents shall be drawn to scale on suitable materialsubstantial paper. Documents in a digital format are allowed to be submitted where approved by the fire code official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations as determined by the fire code official. The first sheet of each set of plans shall give the street address of the property, the assessor's parcel number, the name and address of the owner, and persons who prepared the plans. Plans shall also include a plot plan showing the location of the proposed building and of every existing building on the property. 7.1.b Packet Pg. 166 HOA.103903238.11 25 SECTION 58. Section 106.2.4.2 is hereby added to read as follows: 106.2.4.2 Expiration of construction documents approval by fire code official when no building permit issued. A fire code official construction document approval necessary for a building permit to be issued, for which the building official ultimately does not issue a building permit, shall expire one year after the date of approval by the fire code official. Construction documents including plans, specifications, and computations previously submitted may thereafter be returned to the applicant or destroyed by the fire code official. The fire code official may extend the time for action by the applicant for a period of six months beyond the one-year limit upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No construction or plan approval document shall be extended more than twice. Once a construction document approval and any extension thereof has expired, the applicant shall resubmit construction documents including plans, specifications, computations, and payment of plan review fees. Construction document approval for which a building permit has been issued and thereafter expired according to the Building Code shall be null and void. In such circumstances, construction documents including plans, specifications, and computations shall be resubmitted for construction document approval. 7.1.b Packet Pg. 167 HOA.103903238.11 26 SECTION 59. Section 106.4 is hereby amended to read as follows: 106.4 Retention of construction documents. One set of construction documents shall be retained by the fire code official for a period of not less than 18090 days from date of completion of the permitted work, or as required by Section 19850 of the California Health and Safety Code, or other applicable state or local laws. One set of approved construction documents shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. SECTION 60. Section 107.3 is hereby amended to read as follows: 107.3 Permit valuationsReserved. The applicant for a permit shall provide an estimated permit value at the time of application. Permit valuations shall include the total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the fire code official, the valuation is underestimated on the application, the permit shall be denied unless the applicant can show detailed estimates to meet the approval of the fire code official. Final permit valuation shall be set by the fire code official. SECTION 61. Section 107.6.1 is hereby added to read as follows: 107.6.1 Plan review refunds. No portion of the plan review fee shall be refunded, unless no review has been performed on a set of plans, in which case 80 percent of the plan review fee shall be refunded. 7.1.b Packet Pg. 168 HOA.103903238.11 27 SECTION 62. Section 109.7 is hereby added to read as follows: 109.7 Occupant count. When required by the fire code official, the permittee holding a place of assembly operational permit shall use an approved method to maintain an accurate count of the number of occupants present in a place of an assembly room including any accessory areas. If at any time the fire code official determines that an accurate count of occupants is not being maintained by the permittee, the assembly room and accessory areas shall be cleared of occupants until an accurate occupant count can be made. SECTION 63. Section 111.1 is hereby amended to read as follows: 111.1 Board of appeals establishedAppeals process. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. When an applicant seeking an approval from the fire code official disagrees with the decision of the fire code official regarding the conditions, methods of construction, equipment, or operations regulated by this code, the applicant may file a written appeal to the Assistant Fire Chief of the Fire Prevention Division (i.e., the Fire Marshal) pursuant to Section 109.2 of this code. A written appeal must be submitted no later than 30 days after the applicant has notice of the decision being appealed. The Fire Marshal, after considering all the facts presented, including any communication 7.1.b Packet Pg. 169 HOA.103903238.11 28 from the general public regarding the matter appealed, shall provide a written decision responding to the appeal. If the applicant is not satisfied with the decision of the Fire Marshal, the applicant shall, within 10 days of receipt of the Fire Marshal's decision, request in writing that the decision be reviewed by a fire code appeals review panel, a three-person panel consisting of the following individuals: the Deputy Fire Chief of Prevention, the Deputy Fire Chief of Operations, and the jurisdictional Building Official, or equivalent, or designee thereof. The fire code appeals review panel shall transmit its written decision on the appeal to the applicant. The fire code appeals review panel shall be the final authority in the appeals process. SECTION 64. Section 111.2 is hereby amended to read as follows: 111.2 Limitations on authority. An applicationapplicant's forappeal shall be based on a claim that the true intent of this code or the rules legallyregulations adopted thereunder have been incorrectly interpreted, that the provisions of this code do not fullyapply, or that an equivalent or better form of construction iswas proposed by the applicant and was denied by the fire code official. The board shall not have authorityappeals process shall not be used to waive requirements of this code or interpret the administration of this code. For an appeal regarding fuel modification plan requirements, an applicant must use the appeals process as per Section 4906.3.3. SECTION 65. Section 111.3 is hereby amended to read as follows: 111.3 Qualifications. The board offire code appeals review panel shall consist of members who are qualified by experience and training to pass on matters pertaining to hazards of fire, 7.1.b Packet Pg. 170 HOA.103903238.11 29 explosions, hazardous conditions or fire protection systems, and are not employees of the jurisdictionthe Deputy Chief of Prevention, the Deputy Chief of Operations, and the jurisdictional Building Official, or equivalent, or designee thereof. SECTION 66. Section 111.4 is hereby amended to read as follows: 111.4 Administration. The fire code official shall take immediate action in accordance with the decision of the boardfire code appeals review panel. SECTION 67. Section 112.4 is hereby amended to read as follows: 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a [SPECIFY OFFENSE]misdemeanor unless such violation is declared to be an infraction by Chapter 82 of this code, punishable by a fine of not more than [AMOUNT] dollars$1,000 or by imprisonment not exceeding [NUMBER OF DAYS]six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. For the purposes of this section, a forfeiture of bail shall be equivalent to a conviction. SECTION 68. Section 112.4.1 is hereby amended to read as follows: 112.4.1 Abatement of violation. In addition to the imposition of penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, 7.1.b Packet Pg. 171 HOA.103903238.11 30 correct, or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. The owner of any parcel upon which a nuisance is found to exist may, as provided for by State, County, and local law, be liable for all costs of abatement of the nuisance. SECTION 69. Section 112.5 is hereby added to read as follows: 112.5 Responsibility for fire suppression and related costs. Any person: (1) who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by him/her to escape onto any public or private property; (2) other than a mortgagee, who, being in actual possession of a structure, fails or refuses to correct, within the time allotted for correction, despite having the right to do so, a fire hazard prohibited by law, for which a public agency properly has issued a notice of violation respecting the hazard; or (3) including a mortgagee, who, having an obligation under other provisions of law to correct a fire hazard prohibited by law, for which a public agency has properly issued a notice of violation respecting the hazard, fails or refuses to correct the hazard within the time allotted for correction, despite having the right to do so, is liable for the fire suppression costs incurred in fighting the fire, for the cost of providing rescue or emergency medical services, for the cost of investigating and making any reports with respect to the fire, and for the costs relating to accounting for that fire and the collection of any funds pursuant to State or local law, including but not limited to, administrative costs of operating a fire suppression cost recovery program to the fullest extent authorized by law. All of these 7.1.b Packet Pg. 172 HOA.103903238.11 31 costs shall be a charge against that person, shall constitute a debt of that person, and is collectible by the federal, State, County, public, or private agency, incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied. SECTION 70. Section 112.5.1 is hereby added to read as follows: 112.5.1 Responsibility for costs for emergency response related to hazardous substances. All expenses of an emergency response necessary to protect the public from a real and imminent threat to health and safety by a public agency to confine, prevent, or mitigate the release, escape, or burning of hazardous substances are a charge against any person whose negligence causes the incident to the fullest extent authorized by law, if either of the following occurs: 1. Evacuation beyond the property where the incident originates is necessary to prevent loss of life or injury. 2. The incident results in the spread of hazardous substances or fire posing a real and imminent threat to public health and safety beyond the property of origin. Expenses reimbursable to the County or Fire District pursuant to this section are a debt of the person liable therefor, and shall be collectible in the same manner as in the case of an obligation under contract, express or implied. The charge created against the person related to hazardous substances by this section is also a charge against the person's employer if the negligence causing the incident occurs in the course of the person's employment. 7.1.b Packet Pg. 173 HOA.103903238.11 32 SECTION 71. Section 113.1 is hereby amended to read as follows: 113.1 Order. Where the fire code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code, or in a dangerous or unsafe manner, the fire code official is authorized to issue a stop work order. The fire code official is authorized to order the work, the operation, or the use stopped or the evacuation of any premises, building, or vehicle or portion thereof which has or is a condition hazardous to life or property. SECTION 72. Section 113.4 is hereby amended to read as follows: 113.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdictionliable for administrative fines and subject to prosecution as allowed by Title 1, Section 1.25 of the County Code or other applicable laws or regulations. SECTION 73. Section 114.1.1 is hereby amended to read as follows: 114.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, dilapidation, obsolescence, hazardous material contamination, disaster damage, or abandonment as specified in this code shall be deemed an unsafe condition. Unsafe 7.1.b Packet Pg. 174 HOA.103903238.11 33 structures shall be taken down and removed or made safe, as the fire code official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe. SECTION 74. Section 202 is hereby amended to read as follows: 202 GENERAL DEFINITIONS . . . AREA OF FIREFIGHTING OPERATIONS. Those portions of the fire apparatus access road in which the structure's exterior walls face the required fire apparatus access road. The area of firefighting operations also includes the area in between such portions of the fire apparatus roads and the structure. . . . BONFIRE. An outdoor fire utilized for ceremonial purposes. A bonfire is a fire that would otherwise be considered a recreational fire except that it exceeds the size restrictions of a recreational fire, those being a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height. . . . COMMISSIONER. Shall mean the Agricultural Commissioner/Director of Weights and Measures for the County of Los Angeles. . . . CROWD MANAGER. Standby personnel, usually security or usher personnel, who are trained in the proper procedure to exit people from a tent or other place of public assemblage in an orderly and calm fashion in the event of an emergency. . . . 7.1.b Packet Pg. 175 HOA.103903238.11 34 EMERGENCY AREA. The geographical area where the fire code official, exercising authority pursuant to Section 104.11 at the scene of a fire or other emergency involving the protection of life or property, has declared there is an immediate risk to health, life, property, or the environment within that area. . . . EMERGENCY HELICOPTER LANDING FACILITY (EHLF). A clear area at ground level or on the roof of a building capable of accommodating a helicopter engaged in firefighting and/or emergency evacuation operations. . . . FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, private driveway, parking lot lane and access roadway. . . . FIRE- FLOW. See Appendix B, Section B102. FIRE HAZARD SEVERITY ZONES. See Section 4902.1. . . . FIRE WATCH. A temporary measure intended to ensure continuous and systematic surveillance of a premises, building, or portion thereof, by one or more qualified individuals for the sole purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire, alerting the occupants, and notifying the fire department. Also see Section 401.10, Fire watch procedures. . . . 7.1.b Packet Pg. 176 HOA.103903238.11 35 FLOAT. A floating structure normally used as a point of transfer for passengers and goods, or both, for mooring purposes. Not to be confused with "Parade Float" (as in Section 324). FLOATING LUMINARY is a floating airborne device containing open flaming or smoldering material capable of causing ignition to combustibles with which it may come into contact. Floating luminaries may also be referred to as sky lanterns, flying lanterns, sky candles, and wish lanterns. Also see "Sky Lantern." . . . FUEL MODIFICATION. Shall mean any modification or removal of fuels to reduce the likelihood of ignition or the resistance to fire control. . . . GOVERNING BODY. Shall mean the official board or council elected to rule the municipality or other public agency. . . . HAZARDOUS MATERIALS. Those chemicals or substances which are physical hazards or health hazards as defined and classified in this chapter, whether the materials are in usable or waste condition. Hazardous materials mixtures are those substances that contain one percent or more of a hazardous ingredient, or one-tenth of one percent of a carcinogen. This definition includes, but is not limited to, those hazardous wastes, hazardous materials, and extremely hazardous wastes listed in the California Code of Regulations, Title 22, Division 4.5, Chapter 11, Article 5: Section 66261.126 and Appendix X. . . . 7.1.b Packet Pg. 177 HOA.103903238.11 36 HAZARDOUS WASTE. Shall mean a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. HAZARDOUS WASTE CONTROL LAW. Shall mean the State law which implements a cradle-to-grave management system found in the California Health and Safety Code. . . . HEALTH HAZARDOUS MATERIALS DIVISION (HHMD). Shall mean a part of the Consolidated Fire Protection District of Los Angeles County (District) or Los Angeles County Fire Department, Prevention Services Bureau, that is responsible for regulating hazardous materials business plans and chemical inventories, hazardous waste generators, on-site treatment of hazardous waste, risk management plans for responding with hazardous materials squads to emergency incidents involving hazardous materials, supervising cleanup of on-site and containment facilities, and declaring emergency response scenes safe for re-entry. . . . MALIBU–SANTA MONICA MOUNTAIN. See Appendix PP, Section PP103. . . . SAN GABRIEL SOUTHFACE AREA. See Appendix PP, Section PP103. . . . 7.1.b Packet Pg. 178 HOA.103903238.11 37 SPECIAL AMUSEMENT AREA. A special amusement area is any temporary or, permanent, or mobile building or portion thereof that is occupied for amusement, entertainment or educational purposes and is arranged in a manner that: 1. Makes the means of egress path not readily apparent due to visual and audio distractions, or 2. Intentionally confounds identification of the means of egress path, or 3. Otherwise makes the means of egress path not readily available because of the nature of the attraction or mode of conveyance through the special amusement area, building, structure or portion thereof. . . . UNAUTHORIZED DISCHARGE. A release or emission of materials in a manner which does not conform to the provisions of this code or applicable public health and safety regulations. This shall mean any spilling, leaking, releasing, leaching, emptying, dumping, or disposing of a hazardous material/waste into the environment, unless permitted by a regulatory agency. UNIFIED PROGRAM. Consolidates six environmental programs regarding the management of hazardous waste, hazardous materials, and underground storage tanks under one management system. UNIFIED PROGRAM FACILITY PERMIT. A consolidated permit issued pursuant to Section 25284 of the Health and Safety Code and Division 4 of Title 11 of the County Code relating to the underground storage of hazardous materials, 7.1.b Packet Pg. 179 HOA.103903238.11 38 Chapter 12.52 of Title 12 of the County Code relating to the generation or handling of hazardous waste or extremely hazardous waste, Chapter 12.64 of Title 12 of the County Code relating to handling of hazardous materials or acutely hazardous materials, and those city codes or resolutions related to the unified program elements administered by those cities as participating agencies to the Los Angeles County Certified Unified Program Agency. . . . WASTE. A material that has been used or for whatever reason can or will no longer be used for its intended purpose, or has been discarded and not specially excluded by Health and Safety Code, Division 20, Chapter 6.5. WATER UTILITY. An organization that provides water within a geographic service area and the water purveyor is recognized by the County of Los Angeles Fire Department. WATER UTILITY SERVICE AREA. A geographic area in which a water purveyor could provide the required fire flow from approved fire hydrants for firefighting purposes. . . . SECTION 75. Section 301.2 is hereby amended to read as follows: 301.2 Permits. Permits shall be required as set forth in Section 105.5 for the activities or uses regulated by Sections 306, 307, 308, 315, 320 and 322, 324, 326, and 328. SECTION 76. Section 302.1 is hereby amended to read as follows: 7.1.b Packet Pg. 180 HOA.103903238.11 39 302.1 Definitions. The following terms are defined in Chapter 2: . . . BONFIRE. COMMISSIONER. FIRE HAZARD SEVERITY ZONES. FLOATING LUMINARY. GOVERNING BODY. . . . SECTION 77. Section 304.1.1 is hereby amended to read as follows: 304.1.1 Waste material. Accumulations of wastepaper, wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof; under a ground-mounted photovoltaic array; or in any court, yard, vacant lot, alley, parking lot, or open space,; or beneath a grandstand, bleacher, pier, wharf, manufactured home, recreational vehicle or other similar structure. SECTION 78. Section 304.1.2 is hereby amended to read as follows: 304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in wildland-urban interface areas shall be in accordance with Section 325 and Chapter 49 of this code. 7.1.b Packet Pg. 181 HOA.103903238.11 40 SECTION 79. Section 304.2.1 is hereby added to read as follows: 304.2.1 Removal. Combustible rubbish stored in containers outside of noncombustible vaults or rooms shall be removed from buildings at least once each working day or at intervals specified by the fire code official. The storage or accumulation of combustible waste matter within any building in such a quantity or location as to constitute a fire hazard is prohibited. SECTION 80. Section 307.1 is hereby amended to read as follows: 307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with Sections 307.1.1 through 307.57. SECTION 81. Section 307.2 is hereby amended to read as follows: 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.5 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land on which the fire is to be kindled. A permit shall be obtained from the fire code official in accordance with Section 105.5 prior to kindling a recreational fire where the fuel is not contained as described in Chapter 3 nor limited as defined in Section 202, RECREATIONAL FIRE, to 7.1.b Packet Pg. 182 HOA.103903238.11 41 having a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height, for pleasure, religious, ceremonial, cooking, warmth or similar purposes. SECTION 82. Section 307.2.1 is hereby amended to read as follows: 307.2.1 Authorization. Where required by sState or local law or regulations, open burning shall only be permitted with prior approval from the fire code official, a United States Forest Service Officer having jurisdiction, or the sState or local air and water quality management authority, provided that all conditions specified in the authorization are followed. SECTION 83. Section 307.6 is hereby added to read as follows: 307.6 Open fires. Permits shall be required as set forth in Section 105.6. A person shall not build, light, maintain, or cause or permit to be built, lighted, or maintained, any open outdoor fire or use or cause or permit to be used, any open outdoor fire for any purpose except: 1. When such fire is set or permission for such fire is given in the performance of the official duty of any public officer, and the fire, in the opinion of such public officer, is necessary for: (i) The purpose of the prevention of a fire hazard which cannot be abated by any other means; or (ii) The instruction of public employees in the methods of fighting fire. 7.1.b Packet Pg. 183 HOA.103903238.11 42 2. When such fire is set pursuant to permit on property used for industrial or institutional purposes for the purpose of instruction of employees in methods of fighting fire. 3. When such fire is set in the course of any agricultural operation in the growing of crops or raising of fowl or animals. 4. On a public beach area owned, managed, or controlled by the County, otherwise permitted by this code. 5. In a County-owned park or recreation camp as otherwise permitted by this code. 6. Bonfires permitted by the fire code official. 7. For cooking, recreational, or ceremonial fires on private property with a maximum fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height, in locations outside of wildfire risk areas. SECTION 84. Section 307.7 is hereby added to read as follows: 307.7 Designated open fire areas. The fire code official is authorized to designate places on private property, with the permission of the owner thereof, or upon any public road, or within any public park, or upon any public land, where open fires may be built. The fire code official may place or cause to be placed uniform signs or posters on or at such premises indicating the place or limits where such fires may be built and maintained without further permission; however, it shall be unlawful to leave, or cause or permit to be left unattended, any fire burning in such place. 7.1.b Packet Pg. 184 HOA.103903238.11 43 SECTION 85. Section 308.1.4 is hereby amended to read as follows: 308.1.4 Open-flame cooking devicesReserved. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings. 2. Where buildings, balconies and decks are protected by an automatic sprinkler system. 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 21/2 pounds [nominal 1 pound (0.454 kg) LP-gas capacity]. SECTION 86. Section 308.1.6.3 is hereby amended to read as follows: 308.1.6.3 Sky lanterns/floating luminaries. A person shall not release or cause to be released an untethered sky lantern. The use or release of a floating luminary is prohibited. Exception: When a permit is issued by the fire code official for use or release of a floating luminary for ceremonial, educational, or research purposes and where safeguards approved by the fire code official are used to prevent unintended ignition of combustibles. Floating luminary use or release shall be allowed only at a specific location and during prescribed weather conditions. 7.1.b Packet Pg. 185 HOA.103903238.11 44 SECTION 87. Section 311.5 is hereby amended to read as follows: 311.5 Placards. When required by the fire code official, Aany vacant or abandoned buildings or structures determined to be unsafe pursuant to Section 111114 of this code relating to structural or interior hazards shall be marked as required by Sections 311.5.1 through 311.5.5. SECTION 88. Section 314.4 is hereby amended to read as follows: 314.4 Vehicles. Liquid-fueled or gaseous-fueled vehicles, aircraft, boats or other motorcraft shall not be located indoors except as follows: 1. The engine starting system is made inoperable or batteries are disconnected except where the fire code official requires that the batteries remain connected to maintain safety features. 2. Fuel in fuel tanks does not exceed one-quarter tank or 5 gallons (19 L) (whichever is least).any of the following: 2.1. Class I, II and III liquid fuel does not exceed one-quarter tank or 5 gallons (19 L), whichever is less. 2.2. LP gas does not exceed one-quarter gallon tank or 6.6 gallons (25 L), whichever is less. 2.3. CNG does not exceed one-quarter tank or 630 cubic feet (17.8 m3), whichever is less. 2.4. Hydrogen does not exceed one-quarter tank or 2000 cubic feet (0.57 m3), whichever is less. 7.1.b Packet Pg. 186 HOA.103903238.11 45 3. Fuel tanks and fill openings are closed and sealed to prevent tampering. 4. Vehicles, aircraft, boats or other motorcraft equipment are not fueled or defueled within the building. 5. The fire code official is authorized to make additional requirements and restrictions, or to deny permission for the display, based upon the hazards inherent with the display, such as but not limited to those associated with the battery technology of the vehicle. SECTION 89. Section 316.6.1 is hereby amended to read as follows: 316.6.1 Structures. Structures shall not be constructed within the utility easement beneath high-voltage transmission lines. Exceptions: Restrooms and unoccupied telecommunications structures of noncombustible construction less than 15 feet (4572 mm) in height provided that they are grounded and bonded in accordance with the Electrical Code, and fully bonded from roof to foundation and connected to the structure's grounding system. Additionally, signs approved by the fire code official, that read "CAUTION – HIGH VOLTAGE LINES OVERHEAD" shall be provided at all entrances leading to the restrooms and unoccupied structures. 7.1.b Packet Pg. 187 HOA.103903238.11 46 SECTION 90. Section 321 is hereby amended to read as follows: 321 ARTIFICIAL COMBUSTIBLE VEGETATIONRESERVED 321.1 Artificial combustible vegetation on roofs and near buildings. Artificial combustible vegetation exceeding 6 feet (1829 mm) in height and permanently installed outdoors within 5 feet (1524 mm) of a building or on the roof of a building shall comply with Section 807.4.1. The placement of artificial combustible vegetation shall also comply with Sections 806.3 and 807.4.2. Exception: Artificial decorative vegetation located more than 30 feet (9144 mm) from the exterior wall of a building. SECTION 91. Section 322.3 is hereby amended to read as follows: 322.3 Fire safety plan. A fire safety plan shall be provided in accordance with Section 403.10.6. In addition, the fire safety plan shall include emergency response actions to be taken upon detection of a fire or possible fire involving lithium-ion or lithium metal battery storage. Where the fire code official finds that the fire safety plan is absent or insufficient, the fire code official shall be authorized to require removal of the batteries and containers from the area or building, and/or fire watch. SECTION 92. Section 322.4.1 is hereby amended to read as follows: 322.4.1 Limited indoor storage in containers. Not more than 15 cubic feet (0.42 m3) of lithium-ion or lithium metal batteries shall be permitted to be stored in containers in accordance with all of the following: 1. Containers shall be open-top and constructed of noncombustible materials or shall be approved for battery collection. 7.1.b Packet Pg. 188 HOA.103903238.11 47 2. Individual containers and groups of containers shall not exceed a capacity of 7.5 cubic feet (0.21 m3). 3. A second container or group of containers shall be separated by not less than 3 feet (914 mm) of open space, or 10 feet (3048 mm) of space that contains combustible materials. 4. Containers shall be located not less than 5 feet (1524 mm) from exits or exit access doors. 5. The fire code official shall have the authority to increase required separation distances and/or require the relocation of the container(s) based upon fire or life hazards associated with the specific occupancy. This may limit or negate the ability for such storage to take place in or at the occupancy. SECTION 93. Section 324 is hereby added to read as follows: 324 PARADE FLOATS 324.1 Permits. An operational permit is required to operate a parade float for a public performance, presentation, spectacle, entertainment, or parade. Permits shall be required as set forth in Section 105.5. 324.2 Decorative material. Decorative material on parade floats shall be noncombustible, be made flame- retardant by application of a California State Fire Marshal–listed treatment, or meet the flame-resistive requirements of the fire code official. 7.1.b Packet Pg. 189 HOA.103903238.11 48 324.3 Fire protection. Motorized parade floats and towing apparatus shall be provided with a minimum 2-A: 10-B: C-rated portable fire extinguisher readily accessible to the operator. SECTION 94. Section 325 is hereby added to read as follows: 325 CLEARANCE OF BRUSH AND VEGETATIVE GROWTH 325.1 Electrical transmission lines. 325.1.1 Support clearance. Any person owning, controlling, operating, or maintaining any electrical transmission or distribution line upon any mountainous, forest-, or brush-covered lands, or land covered with flammable growth shall, at all times, maintain around and adjacent to any pole supporting a switch, fuse, transformer, lightning arrester, or line junction, or dead end, or corner poles, or towers, or other poles or towers at which power company employees are likely to work most frequently, an effective firebreak, consisting of a clearing of not less than 10 feet (3.05 m) in each direction from the outer circumference of such pole or tower provided, however, that this provision shall not be deemed to apply to lines used exclusively as telephone, telegraph, or telegraph messenger call, fire or alarm lines, or other lines classed as communication (Class C) circuits by the Public Utilities Commission of the State of California. Nor shall this provision apply to clearance around poles supporting only secondary electrical distribution lines of 750 volts or less. 325.1.2 Line clearance. Any person owning, controlling, operating, or maintaining any electrical transmission or distribution line upon any mountainous, or forest-, or brush-covered 7.1.b Packet Pg. 190 HOA.103903238.11 49 lands, or lands covered with flammable growth shall maintain a clearance of the respective distances hereinafter in this section specified in all directions between all vegetation and all conductors carrying electrical current. For lines operating at 2,400 volts or more, but less than 72,000 volts, 4 feet (1.22 m); For lines operating at 72,000 volts or more, but less than 110,000 volts, 6 feet (1.83 m); and For lines operating at 110,000 volts or more, 10 feet (3.05 m). TABLE 325.1 VOLTAGE RANGE OF ELECTRICAL CONDUCTOR/LINE CLEARANCE DISTANCE REQUIRED 2,400 volts – 71,999 volts 4 feet (1.22 m) 72,000 volts – 109,999 volts 6 feet (1.83 m) 110,000 volts or more 10 feet (3.05 m) In any case, such distance shall be sufficiently great to furnish the required clearance from the particular wire or conductor at any position, of such wire or conductor at any temperature of 120 degrees Fahrenheit or less. Dead trees; old, decadent, or rotten trees; those weakened by decay or disease; and trees leaning toward the line, which may contact the line from the side or may fall on the line, shall be felled, cut or trimmed so as to remove the hazard. 325.1.3 Self-supporting aerial cable. No clearing to obtain line clearance is required when self-supporting aerial cable is used except that forked trees, leaning trees, and other growth which may fall across the cable and break it shall be removed. 7.1.b Packet Pg. 191 HOA.103903238.11 50 Exception: Nothing contained in this section shall be construed to require any person to maintain any clearing on land where such person does not have the legal right to maintain such clearing, nor shall any provision of this ordinance be construed to require any person to enter upon or to damage property of another without the consent of the owner thereof. For further exceptions, see California Code of Regulations, Title 14, Division 1.5, Chapter 7, Article 4. 325.2 Structures. 325.2.1 Clearances. Any person owning, leasing, controlling, operating, or maintaining any building, structure, or apiary upon or adjoining any mountainous, or forest- or brush-covered land or land covered with flammable growth, and any person owning, leasing, or controlling any land adjacent to such structures, shall at all times maintain defensible space of 100 feet (30.48 m) from each side and from the front and rear of the structure in accordance with Sections 325.2.1.1 through 325.2.1.6. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being used between 5 and 30 feet (1524 and 9144 mm) around the structure, and an ember- resistant zone being required within 5 feet (1524 mm) of the structure, based on regulations promulgated by the State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. The amount of fuel deemed necessary to be removed or modified shall consider the flammability of the structure as affected by building material, building standards, 7.1.b Packet Pg. 192 HOA.103903238.11 51 location, and type of vegetation. Fuels shall be maintained and spaced in a condition so that a wildfire burning under average weather conditions would be unlikely to ignite the structure, as determined by the fire code official. Exceptions: 1. Extra hazard — distance required. The governing body finds that in many cases because of extra hazardous situations, a defensible- space firebreak around buildings, structures, or apiaries of only 100 feet (30.48 m) is not sufficient and that a defensible-space firebreak of more than 100 feet (30.48 m) may be necessary. If the fire code official or Commissioner finds that because of the location of any building, structure, or apiary and because of other conditions, defensible space of 100 feet (30.48 m) around such building, structure, or apiary as required by Section 325.2.1, is not sufficient, the fire code official or Commissioner may notify all owners of the properties affected that they must clear all flammable vegetation and other combustible growth or reduce the amount of fuel content for a distance greater than 100 feet (30.48 m), but not to exceed 200 feet (60.96 m). 2. Limitations. Nothing contained in this section shall be construed to require any person to maintain any clearing on land where such person does not have the legal right to maintain such clearing, nor shall any provision of this ordinance be construed to require any 7.1.b Packet Pg. 193 HOA.103903238.11 52 person to enter upon or to damage property of another without the consent of the owner thereof. 325.2.1.1 Ornamental plants and trees. Ornamental plants and trees known to be flammable — including but not limited to acacia, cedar, cypress, eucalyptus, juniper, pine, and pampas grass — shall not be exempt from compliance with these requirements. Exception: Ornamental plants and trees that are individually planted, spaced and maintained in such a manner that they do not form a means of transmitting fire from native growth to the structure. 325.2.1.2 Plants and cultivated ground cover. The fire code official shall be authorized to exempt the following specimens from these requirements: 1. Cultivated specimens. Cultivated ground cover such as green grass, ivy, succulents, or similar plants, provided that they are maintained in a condition that does not form a means of transmitting fire from native growth to the structure, and that they comply with all other applicable laws, shall be exempt from these requirements. 2. To prevent soil erosion. Where located more than 30 feet (9.14 m) from buildings, structures, or apiaries, grass and other vegetation maintained where necessary to stabilize the soil and prevent erosion, provided that it is maintained at a height of less 7.1.b Packet Pg. 194 HOA.103903238.11 53 than 18 inches (45.72 cm) above the ground, and isolated from other fuels. 325.2.1.3 Dead vegetation. Remove all dead or dying grass, plants, shrubs, trees, branches, leaves, weeds, and pine needles. Maintain any tree and/or shrub adjacent to or overhanging any building, structure, or apiary free of dead wood. Exception: At distances at least 30 or 50 feet (9.14 or 15.24 m), as determined by the fire code official, from buildings, structures, and apiaries, loose surface litter, normally consisting of fallen leaves or needles, twigs, bark, cones, and small branches, shall be permitted to remain, provided that it does not exceed a maximum depth of 6 inches (152 mm). 325.2.1.4 Roof and rain gutters. Maintain the roof and rain gutters of any building, structure or apiary free of leaves, needles, or other dead vegetative growth. 325.2.1.5 Chimneys and stovepipes. That portion of any tree which extends within 10 feet (3.05 m) of the outlet of any chimney or stovepipe shall be removed. 325.2.1.6 Firewood, compost, and similar piles. Place or store firewood, manure, compost, and other similar combustible materials a minimum of 30 feet (9.14 m) from any building, structure, or apiary. All exposed wood piles located within 100 feet (30.48 m) of a building, structure, or apiary 7.1.b Packet Pg. 195 HOA.103903238.11 54 shall maintain a minimum of 10 feet (3.05 m) of clearance, down to bare mineral soil, or equivalent, in all directions of the wood pile. 325.3 Notice to correct. 325.3.1 Contents of notice. A notice to clear all flammable vegetation and other combustible growth for a distance greater than 30 feet (9.14 m) shall be in writing and shall specify the exact distance from the structure that such vegetation and growth must be cleared. 325.3.2 Compliance with findings. Within a reasonable time after receipt of the notice specified in Section 325.3.1, every person owning, leasing, controlling, or operating the building, structure, or apiary involved, and every person owning, leasing, or controlling any land adjacent to such building, structure, or apiary shall at all times maintain around and adjacent to such building, structure, or apiary an effective fire protection or firebreak made by removing and clearing away, for a distance not less than so determined, on each side thereof, all flammable vegetation or other combustible growth, except as otherwise provided in Section 325.2. 325.3.3 Correction by fire code official or Commissioner. Any person who has received notice for having failed to meet any of the requirements specified in Sections 325.2.1, 325.3.2, 325.10, 503.2.1, 3107.18, 6107.2, or 6107.3 and who is unable to comply with the requirements of such notice may request the fire code official or Commissioner to correct the condition or conditions. The fire code official or Commissioner may do so, provided that the person requesting such assistance agrees to pay the full cost thereof. 7.1.b Packet Pg. 196 HOA.103903238.11 55 325.3.4 Notice of failure to correct. In the event any of the conditions prohibited by Sections 325.2.1, 325.3.2, 325.10, 503.2.1, 3107.18, 6107.2, or 6107.3 exist, the governing body may instruct the fire code official or Commissioner to give notice to the owner of the property upon which such condition exists, to correct such prohibited condition, and if the owner fails to correct such condition, the governing body may cause the same to be done and make the expenses of such correction a lien upon the property upon which such condition exists. If it so instructs the fire code official or Commissioner, the governing body shall designate the time and place of a hearing either before itself or before a referee appointed by it, and shall notify the fire code official of its action. 325.3.5 Mailing notice. Upon receipt of a notice from the governing body of the time and place of hearing, and not less than 10 days before such hearing, the fire code official or Commissioner shall mail a notice to the owners of the property, as their names and addresses appear from the last equalized assessment roll, or as they are known to the clerk of the governing body on which a firebreak is not maintained as required by Sections 325.2.1, 325.3.2, 325.10, 503.2.1, 3107.18, or 6107.3 in substantially the following form: NOTICE TO DESTROY WEEDS, BRUSH, AND RUBBISH Notice is hereby given that on the ___ day of (month) _____, the governing body of (municipality) ________ passed a resolution declaring the noxious or dangerous weeds, sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property, were 7.1.b Packet Pg. 197 HOA.103903238.11 56 growing and that there existed dry grass, stubble brush, litter, or other flammable material which endangers the public safety by creating a fire hazard upon or in front of the property on certain streets in said municipality, and more particularly described in said resolution, and that same constitutes a public nuisance which must be abated by the removal of said noxious or dangerous weeds, brush, litter, or other flammable material, otherwise they will be removed and the nuisance will be abated by the municipal authorities, in which case the cost of such removal shall be assessed upon the lots and lands from which, or in front of which, such materials are moved, and such cost will constitute a lien upon such lots or lands until paid. Reference is hereby made to said resolution for further particulars. All property owners having any objections to the proposed removal of such materials are hereby notified to attend a meeting of the governing body of said municipality, to be held at _____a.m. o'clock, on the ___ day of (month) __________, when their objections will be heard and given due consideration. Dated this _____ day of (month) ______. (name) (department) (municipality) 325.3.6 Posting of notice. As an alternative to mailing, a notice in the form required in Section 325.3.5 shall be posted conspicuously in front of the property on which vegetation which must be removed exists, or if the property has no frontage upon any highway or road, then upon that portion of the property nearest to a highway or road, or most likely to give actual 7.1.b Packet Pg. 198 HOA.103903238.11 57 notice to the owner. The notices shall be posted not more than 100 feet (30.48 m) in distance apart, but at least one notice shall be posted on each lot or parcel of land. 325.3.7 Publication of notice. The clerk of the governing body shall publish notice of the hearing once in a newspaper of general circulation printed and published in the County, not less than 10 days prior to the date of the hearing, when notice is given by means other than that prescribed in Section 325.3.4. 325.4 Hearing of protests. 325.4.1 Appointment of referee. The governing body may appoint a referee to hear protests pursuant to this section. If the governing body appoints an officer or employee of the municipality as referee, the referee shall serve without any additional compensation, but all time spent as referee shall be deemed and counted as time spent in performing the duties of the compensated position. 325.4.2 Hearing objections. At the same time stated in the notices, the governing body or referee shall hear and consider all objections and protests, if any, to the proposed removal of vegetation, and may continue the hearing from time to time. 325.4.3 Report of referee. If the hearing is before a referee, upon the conclusion of the hearing, the referee shall report to the governing body findings and recommendations as to what objections, if any, should be allowed and what objections, if any, should be overruled. 7.1.b Packet Pg. 199 HOA.103903238.11 58 325.4.4 Decision by board. Upon the conclusion of the hearing before itself, or upon receipt of the report of the referee, the governing body shall allow or overrule all objections, whereupon the governing body shall acquire jurisdiction to proceed and perform the work by removal. The decision of the governing body on the matter is final, except as provided in Sections 14920 and 14921 of the California Health and Safety Code. 325.4.5 Order for abatement. After final action is taken by the governing body on the disposition of any protests or objections, or in case no protest or objections are received, the said governing body shall order the fire code official or Commissioner to remove the dangerous vegetation. 325.5 Right of entry upon private property. The fire code official or Commissioner, or their assistants, deputies, employees, or contracting agents, or other representatives may enter upon private property for the purpose of inspecting and/or removing vegetation pursuant to Sections 104.3 and 104.3.1 of this code, or California Health and Safety Code, Section 14900 et seq. 325.6 Removal before arrival of fire code official or Commissioner. Any property owner may have the vegetation removed at the owner's expense, if it is done prior to the arrival of the fire code official or Commissioner or their representatives. 325.7 Record and report of cost. The fire code official or Commissioner shall keep an account of the cost of removing the vegetation from each separate parcel of land and shall render an itemized 7.1.b Packet Pg. 200 HOA.103903238.11 59 report in writing to the governing body showing the cost of removing the vegetation from each separate lot or parcel of land. 325.7.1 Posting copy of report. Before the report is submitted to the governing body or referee, a copy shall be posted for at least three days on or near the chamber door of the governing body with a notice of the time when the report will be submitted to the governing body or referee for hearing on confirmation. 325.7.2 Hearing on report. At the time fixed for receiving and considering the report, the governing body or the referee shall hear it and any objections of any of the property owners liable to be assessed for the work of clearing vegetation. 325.7.3 Report of referee. If the hearing is before a referee, upon the conclusion of the hearing, the referee shall report to the governing body findings and recommendations as to what modifications, if any, should be made in the report. 325.7.4 Modification and confirmation of the report. Upon the conclusion of the hearing on the report before itself, or upon receipt of the report of the referee, the governing body may make such modifications in the report of the fire code official or Commissioner as it deems necessary, after which, by order or resolution, the report shall be confirmed. 325.7.5 Costs of removal. The amounts for the cost for removing the vegetation upon the various parcels of land mentioned in the report of the fire code official or Commissioner, as confirmed, 7.1.b Packet Pg. 201 HOA.103903238.11 60 shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of the respective assessments. 325.7.6 Collection of expenses. The expenses of removing vegetation shall be collected, and assessments shall be canceled or refunded as provided in Article 3 of Chapter 4 of Part 5 of Division 12 of the California Health and Safety Code, the provisions of which article are incorporated herein as if set forth herein in full. 325.8 Joint proceedings. All of the proceedings provided for in this article may be combined with and performed in conjunction with proceedings for the abatement of noxious weeds pursuant to Part 5 of Division 12 of the California Health and Safety Code. 325.9 Prosecution. A person who violates Sections 325.2.1, 325.3.2, 325.10, 503.2.1, 3107.18, 6107.2, or 6107.3 may be prosecuted and punished whether proceedings pursuant to Sections 325.3 – 325.8, inclusive, have been had or not. Proceedings pursuant to Sections 325.3 – 325.8, inclusive, are not a condition precedent to prosecution for violation of Sections 325.2.1, 325.3.2, 325.10, 503.2.1, 3107.18, 6107.2, or 6107.3. 325.10 Roadway clearance. The fire code official or Commissioner may require removal and clearance of all flammable vegetation or other combustible growth for a minimum of 10 feet (3.05 m) on each side of every roadway, whether public or private. The fire code official or Commissioner may enter upon private property to inspect, remove, and clear vegetation and growth as required by this section and may charge the responsible party for the 7.1.b Packet Pg. 202 HOA.103903238.11 61 cost of such action. This section shall not apply to single specimens of trees, ornamental shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground cover, provided that they do not form a means of readily transmitting fire. As used in this section, "roadway" means that portion of a highway or private street improved, designed, or ordinarily used for vehicular travel. The minimum clearance of 10 feet (3.05 m) may be increased, if the fire code official determines additional distance is required to provide reasonable fire safety. SECTION 95. Section 326 is hereby added to read as follows: 326 ACTIVITIES IN WILDFIRE RISK AREAS 326.1 Intent. Due to conditions tending to cause or allow the rapid spread of fires which may occur on grass-, grain-, brush-, or forest-covered land in certain hazardous fire portions of the jurisdictional area, or because of the inaccessible character of such lands, the unrestricted use of such lands creates a potential menace to life and property from fire. Therefore, it is the intent of this section to provide necessary safeguards to prevent the occurrence of fires and to control the spread of fires which might be caused by recreational, commercial, industrial, or other activities carried on in any wildfire risk area. 326.2 Permit required. Permits shall be required as set forth in Sections 105.5 and 105.6. No person shall establish or conduct any of the following or similar activities in a wildfire risk area without first securing a permit: 7.1.b Packet Pg. 203 HOA.103903238.11 62 1. Recreational activities including, but not limited to, rifle ranges, carnivals and fairs, public assembly events, fireworks, overnight camping, and open burning. 2. Temporary or permanent activities including, but not limited to, stands for cooking or other activities which could provide a source of ignition. 326.3 Permit request. A request for an issuance of a permit for any such activity shall be made to the fire code official not less than 15 days prior to the starting date of such activity. 326.4 Fire protection survey. Upon receiving a request for issuance of a permit, the fire code official shall survey the buildings, premises, and facilities proposed for such use prior to issuance of the permit to determine the fire protection equipment and safeguards necessary to conduct such activity without unduly increasing the potential fire hazard to the area. 326.5 Notification. The applicant shall be notified by the fire code official of the facilities and fire protection safeguards necessary, and a permit shall be contingent upon the provision of all such facilities and safeguards. 326.6 Permit stipulations. The permit shall stipulate the conditions, precautions, limitations, and safeguards necessary to conduct the identified activity with a reasonable degree of fire safety, and failure to comply with any condition, precaution, limitation, or safeguard stipulated shall be cause for immediate revocation of the permit and cessation of the activity. 7.1.b Packet Pg. 204 HOA.103903238.11 63 326.7 Fire protection facilities required. Fire protection facilities required and conditions or limitations necessary to maintain reasonable fire safety may include, but are not limited to, the following: 1. Adequate water supply, pumps, hydrants, and hoses. 2. Firebreaks as necessary to prevent a fire on the premises from spreading to adjacent brush or grass-covered areas. 3. Posting of "NO SMOKING" signs. 4. Removal of dry grass and weeds from around buildings, along roadways and automobile parking areas, and other areas accessible to the public or participants of the activity. 5. Provision of approved, competent fire safety officers or advisors to act as fire guards or fire watchers to patrol the area when such activity is taking place. Also see Section 3107.17. 6. Provision of adequate access roads and parking facilities to prevent congestion of public roads, to permit adequate means of egress for evacuation of the public or participants in event of emergency, and to permit movement of fire apparatus and equipment. 7. Restriction or prohibition of activities during periods of high-fire- hazard weather conditions. 8. Such fencing as is necessary to control the activity. 9. Such other conditions, limitations, or provisions necessary to maintain reasonable fire safety. 7.1.b Packet Pg. 205 HOA.103903238.11 64 326.8 Restricted entry on national forest land. A person shall not enter or be on any lands within the boundaries of the National Forest within Los Angeles County which have been closed to entry by the U.S. Forest Service, except by a valid special entry permit issued by a U.S. Forest Service official. 326.9 Closure of public or private lands. Any portion of public or private lands in any wildfire risk area may be closed to the public by the fire code official at the request of the owners of such public or private lands, when in the opinion of the fire code official such closure is necessary for the prevention of fires. Notice of such closure shall be made by the fire code official by public announcement, and such closure shall be in effect until, in the opinion of the fire code official, such closure is no longer necessary for the protection of property against fire and such closure is lifted by public announcement. 326.10 Restricted entry on closed lands. A person shall not enter or be upon any public or private lands closed to the public by the fire code official during the period such closure is in effect, except that the closure of private lands shall not prohibit the use or entry upon such lands by the owner, owner's guests, or invitees, provided that such guests or invitees have written permission from the owner of such lands to enter upon the same. Such written permit shall be presented upon the demand of any public officer when such person is within any closed area. 326.11 Posting of lands closed to entry. Lands closed to entry shall be posted by the fire protection agency having jurisdiction. 7.1.b Packet Pg. 206 HOA.103903238.11 65 326.12 Spark arresters required. 326.12.1 Equipment. No person shall use or operate in, upon, or within any wildfire risk area, any tractor, construction equipment, engine, or machinery, or any steam, oil, or gasoline-operated stationary or mobile equipment, from which a spark or fire may originate, unless such equipment is provided with a qualified device or spark arrester installed in or attached to the exhaust pipe which will prevent the escape of fire or sparks. Said qualified device or spark arrester shall meet the requirements of the current version of the United States Forest Service "Standard for Spark Arresters for Internal Combustion Engines" (Standard 5100-1). For the purpose of this section, any registered motor vehicle operated on a road or highway and which is equipped with a muffler in good condition, as required by the California Vehicle Code, shall be deemed to be in compliance with this section. 326.12.2 Chimneys. Each chimney used in conjunction with any fireplace, barbecue, or incinerator, or any heating appliance in which solid or liquid fuel is used, upon any building, structure, or premises located within any wildfire risk area, shall be maintained with a spark arrester constructed with heavy wire mesh or other noncombustible material with openings not to exceed 1/2 inch (12.7 mm). 326.13 Open flame device. No person shall operate or use any device, machine, or process such as a welding torch, tar pot, decorative torch, or any other device liable to start or cause fire in or upon any wildfire risk area, except by the authority of a written permit from the fire 7.1.b Packet Pg. 207 HOA.103903238.11 66 code official. However, no permit will be required if such use is within inhabited premises or a designated camp site, and such use is a minimum of 30 feet from any grass-, grain-, brush-, or forest-covered lands. 326.14 Roadway clearance. Clearance of brush or vegetative growth from roadways shall be in accordance with Section 325.10 and 503.2.1 of this code. Exception: If the fire code official determines in any specific case that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with the provisions of this code undesirable or impractical, the fire code official may suspend enforcement thereof and require reasonable alternative measures. 326.15 Illegal dumping. No person shall place, deposit, or dump any garbage, cans, bottles, papers, ashes, refuse, trash, rubbish, or combustible waste materials in or upon any wildfire risk area. No person shall dump such materials in, upon, or along any trail, roadway, or highway in any wildfire risk area. Dumping in areas approved by the fire department for this use shall not be deemed to be in violation of this section. This section may be enforced by the Commissioner. 326.16 Disposal of ashes. No person shall place, deposit, or dump any ashes or coals in or upon any wildfire risk area except in the hearth of an established fire pit, camp stove, or fireplace; in a noncombustible container with a tight-fitting lid; or where such ashes or coals are buried and covered with one foot of mineral earth not less than 25 feet (7620 mm) from 7.1.b Packet Pg. 208 HOA.103903238.11 67 any combustible vegetation or structure. When any such fire pit, camp stove, fireplace, or noncombustible container is used for this purpose, it shall be kept or maintained in a safe location not less than 10 feet from any combustible vegetation or structure. 326.17 Fire roads and firebreaks. 1. No person, except public officers acting within the scope of their duties, shall travel upon or drive or park any motorcycle, motor scooter, or motor vehicle upon any fire road or firebreak beyond the point where travel is restricted by a cable, gate, or sign, without the permission of the property owner or owners involved. 2. No person shall park any vehicle so as to obstruct the entrance to any fire road or firebreak. 3. No person shall install or maintain a radio or television aerial, or guy wire thereto, or any other obstruction on any fire road or firebreak, which is less than 16 feet above such fire road or firebreak. 326.18 Use of motorcycle, motor scooter, and motor vehicles. No person shall operate any motorcycle, motor scooter, or motor vehicle, except upon clearly established public or private roads, within any wildfire risk area without first having secured a permit to do so from the fire code official. No such permit shall be issued unless written permission from the property owner is first presented. 326.19 Hazardous warning lights. It shall be unlawful to maintain any torch or lantern utilizing an open flame along any excavation, any road, or any place where the dislodgment of such torch or lantern 7.1.b Packet Pg. 209 HOA.103903238.11 68 might permit same to roll, fall, or slide on to any forest- or brush-covered land, or any land containing flammable material. Also see Sections 305 and 308. SECTION 96. Section 327 is hereby added to read as follows: 327 ADMINISTRATIVE FINES FOR VIOLATION OF REQUIRED CLEARANCE 327.1 Administrative fine—imposition. Improved parcels found to be in violation of Sections 325.2.1, 325.10, 503.2.1, 3107.18, or 6107.3 of this code relating to clearance of brush and combustible growth, roadway clearance, and vertical clearance on fire access roads, shall be subject to an administrative fine, noncompliance fee, and/or possible liens as allowed by the provisions of Title 1, Chapter 1.25 of the County Code. 327.2 Administrative fine—enforcement. An administrative fine will be imposed and enforced upon failure of the responsible party to comply with written abatement instructions and timeframes contained on the Official Inspection Report Form (County of Los Angeles Fire Department FORM 410, all versions) issued by the Fire Department. 327.3 Declared parcel. A declared parcel is a parcel which contains noxious weeds and other flammable vegetation that are a fire hazard and which constitutes a public nuisance which must be abated as declared in an annual resolution of the Board of Supervisors. An owner of a declared parcel will be mailed a declaration card specifying the abatement actions required of the owner. The declaration card constitutes the first official notice to the owner. 7.1.b Packet Pg. 210 HOA.103903238.11 69 327.3.1 Declared parcel inspection—notice of violations. A physical inspection of the declared parcel is conducted by the fire department to determine compliance with the declaration card. After the physical inspection, if the fire department determines that the owner has not complied with the declaration card, then such noncompliance constitutes the first violation of the fire code. The owner will be given notice of such first violation of the fire code. This notice constitutes the second official notice to the owner. The second official notice shall also inform the owner that an administrative fine and abatement enforcement fee as approved in the Fire-Code Fee Schedule (Appendix QQ of this code) may be imposed on the declared parcel if not properly cleared. An owner's failure to comply with the second official notice constitutes the second violation of the fire code. 327.4 Undeclared parcel. An undeclared parcel is a parcel not contained in the annual resolution of the Board of Supervisors described in Section 327.3. 327.4.1 Undeclared parcel inspection—notice of violations. After a physical inspection, if the fire department determines that an undeclared parcel is not in compliance with the fire code, the owner will be given notice of such violation of the fire code. This notice of violation constitutes the first official notice. An owner's failure to comply with the first official notice constitutes the first violation of the fire code. After a first violation, a physical inspection of an undeclared parcel will be conducted by the fire department to determine compliance with the fire code. After the physical inspection, if the fire department determines that an undeclared parcel is not in 7.1.b Packet Pg. 211 HOA.103903238.11 70 compliance with the fire code, the owner will be given notice of the second violation of the fire code. This notice constitutes the second official notice to the owner. This second official notice shall also inform the owner that an administrative fine may be imposed on an undeclared parcel if not cleared. An owner's failure to comply with the second notice constitutes the second violation of the fire code. 327.5 Administrative fine—amount. The administrative fine for a first violation as described in Section 327.3.1 or 327.4.1 is $0. The administrative fine for a second violation as described in Section 327.3.1 or 327.4.1 is $500. 327.6 Administrative fine—collection. The administrative fine will be collected by the fire department through direct invoice. The fire department shall notify the owner of the imposition and amount of the administrative fine. 327.7 Administrative fine—administrative review and appeal. The imposition of an administrative fine may be appealed in writing utilizing the request-for-administrative-hearing form provided with the administrative fine invoice. The request-for-administrative-hearing form must be filed with the brush clearance section manager of the fire department within 10 calendar days following the service of the notice of administrative fine. Upon conclusion of the administrative hearing, the hearing officer shall issue a written decision within 10 calendar days. The hearing officer's written decision shall constitute the final administrative decision of the County. 7.1.b Packet Pg. 212 HOA.103903238.11 71 Any person contesting the final administrative order or decision of the Fire Department may seek further review pursuant to Section 53069.4 of the California Government Code. Any administrative penalty imposed shall be cancelled or refunded as provided in Sections 14920–14921 of the California Health and Safety Code, or any successor statute of similar import. 327.8 Creation of lien for unpaid administrative fines. Pursuant to Title 1, Chapter 1.25 of the County Code, the amount of the unpaid administrative fines shall become a lien on the real property that is in violation of this chapter. SECTION 97. Section 328 is hereby added to read as follows: 328 LAND DEVELOPMENT AND ENVIRONMENTAL REVIEW FEES SECTION 98. Section 328.1 is hereby added to read as follows: 328.1 Applicability. This section is applicable to all unincorporated portions of Los Angeles County, to all incorporated areas that are a part of the Consolidated Fire Protection District of Los Angeles County, and to all cities that contract with the Consolidated Fire Protection District of Los Angeles County for services and adopt Section 328 as part of their fire code. The applicable fees described herein shall be collected as a condition of approval for any land development project(s), environmental documents, or permit review(s) referred or submitted to the fire department for review. Permits shall be required as set forth in Section 105.6. 7.1.b Packet Pg. 213 HOA.103903238.11 72 SECTION 99. Section 328.2 is hereby added to read as follows: 328.2 Subdivision reviews by the Land Development Unit (LDU). A fee shall be payable to the fire department upon the submittal of any subdivision map for the review and approval by the Land Development Unit (LDU), or equivalent, of the fire department. The amount of the fee shall be as stipulated in the version of the approved Fire-Code Fee Schedule (Appendix QQ of this code) of the Consolidated Fire Protection District of Los Angeles County that is in effect at the time of the submittal in question. SECTION 100. Section 328.3 is hereby added to read as follows: 328.3 Miscellaneous LDU fees. A fee shall be payable to the fire department upon submittal of any of the following requests for review and approval by the fire department. The amount of the fee shall be as stipulated in the version of the approved Fire-Code Fee Schedule (Appendix QQ of this code) of the Consolidated Fire Protection District of Los Angeles County that is in effect at the time of the submittal in question. a. Request for review of a discretionary permit application. Examples include fire department reviews of applications for entitlement permits required by the jurisdictional planning department, such as, but not limited to: design reviews, design overlay reviews (DOR’s), development permit application reviews, "Exhibit ‘A’" reviews, planned urban development (PUD) reviews, and preliminary 7.1.b Packet Pg. 214 HOA.103903238.11 73 reviews. This fee may be required in addition to fees for other reviews requested for the same project. b. Request for review of an application for a coastal development permit (CDP). c. Request for review of a proposed vacation of a public road easement. d. Request to review an application for a lot-line adjustment and/or lot merger. e. Request to review a hydrant water system. f. Request for review of a water system plan. g. Request to review an application for a conditional use permit (CUP). h. Request for review of a revision to a conditional use permit (CUP) application that has previously been approved by the fire department. i. Request for review of an appeal to the water appeals board. j. Request for review of an application for a change of zone. k. Request to review an application for a mobilehome park or special occupancy park, including review of environmental impact reports, new park development or continued use of an existing park. l. Request for review of a grading plan for fire lanes and private driveways only. 7.1.b Packet Pg. 215 HOA.103903238.11 74 m. Request for review of a "Revised Exhibit ‘A’". See LACC, Title 22, Chapter 22.184 of the County Code. n. Request for a grant of waiver. o. "One Stop" advisory counseling/review. SECTION 101. Section 328.4 is hereby added to read as follows: 328.4 Environmental document reviews. Whenever a review for impact on the fire prevention, natural resources, and/or fire resource allocation responsibilities of the fire department is required as part of the environmental review process, fees may be assessed and/or collected in accordance with the version of the approved Fire-Code Fee Schedule (Appendix QQ of this code) of the Consolidated Fire Protection District of Los Angeles County that is in effect at the time of the submittal in question. SECTION 102. Section 328.5 is hereby added to read as follows: 328.5 Oak tree permit review fees. When an oak tree report is referred to the fire department for review, pursuant to Los Angeles County Code (LACC), Title 22, Chapter 22.174, a fee shall be paid to the fire department in accordance with the Fire-Code Fee Schedule (Appendix QQ of this code). SECTION 103. Section 401.10 is hereby added to read as follows: 401.10 Fire watch procedures. Where a fire watch is required by the fire code official, the owner, manager, lessee or person in charge shall provide the number of fire watch personnel that have been required. Fire watch personnel shall comply with Sections 401.10.1 through 7.1.b Packet Pg. 216 HOA.103903238.11 75 401.10.6, the conditions and records of which shall all be subject to review and approval by the fire code official when such review is deemed necessary by the fire code official. 401.10.1 Timeframes. Fire watch personnel shall remain on duty 24 hours a day where required fire protection components are impaired or out of service. Where there is a hazard to the building occupants, fire watch personnel shall remain in place while the building is occupied. Fire watch as directed by the fire code official, shall be continued until such time that the fire code official determines that it is no longer necessary. 401.10.2 Means of notification and communication. Fire watch personnel shall be provided with not less than one means to notify the fire department of a fire or other emergency. If there are more than one individual assigned fire watch duties, they shall have the ability to promptly communicate with each other. 401.10.3 Duties. Fire watch personnel shall fulfill the following duties: 1. The primary duty of fire watch personnel shall be to perform constant patrol in order to watch for fires and other emergency situations, and to make proper notification thereof. 2. Fire watch personnel shall also be looking for obstructed exits and any other hazards. Fire watch personnel shall make the proper notifications necessary in order to remediate any such hazards. Fire watch personnel shall not become involved in any other 7.1.b Packet Pg. 217 HOA.103903238.11 76 operation to the extent that their ability to fulfill their primary patrol and notification duties is delayed or otherwise impaired. 3. If an emergency situation is encountered, fire watch personnel shall: 3.1. Contact the fire department or other appropriate service. 3.2. Ensure the notification of occupants to take appropriate action. Such action may include evacuation of the building, or in certain situations, shelter in place (sometimes known as "lockdown"). If unsure, fire watch personnel shall seek the direction of emergency services. 3.3. Take any other prompt action, in which they are qualified, to mitigate the emergency. 401.10.4 Route of inspection. Fire watch personnel shall develop a written route of inspection through the required fire-watch area. 401.10.5 Log and frequency. The entire fire watch area shall be patrolled once each hour, or at more frequent intervals when directed by the fire code official. An activity log of time and locations of inspection shall be created and maintained. 401.10.6 Training. Fire watch personnel shall have been provided training in the following: 1. Procedures for contacting the fire department in the case of an emergency. 7.1.b Packet Pg. 218 HOA.103903238.11 77 2. The use of fire extinguishers and other available manual firefighting equipment. 3. Methods of notifying and evacuating people from the building or premises. SECTION 104. Section 402.1 is hereby amended to read as follows: 402.1 Definitions. The following terms are defined in Chapter 2: CROWD MANAGER. EMERGENCY EVACUATION DRILL. FIRE WATCH. LOCKDOWN. SECTION 105. Section 403.7.3 is hereby amended to read as follows: 403.7.3 Group I-3 occupancies. Group I-3 occupancies shall comply with Sections 403.7.3.1 through 403.7.3.67. SECTION 106. Section 403.7.3.7 is hereby added to read as follows: 403.7.3.7 Emergency plan. Additional information provided in emergency plans shall include procedures for use of alarms, notification of occupants and emergency responders in the event of alarm system malfunctions, isolating the fire, evacuating each fire area and the building, and relocating nonambulatory persons. Copies of the plan shall be given to all supervisory personnel, and a copy shall be available on the premises to all personnel at all times. 7.1.b Packet Pg. 219 HOA.103903238.11 78 SECTION 107. Section 403.11 is hereby amended to read as follows: 403.11 Special requirements for public safety. Special requirements for public safety shall be in accordance with Sections 403.11.1 through 403.11.3.34. SECTION 108. Section 403.11.1 is hereby amended to read as follows: 403.11.1 Fire watch personnel. Where, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall provide one or more fire watch personnel, as required and approved. Fire watch personnel shall comply with Sections 403.11.1.1 and, 403.11.1.2, and 401.10. SECTION 109. Section 403.11.2 is hereby amended to read as follows: 403.11.2 Public safety plan for gatherings. Where the fire code official determines that an indoor or outdoor gathering of persons has an adverse impact on public safety through diminished access to buildings, structures, fire hydrants and fire apparatus access roads or where such gatherings adversely affect public safety services of any kind, the fire code official shall have the authority to order the development of or prescribe a public safety plan that provides an approved level of public safety and addresses the following items: 1. Emergency vehicle ingress and egress. 2. Fire protection. 3. Emergency egress or escape routes. 7.1.b Packet Pg. 220 HOA.103903238.11 79 4. Emergency medical servicesThe need for emergency medical services and personnel. 5. Public assembly areas. 6. The directing of both attendees and vehicles, including the parking of vehicles. 7. Vendor and food concession distribution. 8. The need for the presence of law enforcement. 9. The need for fire and emergency medical services personnelThe need for the presence of fire department personnel and/or fire safety officer(s). 10. The need for a weather monitoring person. 11. If attendance is greater than 5,000 people, the event shall be in accordance with Reference No. 842 of the County of Los Angeles Department of Health Services Prehospital Care Manual; permit for mass-gathering event shall be required as set forth in Section 105.5. SECTION 110. Section 403.11.3 is hereby amended to read as follows: 403.11.3 Crowd managers. Where facilities or events involve a gathering of more than 5001,000 people, crowd managers shall be provided in accordance with Sections 403.11.3.1 through 403.11.3.3. 7.1.b Packet Pg. 221 HOA.103903238.11 80 SECTION 111. Section 403.11.4 is hereby added to read as follows: 403.11.4 Fire safety officers. When, in the opinion of the fire code official, it is necessary for the preservation of life or property, due to the hazardous nature of an event, production, operation, or function, the fire code official shall require the owner or lessee to employ or cause the employment of one or more approved fire safety officers to be on duty at such place during the hazardous activity. SECTION 112. Section 403.13 is hereby added to read as follows: 403.13 Ground seats. When more than 200 loose chairs are used in close proximity to, and in connection with, a public assemblage event, the chairs shall be fastened together in groups of not less than three. Exceptions: 1. The bonding of chairs shall not be required when tables are provided with the chairs for dining use or similar purposes. 2. The bonding of chairs shall not be required when the placement and location of such chairs will not obstruct any required exit, or any line of egress toward any required exit and will not constitute a fire hazard as approved by the fire code official. SECTION 113. Section 404.2.1 is hereby amended to read as follows: 404.2.1 Fire evacuation plans. Fire evacuation plans shall include the following: 7.1.b Packet Pg. 222 HOA.103903238.11 81 1. Emergency egress or escape routes and whether evacuation of the building is to be complete by selected floors or areas only or with a defend-in-place response. For occupancies and buildings located in wildfire risk areas, the emergency egress and escape routes shall include provisions for transporting employees and occupants to a location that is deemed reasonably safe from wildland fire. . . . SECTION 114. Section 404.2.2 is hereby amended to read as follows: 404.2.2 Fire safety plans. Fire safety plans shall include the following: . . . 4. Floor plans identifying the locations of the following: . . . 4.9. Fire alarm, control panel, and fire alarm annunciators and controls. 4.10. Location of limited access devices, including key boxes and key switches. . . . SECTION 115. Section 404.2.2.1 is hereby added to read as follows: 404.2.2.1 Implementation. In the event a fire is detected in a building or a fire alarm activates, the fire evacuation plan and fire safety plan shall both be implemented. 7.1.b Packet Pg. 223 HOA.103903238.11 82 SECTION 116. Section 405.1 is hereby amended to read as follows: 405.1 General. Emergency evacuation drills complying with Sections 405.3 through 405.1011 shall be conducted not less than annually where fire safety and evacuation plans are required by Section 403 or where required by the fire code official. Lockdown plan drills shall be conducted in accordance with the approved plan. Such drills shall not be substituted for fire and evacuation drills required by Section 405.3. Drills shall be designed in cooperation with the local authorities. SECTION 117. Section 405.11 is hereby added to read as follows: 405.11 Fire drill. In accordance with Table 405.3 of this code, a fire drill shall be conducted by the fire safety director, or designee using the fire alarm system. SECTION 118. Section 502.1 is hereby amended to read as follows: 502.1 Definitions. The following terms are defined in Chapter 2. AGENCY. AREA OF FIREFIGHTING OPERATIONS. FIRE APPARATUS ACCESS ROAD. FIRE COMMAND CENTER. FIRE DEPARTMENT MASTER KEY. FIRE LANE. KEY BOX. TRAFFIC CALMING DEVICES. 7.1.b Packet Pg. 224 HOA.103903238.11 83 WATER UTILITY. WATER UTILITY SERVICE AREA. SECTION 119. Section 503.1.1 is hereby amended to read as follows: 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exceptions: 1. The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where any of the following conditions occur: 1.1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 1.2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 1.3. There are not more than two Group R-3 or Group U occupancies. 7.1.b Packet Pg. 225 HOA.103903238.11 84 2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities and a stand- alone battery energy storage structure. 3. Exterior walls of interior courts that are enclosed on all sides. SECTION 120. Section 503.1.2 is hereby amended to read as follows: 503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. Such additional access must also comply with Title 21 of the Los Angeles County Code, where applicable. SECTION 121. Section 503.2 is hereby amended to read as follows: 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.89. SECTION 122. Section 503.2.1 is hereby amended to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except as specified in Sections 503.2.1.1 through 503.2.1.2.2.2, and for approved security gates in accordance with Section 503.6,. andFire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm)clear to the sky. 7.1.b Packet Pg. 226 HOA.103903238.11 85 Exception: A minimum vertical clearance of 13 feet 6 inches (4115 mm) may be allowed for protected tree species adjacent to access roads. Any applicable tree-trimming permit from the appropriate agency is required. SECTION 123. Section 503.2.1.1 is hereby added to read as follows: 503.2.1.1 Single-lot single-family residential dwellings. Private on-site fire apparatus access roads serving one single-lot single-family residence may be reduced to a minimum width of not less than 15 feet (6096 mm), exclusive of shoulders, when approved by the fire code official. SECTION 124. Section 503.2.1.2 is hereby added to read as follows: 503.2.1.2 Commercial, industrial, and multifamily-residential developments. Fire apparatus access roads for commercial, industrial, and multifamily- residential developments shall be installed and arranged in accordance with Sections 503.2.1.2.1 through 503.2.1.2.2.2. For purposes of this section, the highest roof surface shall be determined by measurement of the vertical distance between the access roadway and the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greatest. SECTION 125. Section 503.2.1.2.1 is hereby added to read as follows: 503.2.1.2.1 Where the highest roof surface does not exceed 30 feet. For buildings where the vertical distance between the access roadway and the highest roof surface does not exceed 30 feet (9144 mm), fire apparatus access roads shall have an unobstructed width of not less than 26 feet (7925 mm), exclusive of shoulders, and an unobstructed clearance of clear to the sky. 7.1.b Packet Pg. 227 HOA.103903238.11 86 Exception: The 26-foot (7925 mm) width may be reduced to not less than 20 feet (6,096 mm), when approved by the fire code official. This exception shall not be applied for a distance of 25 feet (7620 mm) on either side of a hydrant. SECTION 126. Section 503.2.1.2.2 is hereby added to read as follows: 503.2.1.2.2 Where the highest roof surface exceeds 30 feet. For buildings where the vertical distance between the access roadway and the highest roof surface exceeds 30 feet (9144 mm), an approved fire apparatus access roadway with a minimum width of 28 feet (8535 mm), exclusive of shoulders, shall be provided in the immediate vicinity of the building or portion thereof. This roadway shall have an unobstructed clearance of clear to the sky. Exception: The 28-foot (8535 mm) width may be reduced to not less than 20 feet (6,096 mm), when approved by the fire code official. This exception shall not be applied for a distance of 25 feet (7620 mm) on either side of a hydrant. SECTION 127. Section 503.2.1.2.2.1 is hereby added to read as follows: 503.2.1.2.2.1 Proximity to Building. At least one required access route meeting this condition shall be located such that the edge of the fire apparatus access roadway, not including shoulders, that is closest to the building being served, is between 10 feet (254 mm) and 30 feet (9144 mm) from the building, as determined by the fire code official, and shall be positioned parallel to one entire side of the building. The side of the building on which the fire apparatus access road is positioned shall be approved by the fire code official. 7.1.b Packet Pg. 228 HOA.103903238.11 87 Exception: When approved by the fire code official, the required setback may be modified for residential and mixed-use residential developments less than five stories in height when additional fire protection measures are provided. SECTION 128. Section 503.2.1.2.2.2 is hereby added to read as follows: 503.2.1.2.2.2 Obstructions. Overhead power lines shall not be located over the fire apparatus access road or between the fire apparatus road and the building. Other obstructions shall be permitted to be placed with the approval of the fire code official. SECTION 129. Section 503.2.2.1 is hereby added to read as follows: 503.2.2.1 Dimensions maintained. The dimensions of approved fire apparatus roads shall be maintained as originally approved by the fire code official. SECTION 130. Section 503.2.3 is hereby amended to read as follows: 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Facilities, buildings or portions of buildings hereafter constructed or moved into or within the jurisdiction shall be accessible to fire department apparatus by way of an approved fire apparatus access road that is designed and maintained with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds (34 050 kg). The fire apparatus 7.1.b Packet Pg. 229 HOA.103903238.11 88 access shall be surfaced so as to provide all-weather driving capabilities, as approved by the fire code official. Exception: Regarding the weight rating, the fire code official shall be authorized to determine that fire apparatus access roads serving one- and two-family residences instead be capable of supporting the imposed load of fire apparatus weighing at least 50,000 pounds (22 700 kg). SECTION 131. Section 503.2.4 is hereby amended to read as follows: 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. The minimum turning radius shall be not less than 32 feet (9754 mm) measured at the centerline of the required access roadway. SECTION 132. Section 503.2.5 is hereby amended to read as follows: 503.2.5 Dead-ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatusturnaround. See Figures 503.2.5(1) and 503.2.5(2). The turnaround shall be oriented on the access roadway in the proper direction of travel. Exceptions: 1. Dead-end fire apparatus access roads serving other than single- family dwellings, that are a minimum of 20 feet (6096 mm) in width and that are straight and flat, may be extended to between 151 feet (46 025 mm) and 300 feet (91 440 mm) in length without requiring a turnaround, when approved by the fire code official. 7.1.b Packet Pg. 230 HOA.103903238.11 89 2. Dead-end fire apparatus access roads serving single-lot single- family dwellings, that are a minimum of 15 feet (4572 mm) in width and that are straight and flat, may be extended to between 151 feet (46 025 mm) and 300 feet (91 440 mm) in length without requiring a turnaround, when approved by the fire code official. SECTION 133. Figure 503.2.5(1) is hereby added as follows: FIGURE 503.2.5(1) FIRE APPARATUS TURNAROUND STANDARD — PUMPER 7.1.b Packet Pg. 231 HOA.103903238.11 90 SECTION 134. Figure 503.2.5(2) is hereby added as follows: FIGURE 503.2.5(2) FIRE APPARATUS TURNAROUND STANDARD — AERIAL APPARATUS SECTION 135. Section 503.2.7 is hereby amended to read as follows: 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department’s apparatus. Fire apparatus access roads shall not exceed 15 percent (15 %) in grade. Exception: For a fire apparatus access road serving no more than two single-family dwellings, grades shall not exceed 20 percent (20%) when approved by the fire code official. Grades between 15.1 percent 7.1.b Packet Pg. 232 HOA.103903238.11 91 (15.1 %) and 20 percent (20%) shall not exceed a maximum cumulative total of 500 feet (152.4 m) as measured over the entire length of the access roadway. SECTION 136. Section 503.2.9 is hereby added to read as follows: 503.2.9 Area of firefighting operations. The area of firefighting operations, as defined in Chapter 2, shall not be located underneath high-voltage transmission lines. SECTION 137. Section 503.3 is hereby amended to read as follows: 503.3 Marking and signage. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING—FIRE LANE shall be provided for fire apparatus access roads to identify such roads, to clearly indicate the access to such roads, or to prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. A no- parking designation shall meet the requirements of California Vehicle Code Section 22500.1 and be approved by the fire code official. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire apparatus road as required. 7.1.b Packet Pg. 233 HOA.103903238.11 92 SECTION 138. Section 503.3.1 is hereby added to read as follows: 503.3.1 Marking overhead high-voltage transmission lines. When required by the fire code official, fire apparatus access roads and structures located near high-voltage transmission lines shall be posted with signs, approved by the fire code official, that include the words "CAUTION OVERHEAD HIGH-VOLTAGE TRANSMISSION LINES." SECTION 139. Section 503.4 is hereby amended to read as follows: 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including by the parking of vehicles or the use of traffic calming devices, including but not limited to, speed bumps or speed humps. The minimum widths and clearances established in Sections 503.2.1 and 503.2.2 shall be maintained at all times. SECTION 140. Section 503.4.1 is hereby amended to read as follows: 503.4.1 Traffic calming devices. Traffic calming devices, including but not limited to, speed bumps and speed humps, shall be prohibited unless approved by the fire code official. SECTION 141. Section 503.5.1 is hereby amended to read as follows: 503.5.1 Secured gates and barricades. Where required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Also see Section 506. 7.1.b Packet Pg. 234 HOA.103903238.11 93 Exception: The restriction on use shall not apply to public officers acting within the scope of duty. SECTION 142. Section 503.6 is hereby amended to read as follows: 503.6 Security gGates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Where a single gate is provided, the gate width shall not be less than 20 feet (6096 mm), except on a fire apparatus access roadway approved to be a lesser width, in which case the gate shall not restrict that width. Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 15 feet (4572 mm) for residential use and 20 feet (6096 mm) for commercial/industrial uses. 2. Gates shall be of the swinging or sliding type. 3. Construction of gates shall be of materials that allow manual operation by one person. 7.1.b Packet Pg. 235 HOA.103903238.11 94 4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Methods of locking shall be submitted for approval by the fire code official. 7. Electric gate operators, where provided, shall be listed in accordance with UL 325. 8. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200. SECTION 143. Section 503.7 is hereby added to read as follows: 503.7 Fire apparatus access roads in recreational vehicle, mobilehome, and manufactured housing sales lots and storage lots. Recreational vehicle, mobilehome, and manufactured housing sales lots and storage lots shall provide and maintain fire apparatus access roads in accordance with Section 503. SECTION 144. Section 503.8 is hereby added to read as follows: 503.8 Fire apparatus access roads in mobilehome parks and special occupancy parks. The enforcing agency for California Code of Regulations, Title 25, Division 1, Chapters 2 and 2.2 shall have authority for approval of roadways in mobilehome parks 7.1.b Packet Pg. 236 HOA.103903238.11 95 and special occupancy parks. Mobilehome parks roadway requirements are found in California Code of Regulations, Title 25, Division 1, Chapter 2, Article 2, Section 1106, and roadway requirements for special occupancy parks are found in Title 25, Division 1, Chapter 2.2, Article 2, Section 2106. The fire department shall have the authority to require access provisions more stringent than those which are located in CCR Title 25, but at no point more stringent than those which are required in this code, except in accordance with Sections 104.8 through 104.10, or as otherwise allowed by law. SECTION 145. Section 504.1 is hereby amended to read as follows: 504.1 Required access. Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided where required by the fire code official. Exception: Single-family dwellings with slopes exceeding 3:1 ratio. SECTION 146. Section 504.5 is hereby added to read as follows: 504.5 Rooftop barriers and parapets. No person shall install any security barrier, visual barrier screen, or other obstruction on the roof of any building in such a manner as to obstruct firefighter ingress or egress in the event of fire or other emergency. Parapets shall not exceed 42 inches (1067 mm) on at least two sides of the building. These sides should face an access roadway or yard sufficient to accommodate ladder operations. 7.1.b Packet Pg. 237 HOA.103903238.11 96 Exceptions: 1. Where parapets are desired to be taller than 42 inches (1067 mm), the fire code official shall have the authority to approve a platform/catwalk system. 2. Where a portion of a roof is greater than 75 feet (22 860 mm) above the highest adjacent level of a fire apparatus access road. SECTION 147. Section 505.1.1 is hereby added to read as follows: 505.1.1 Multiple residential and commercial units. Multiple residential and commercial units having entrance doors not visible from the street or road shall have, in addition to the requirements of Section 505.1 above, approved numbers grouped for all units within each structure and positioned to be plainly visible from the street or road. Said numbers may be grouped on the wall of the structure or on a mounting post independent of the structure. SECTION 148. Section 506.1 is hereby amended to read as follows: 506.1 Where required. Where access to or within a new or existing structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require an approved key box or other limited-access device to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037, and shall contain keys to gain necessary access as required by the fire code official. Exception: A key box or other limited-access device is not required for access to the interior of a sleeping unit or dwelling unit. 7.1.b Packet Pg. 238 HOA.103903238.11 97 SECTION 149. Section 507.1.1 is hereby added to read as follows: 507.1.1 Water certificate. Except as otherwise provided by this section, every application for a building permit shall be accompanied by one of the following: 1. Evidence indicating to the fire code official that the proposed structure will be provided with a reliable water supply. The fire code official may accept as sufficient evidence a certificate from a water utility that it can supply water to the proposed structure in compliance with Title 20 of the Los Angeles County Code, except that if the fire code official knows that such water utility cannot so supply water, the fire code official may reject such certificate; or. 2. A certificate from the Fire Department that there exists, or is under construction, a private water supply which, in the opinion of the fire code official's opinion, is adequate for fire protection. Exception: A certificate is not required for new or existing Group U occupancies with less than 1,000 square feet (93 m2) of aggregate floor area. SECTION 150. Section 507.2 is hereby amended to read as follows: 507.2 Type of water supply. A water supply shall consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of reliably providing the required fire flow. Facilities, buildings, or portions of buildings that are hereafter constructed or moved into or within the jurisdiction, that are located within a water district's or water 7.1.b Packet Pg. 239 HOA.103903238.11 98 utility's service area, and that can receive a fire-flow certificate upon satisfactory completion of facilities improvements from the applicable water district or water utility, shall obtain their required fire flow from that water district’s or water utility’s system. SECTION 151. Section 507.2.2 is hereby amended to read as follows: 507.2.2 Water tanks. Water tanks, and associated structures and piping, for private fire protection shall be installed and maintained in accordance with NFPA 22, and as specified by the fire code official. SECTION 152. Section 507.3.1 is hereby added to read as follows: 507.3.1 Fire protection water supplies in sales or storage lots of recreational vehicles, mobilehomes, or manufactured housing, or in mobilehome parks or special occupancy parks. New, or additions to existing, sales or storage lots of recreational vehicles, mobilehomes, or manufactured housing, mobilehome parks, and special occupancy parks, shall be provided with an approved fire protection water supply in accordance with Section 507. Exception: Special occupancy parks located in remote areas shall have a fire protection water supply as required by the fire code official, which shall not be less than the requirements of the California Code of Regulations, Title 25, Division 1, Chapter 2.2, Special Occupancy Parks, Article 6, Section 2300, et seq. 7.1.b Packet Pg. 240 HOA.103903238.11 99 SECTION 153. Section 507.4.1 is hereby added to read as follows: 507.4.1 Private fire hydrant test and certification in mobilehome parks and special occupancy parks. Private fire hydrants in mobilehome parks and special occupancy parks shall be tested and certified as required by California Code of Regulations, Title 25, Division 1, Chapter 2, Article 6, Section 1317 for mobilehome parks and Division 1, Chapter 2.2, Article 6, Section 2317 for special occupancy parks. Certification of such tests shall be completed by the local water supplier, a licensed C-16 fire protection contractor, or a licensed fire protection engineer as required by said Title 25. SECTION 154. Section 507.5.5 is hereby amended to read as follows: 507.5.5 Clear space around hydrants. A 3-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved. Vehicles parking near fire hydrants must also comply with California Vehicle Code Section 22514. SECTION 155. Section 507.5.7 is hereby added to read as follows: 507.5.7 Firefighting water source marker. When required by the fire code official, a fire hydrant and other firefighting water source shall be identified by the installation of a blue raised reflective pavement marker or identified by other approved means. 7.1.b Packet Pg. 241 HOA.103903238.11 100 SECTION 156. Section 507.5.8 is hereby added to read as follows: 507.5.8 Private fire hydrant identification. A private service fire hydrant shall be painted red in color. The valve stem, coupling threads, or portions of the hydrant where the application of paint would violate the listing of the hydrant or hinder its operation shall not be painted. SECTION 157. Section 507.5.9 is hereby added to read as follows: 507.5.9 Private fire hydrant caps or plugs. A private service fire hydrant hose coupling shall be provided with a protective thread cap or plug. Missing or damaged caps or plugs shall be replaced. SECTION 158. Section 507.5.10 is hereby added to read as follows: 507.5.10 Draft system identification sign. Draft hydrants, including those for existing swimming pools and spas constructed or located in a fire hazard severity zone with a capacity of 5,000 gallons (1892.71 L) or more equipped with draft hydrants, shall be identified with a permanent sign. The sign and its location shall be approved by the fire code official. SECTION 159. Section 507.6 is hereby added to read as follows: 507.6 Aboveground controls and valves for water-based fire protection systems. Aboveground controls and valves for water-based fire protection systems shall comply with Section 901.6.4. 7.1.b Packet Pg. 242 HOA.103903238.11 101 SECTION 160. Section 509 is hereby amended to read as follows: 509 FIRE PROTECTION, AND UTILITY, AND HAZARDOUS EQUIPMENT IDENTIFICATION AND ACCESS SECTION 161. Section 509.1.1 is hereby amended to read as follows: 509.1.1 Utility and hazardous equipment identification. Where required by the fire code official, gas shutoff valves, electric meters, service switches and other utility equipment, as well as similar equipment of similar privately owned hazards, shall be clearly and legibly marked to identify the unit or space that iteach serves, and to identify the disconnection means of each, along with the total number of disconnects for each category of hazardous sources (e.g., electrical power sources, natural gas sources, etc.) and further identification of the hazard type where necessary (e.g., lithium-ion ESS, hydrogen gas fuel cell, etc.). Identification shall be made in an approved manner, readily visible and shall be maintained. For the purposes of Sections 509 and 603, both an energy storage system (ESS) and a photovoltaic (PV) system shall each be considered an electrical power source, with electrical service equipment, and an electrical hazard. SECTION 162. Section 509.2 is hereby amended to read as follows: 509.2 Equipment and disconnection-means access. Approved access shall be provided and maintained for all fire protection system, utility, and hazardous equipment, as determined by the fire code official, to permit immediate safe operation and maintenance of such equipment, including of required disconnection and/or attenuation means. Storage, trash and other materials or objects 7.1.b Packet Pg. 243 HOA.103903238.11 102 shall not be placed or kept in such a manner that would prevent such equipment and means of disconnection and/or attenuation from being readily accessible. SECTION 163. Section 509.3 is hereby added to read as follows: 509.3 Disconnection means location. Where multiple sources of the same category of hazard (e.g., categories of electrical hazards, of flammable gas hazards, etc.) serve a single building, required disconnection and/or attenuation means for the sources of each hazard category shall be located together, in a location approved by the fire code official. Where additional and/or remote means are necessary in order to accomplish this requirement, physical disconnection shall be achieved at the source of the hazard itself, such as by use of relay(s). Required disconnection and/or attenuation means for electrical hazards shall be located within 6 feet (1829 mm) of the main service panel, on the same wall plane, and maintained not separated from one another by walls, gates, fences, vegetation, or architectural features of the building. Exception: The fire code official shall have the authority to allow case-by- case exceptions where site or hazard constraints make a requirement impractical. Where such exceptions are granted, clear, permanent signage shall be provided in all cases. The color, content, number, and medium of the signage shall be as determined by the fire code official. 7.1.b Packet Pg. 244 HOA.103903238.11 103 SECTION 164. Section 510.1 is hereby amended to read as follows: 510.1 Emergency responder communication coverage (ERCC) in new buildings. Approved in-building, two-way emergency responder communication coverage for emergency responders shall be provided in all new buildings. In-building, two-way emergency responder communication coverage within the building shall be based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. Exceptions: 1. Where approved by the building official and the fire code official, a wired communication system in accordance with Section 907.2.13.2 shall be permitted to be installed or maintained instead of an approved radio coverage, or otherwise-required communication-coverage, system. 2. Where it is determined by the fire code official that the radiocommunication coverage system is not needed. In order to make this determination, the fire code official may require an approved type of evaluation and/or modeling of communication coverage signal strength be conducted, at the expense of the building owner, for new buildings, new portions of buildings, or buildings or portions thereof otherwise triggering the provisions of this code. 7.1.b Packet Pg. 245 HOA.103903238.11 104 3. In facilities where emergency responder radiocommunication coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radiocommunication coverage system. 4. One- and two-family dwellings and townhouses. SECTION 165. Section 510.2 is hereby amended to read as follows: 510.2 Emergency responder communication coverage in existing buildingsReserved. Existing buildings shall be provided with approved in-building, two-way emergency responder communication coverage for emergency responders as required in Chapter 11. SECTION 166. Section 510.4.1 is hereby amended to read as follows: 510.4.1 Emergency responder communication coverage system signal strength. The building shall be considered to have acceptable in-building, two-way emergency responder communication system coverage where signal strength measurements in 95 percent of all areas and 99 percent of areas designated as critical areas by the fire code official on each floor of the building, and 99 percent of each critical area as designated below, meet the signal strength requirements in Sections 510.4.1.1 through 510.4.1.3. Critical areas shall include the following: 1. At all fire alarm control panels. 7.1.b Packet Pg. 246 HOA.103903238.11 105 2. At fire fighter’s smoke control panels. 3. At the main electrical panel(s). 4. Throughout emergency and standby power rooms. 5. Throughout a fire command center complying with Section 508. 6. Throughout exit stairs. 7. Throughout areas of refuge. 8. Throughout fire pump rooms. 9. Throughout elevator machine rooms and elevator lobbies. 10. Throughout building lobbies. 11. Locations as determined by the fire code official. SECTION 167. Section 510.4.1.1 is hereby amended to read as follows: 510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The inbound signal level shall be a minimunminimum of -95dBm throughout the coverage area and sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.03.4 or an equivalent Signal-to-Interference-Plus-Noise Ratio (SINR) applicable to the technology for either analog or digital signals. SECTION 168. Section 510.4.1.2 is hereby amended to read as follows: 510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The 7.1.b Packet Pg. 247 HOA.103903238.11 106 outbound signal level shall be sufficient to provide not less than a DAQ of 3.03.4 or an equivalent SINR applicable to the technology for either analog or digital signals. SECTION 169. Section 510.4.2 is hereby amended to read as follows: 510.4.2 System design. The in-building, two-way emergency responder communication coverage system shall be designed in accordance with Sections 510.4.2.1 through 510.4.2.8 and, in accordance with NFPA 1221, and as determined by the fire code official. SECTION 170. Section 510.4.2.3 is hereby amended to read as follows: 510.4.2.3 Standby power. In-building, two-way emergency responder communication coverage systems shall be provided with dedicated standby batteries or provided with 212-hour standby batteries and connected to the facility generator power system in accordance with Section 1203. The standby power supply shall be capable of operating the in-building, two-way emergency responder communication coverage system at 100-percent system capacity for a duration of not less than 1224 hours. SECTION 171. Section 510.5 is hereby amended to read as follows: 510.5 Installation requirements. The installation of the in-building, two-way emergency responder communication coverage system shall be in accordance with NFPA 1221 and, in accordance with Sections 510.5.21 through 510.5.5, and as determined by the fire code official. 7.1.b Packet Pg. 248 HOA.103903238.11 107 SECTION 172. Section 510.5.1 is hereby amended to read as follows: 510.5.1 Mounting of the donor antenna(s). To maintain proper alignment with the system designed donor site, donor antennas shall be permanently affixed on the building or where approved,. For existing installations where an antenna was previously approved to be mounted on a movable sled, the assembly shall be provided with an approved, clearly visible sign stating "MOVEMENT OR REPOSITIONING OF THIS ANTENNA IS PROHIBITED WITHOUT APPROVAL FROM THE FIRE CODE OFFICIAL." The antenna installation shall be in accordance with the applicable requirements in the California Building Code for weather protection of the building envelope. SECTION 173. Section 510.5.4 is hereby amended to read as follows: 510.5.4 Acceptance test procedure. Where an in-building, two-way emergency responder communication coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is not less than 95 percent, and 99 percent for critical areas as defined in Section 510.4.1. The test procedure shall be conducted as follows: 1. EachFor the 95-percent coverage test, each floor of the building shall be divided into a grid of 20 approximately equal test areas. Floors or levels of exceptionally large size may be required to be considered in sections in order to keep the individual grid test areas of reasonable size. 7.1.b Packet Pg. 249 HOA.103903238.11 108 For the critical-areas coverage test, those areas shall be identified and shall require 99-percent coverage. 2. The test shall be conducted using a calibrated portable radio of the latest brand and model used by the agency talking through the agency’s radio communications system or equipment approved by the fire code official. 3. Failure of more than one test area shall result in failure of the test. No failure of critical areas will be allowed. 4. InFor the 95-percent coverage requirement areas, in the event that two of the test areas fail the test, in order to be more statistically accurate, the floor shall be permitted to be divided into 40 equal test areas. Failure of not more than two nonadjacent test areas shall not result in failure of the test. If the system fails the 40-area test, the system shall be altered to meet the 95-percent coverage requirement. . . . SECTION 174. Section 510.6 is hereby amended to read as follows: 510.6 Maintenance and notifications. The in-building, two-way emergency responder communication coverage system shall be maintained operational at all times in accordance with Sections 510.6.1 through 510.6.4, and with local requirements, including any required notifications to emergency- responder and/or communication-system-provider agencies. 7.1.b Packet Pg. 250 HOA.103903238.11 109 SECTION 175. Section 510.6.2 is hereby amended to read as follows: 510.6.2 Additional frequencies. The building owner shall modify or expand the in-building, two-way emergency responder communication coverage system at his or her expense in the event frequency changes are required by the FCC or, other radio licensing authority, or fire code official, or additional frequencies are made available by the FCC or other radio licensing authority. Prior approval of an in-building, two-way emergency responder communication coverage system on previous frequencies does not exempt this section. SECTION 176. Section 511 is hereby added to read as follows: 511 DESTRUCTION OF SIGNS 511.1 Destruction of signs. No person shall mutilate or remove or destroy any sign or notice posted, or required to be posted, by the fire code official or a duly authorized representative. SECTION 177. Section 603.4 is hereby amended to read as follows: 603.4 Working space and clearances. Working space around electrical equipment shall be provided in accordance with Section 110.26 of the California Electrical Code for electrical equipment rated 1,000 volts or less, and Section 110.32 of the California Electrical Code for electrical equipment rated over 1,000 volts. The minimum required working space shall be not less than 30 inches (762 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in height in front of electrical service equipment. Where the electrical service equipment is wider than 30 inches (762 mm), the minimum working space shall 7.1.b Packet Pg. 251 HOA.103903238.11 110 be not less than the width of the equipment. Storage of materials shall not be located within the designated working space. The code official is authorized to require the installation, painting, and/or placement of approved physical markers, and verbiage as deemed necessary, by which to visually designate the area to be maintained clear of storage. SECTION 178. Section 603.4.1 is hereby amended to read as follows: 603.4.1 Electrical signage and Llabeling. Doors into electrical control panel rooms shall be marked with a plainly visible and legible sign stating "ELECTRICAL ROOM" or similar approved wording. The disconnecting means for each service, feeder or branch circuit originating on a switchboard or panelboard shall be legibly and durably marked to indicate its purpose unless such purpose is clearly evident. Where buildings or structures are supplied by more than one power source, markings shall be provided at each service equipment location and at all interconnected electric power production sources identifying all electric power sources at the premises in accordance with the California Electrical Code, and other requirements of the fire authority. See Section 509, et seq. For the purposes of Sections 509 and 603, both an energy storage system (ESS) and a photovoltaic (PV) system shall each be considered an electrical power source, with electrical service equipment, and an electrical hazard. 7.1.b Packet Pg. 252 HOA.103903238.11 111 SECTION 179. Section 604.4 is hereby amended to read as follows: 604.4 Emergency signs. An approved pictorial sign of a standardized design shall be posted adjacent to each elevator call station on all floors instructing occupants to use the exit stairways and not to use the elevators in case of fire. The sign shall read: "IN FIRE EMERGENCY, DO NOT USE ELEVATOR. USE EXIT STAIRS." Letters shall be at least 1-inch (25 mm) high and in contrasting color to the background. Exceptions: 1. The emergency sign shall not be required for elevators that are part of an accessible means of egress complying with Section 1009.4. 2. The emergency sign shall not be required for elevators that are used for occupant self-evacuation in accordance with Section 3008 of the California Building Code. SECTION 180. Section 901.6 is hereby amended to read as follows: 901.6 Inspection, testing, and maintenance. Fire protection and life safety systems shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Nonrequired fire protection and life safety systems and equipment shall either be inspected, tested and maintained, or be removed in accordance with Section 901.8. Fire protection and life safety system equipment, including initiating devices, alarm notification appliances, and annunciators shall not be concealed from view, obstructed, or impaired in any manner. . . . 7.1.b Packet Pg. 253 HOA.103903238.11 112 SECTION 181. Section 901.6.4 is hereby added to read as follows: 901.6.4 Aboveground controls and valves for water-based fire protection systems. Aboveground controls and valves for water-based fire protection systems, including but not limited to private fire hydrant systems, service mains, and appurtenances, shall be installed and maintained in accordance with Sections 901.6.4.1 through 901.6.4.4. 901.6.4.1 Signage. Aboveground controls and valves for water-based fire protection systems shall be provided with signage in accordance with all of the following: 1. Signs shall indicate the function of the valve and identify the areas or systems it controls. 2. Signs shall be metal and painted red with white letters. The characters shall be a minimum of 1-inch (25.4 mm) high with a 3/16- inch (4.8 mm) stroke. 3. Signs shall be metal and permanently banded to the valve or permanently affixed to a wall, using corrosion-resistant means. 4. Signage and compliance with this section shall require approval by the fire code official. 901.6.4.2 Locks. Aboveground controls and valves for water-based fire protection systems shall be locked in the fully open position using a cable or chain and a non-case-hardened 7.1.b Packet Pg. 254 HOA.103903238.11 113 lock, or by other approved means. Detachable wrenches for post-indicator valves shall be secured in place by the use of a non-case-hardened lock. Exception: Water supplies for one- and two-family dwellings shall not be required to be locked. 901.6.4.3 Painting identification. Aboveground controls and valves for water-based fire protection systems shall be painted red on any exposed surfaces subject to rust or corrosion. Valve stems, coupling threads, operating mechanisms, sight windows, components, or portions of the valve where the application of paint would violate the listing of the valve or hinder its operation shall not be painted. 901.6.4.4 Clear space. A 3-foot (914 mm) clear space shall be maintained around the circumference of aboveground controls and valves for water-based fire protection systems, except as otherwise required or approved. SECTION 182. Section 901.7 is amended to read as follows: 901.7 Systems out of service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall be either evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire department and their only duty shall be to perform 7.1.b Packet Pg. 255 HOA.103903238.11 114 constant patrols of the protected premises and keep watch for fires. Also see Section 401.10 for fire watch responsibilities and procedures. Exception: Facilities with an approved notification and impairment management program. The notification and impairment program for water-based fire protection systems shall comply with California NFPA 25. SECTION 183. Section 901.7.4 is hereby amended to read as follows: 901.7.4 Preplanned impairment programs. Preplanned impairments shall be authorized by the impairment coordinator. Before authorization is given, a designated individual shall be responsible for verifying that all of the following procedures have been implemented: . . . 9. When alteration requires modification of a portion of a fire protection system, the remainder of the system shall be kept in service. 10. When it is necessary to take a fire protection system, or portion thereof, out of service for repair, the repair shall be completed immediately and the system returned to full service. SECTION 184. Section 901.8.2 is hereby amended to read as follows: 901.8.2 Removal of existing occupant-use hose lines. The fire code official is authorized to permit the removal of existing occupant-use hose lines where bothall of the following conditions exist: 1. The hose line would not be utilized by trained personnel or the fire department. 7.1.b Packet Pg. 256 HOA.103903238.11 115 2. The remaining outlets are compatible with local fire department fittings. 3. The area is provided with an approved fire sprinkler system. SECTION 185. Section 902.1 is amended to read as follows: 902.1 Definitions. The following terms are defined in Chapter 2: . . . FIRE SAFETY FUNCTIONS. FIRE WATCH. FIXED BASE OPERATOR (FBO). . . . SECTION 186. Section 903.2.8 is amended to read as follows: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group-R fire area. Fire sprinkler systems shall be installed in mobilehomes, manufactured homes and multifamily manufactured homes with two dwelling units. The system design and the installation process shall be in accordance with Title 25 of the California Code of Regulations. Exceptions: . . . 7.1.b Packet Pg. 257 HOA.103903238.11 116 SECTION 187. Section 903.2.11 is amended to read as follows: 903.2.11 Specific buildings areas and hazards. In all occupancies other than Group U, an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sections 903.2.11.1 through 903.2.11.67. SECTION 188. Section 903.2.11.7 is added to read as follows: 903.2.11.7 Occupancies in fire hazard severity zones and within the San Gabriel Southface Area or the Malibu–Santa Monica Mountains Area. An automatic fire sprinkler system shall be installed in every occupancy which is newly constructed or which is modified, reconstructed, or remodeled by adding 50 percent or more of the floor area of the existing occupancy, within any 12-month period, where the occupancy is located in a fire hazard severity zone and within the San Gabriel Mountains Southface Area or the Malibu–Santa Monica Mountains Area, as defined in Appendix PP. Exceptions: 1. Occupancies located in the San Gabriel Mountains Southface Area and which are located 3 miles or less from the closest existing or planned Los Angeles County Fire Station capable of supporting firefighting resources are exempt from the fire sprinkler requirement. Travel distances shall be measured by the most direct route on streets or roads accessible to fire department apparatus. 7.1.b Packet Pg. 258 HOA.103903238.11 117 2. Occupancies modified, reconstructed, or remodeled by adding 50 percent or more of the floor area of the existing occupancy, where the total floor area of the occupancy after the modification, reconstruction, or remodel is less than 5,000 square feet (465 m2), are exempt from the fire sprinkler requirement. 3. Detached private garages, sheds, and agricultural buildings less than 1000 square feet (92 m2) in area and separated from other structures by a minimum of 6 feet (1829 mm), are exempt from the fire sprinkler requirement. 4. Detached gazebos, pergolas, and carports open on two or more sides, that are separated from other structures by a minimum of 6 feet (1829 mm) are exempt from the fire sprinkler requirement. 5. Detached Group-U occupancies, separated from other structures by a minimum of 6 feet (1829 mm), built entirely out of noncombustible materials, and with no combustible storage, are exempt from the fire sprinkler requirement. For the purposes of this subsection, "planned Los Angeles County Fire Station" means a fire station, approved by the Consolidated Fire Protection District of Los Angeles County that will be developed within five years from the date of building permit application for the subject development. The Board of Supervisors finds it necessary to impose these requirements upon the issuance of a building permit because a failure to do so would place the residents of 7.1.b Packet Pg. 259 HOA.103903238.11 118 the subdivision or the immediate community, or both, in a condition perilous to their health or safety, or both. SECTION 189. Section 903.4.2 is hereby amended to read as follows: 903.4.2 Alarms. One exterior approved audible device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler waterflow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Visible alarm notification appliances shall not be required except when required by Section 907 and/or Section 903.4.2.1. SECTION 190. Section 903.4.2.1 is hereby added to read as follows: 903.4.2.1 Remote annunciation. A dedicated fire alarm control unit for the fire sprinkler monitoring system shall be provided and located in an approved location, near the main entrance into the building for fire department use. An approved remote annunciator may be installed at the approved location in lieu of the fire alarm control unit. Zone indication on the remote annunciator may be required by the fire code official. SECTION 191. Section 904.1.1 is hereby amended to read as follows: 904.1.1 Certification of service personnel for fire-extinguishing equipmentReserved. Service personnel providing or conducting maintenance on automatic fire- extinguishing systems, other than automatic sprinkler systems, shall possess a valid 7.1.b Packet Pg. 260 HOA.103903238.11 119 certificate issued by an approved governmental agency, or other approved organization for the type of system and work performed. SECTION 192. Section 904.3.5 is hereby amended to read as follows: 904.3.5 Monitoring. WhereWhen a building fire alarm system or sprinkler monitoring system is installed, automatic fire-extinguishing systems shall be monitored by the building’s fire alarm systemcontrol unit in accordance with NFPA 72. SECTION 193. Section 905.2.1 is hereby added to read as follows: 905.2.1 Class I standpipes — rating. Materials and devices shall be of sufficient strength to withstand not less than 200 pounds per square inch (1379 kPa) of water pressure when ready for service. All Class I standpipes shall be tested hydrostatically to withstand not less than 200 pounds per square inch (1379 kPa) of pressure for 2 hours, but in no case shall the pressure be less than 50 pounds per square inch (344.7 kPa) above the maximum working pressure. SECTION 194. Section 905.4 is hereby amended to read as follows: 905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections shall be provided in all of the following locations: 1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at the main floor landing unless otherwise approved by the fire code official. See Section 7.1.b Packet Pg. 261 HOA.103903238.11 120 909.20.2.3 of the California Building Code for additional provisions in smokeproof enclosures. Exception: A single hose connection shall be permitted to be installed in the open corridor or open breezeway between open stairs that are not greater than 75 feet (22 860 mm) apart. . . . SECTION 195. Section 905.4.3 is hereby added to read as follows: 905.4.3 Outlets. Each standpipe shall be equipped with an approved 2½-inch (63.5 mm) outlet not less than 2 feet (609.6 mm) and not more than 4 feet (1219.2 mm) above the floor level of each story. Standpipe outlets in stairway enclosures or smokeproof enclosures shall be located so that the exit doors do not interfere with the use of the outlet and located on the main stair landing. All outlets shall be equipped with an approved valve, cap, and chains. SECTION 196. Section 905.5.3 is hereby amended to read as follows: 905.5.3 Class II system 1½-inch hose. A minimum 1½-inch (2538.1-mm) hose shall be allowed to be used for hose stations in light-hazard occupancies where investigated and listed for this service and where approved by the fire code official. Each Class II interior wet standpipe hose station shall be equipped with a 1½-inch (38.1 mm) valve, no more than 100 feet (30 480 mm) of lined hose, and an approved fog nozzle in each story, including the basement or cellar of the building, and located not less than 3 feet (914.4 mm) and not 7.1.b Packet Pg. 262 HOA.103903238.11 121 more than 5 feet (1524 mm) above the floor. Where combination standpipes are installed, the 1½-inch (38.1 mm) outlet system may be supplied from the combination system with a 2-inch (50.8 mm) connecting line. SECTION 197. Section 905.9 is hereby amended to read as follows: 905.9 Riser shutoff Vvalve supervision and drain. Each individual riser must be equipped with an approved indicating valve at its base and an approved valve for draining. Valves controlling water supplies shall be supervised in the open position so that a change in the normal position of the valve will generate a supervisory signal at the supervising station required by Section 903.4. Where a fire alarm system is provided, a signal shall be transmitted to the control unit. Exceptions: . . . SECTION 198. Section 905.13 is hereby added to read as follows: 905.13 Standpipe diameter. Class III standpipes shall be not less than 6 inches (150 mm) in diameter. SECTION 199. Section 906.1 is hereby amended to read as follows: 906.1 Where required. Portable fire extinguishers shall be installed in all of the following locations. 1. In new and existing Group A, B, E, F, H, I, L, M, R-1, R-2, R-2.1, R- 2.2, R-3.1, R-4, and S occupancies. Exception: InWhen approved by the fire code official for Group R-2 occupancies, portable fire extinguishers shall be required only in locations specified in Items 2 through 6 7.1.b Packet Pg. 263 HOA.103903238.11 122 where each dwelling unit is provided with a portable fire extinguisher having a minimum rating of 1-A:10-B:C. . . . SECTION 200. Section 910.2 is hereby amended to read as follows: 910.2 Where required. Smoke and heat vents or a mechanical smoke removal system shall be installed as required by Sections 910.2.1 and 910.2.2. Exceptions: 1. Frozen food warehouses used solely for storage of Class I and II commodities where protected by an approved automatic sprinkler system. 2. Smoke and heat removal shall not be required in areas of buildings equipped with early suppression fast-response (ESFR) sprinklers. 3. Smoke and heat removal shall not be required in areas of buildings equipped with control mode special application sprinklers with a response time index of 50 (m · s)1/2 or less that are listed to control a fire in stored commodities with 12 or fewer sprinklers. 7.1.b Packet Pg. 264 HOA.103903238.11 123 SECTION 201. Section 910.2.3 is hereby added to read as follows: 910.2.3 Group S-2. Group S-2 buildings, and portions thereof, containing a total basement-area enclosed parking garage exceeding 12,000 square feet (1108 m2) shall require a mechanical smoke-removal system installed in accordance with Section 910.4. SECTION 202. Section 910.3 is hereby amended to read as follows: 910.3 Smoke and heat vents design and installation. The design and installation of smoke and heat vents shall be in accordance withas specified in Sections 910.3.1 through 910.3.3910.3.5. SECTION 203. Section 910.3.2 is hereby amended to read as follows: 910.3.2 Smoke and heat vent locations. Smoke and heat vents shall be located 20 feet (6096 mm) or more from adjacent lot lines and fire walls and 10 feet (3048 mm) or more from fire barriers. Vents shall be uniformly located within the roof in the areas of the building where the vents are required to be installed by Section 910.2, with consideration given to roof pitch, sprinkler location, draft curtains, and structural members. SECTION 204. Section 910.3.4 is hereby amended to read as follows: 910.3.4 Vent operation. Smoke and heat vents shall be capable of being operated by approved automatic and manual meansdesigned to operate automatically, but also have the capability of being opened by an approved exterior manual operation. Automatic operation of smoke and heat vents shall conform to the provisions of Sections 910.3.4.1 through 910.3.4.3. 7.1.b Packet Pg. 265 HOA.103903238.11 124 SECTION 205. Section 910.3.4.1 is hereby added to read as follows: 910.3.4.1 Gravity-operated drop-out vents. Thermoplastic drop-out vents, designed to shrink and drop out of the vent opening when exposed to fire, shall fully open within 5 minutes after the vent cavity is exposed to an air temperature of 500°F (260°C). SECTION 206. Section 910.3.4.2 is hereby added to read as follows: 910.3.4.2 Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed in accordance with Sections 910.3.2.2.1 through 910.3.2.2.2. 910.3.4.2.1 Control mode sprinkler system. Smoke and heat vents installed in areas of buildings with a control mode sprinkler system shall have operating elements with a higher temperature classification than the automatic fire sprinklers in accordance with NFPA 13. 910.3.4.2.2 Early suppression fast-response (ESFR) sprinkler system. Smoke and heat vents installed in areas of buildings with early suppression fast-response (ESFR) sprinklers shall be equipped with a standard-response operating mechanism having a minimum temperature rating of the greater of either 360ºF (182ºC), or 100ºF (56ºC) above the operating temperature of the sprinklers. 7.1.b Packet Pg. 266 HOA.103903238.11 125 SECTION 207. Section 910.3.4.3 is hereby added to read as follows: 910.3.4.3 Nonsprinklered buildings. Where installed in buildings not provided with an approved automatic sprinkler system, smoke and heat vents shall operate by actuation of a heat-responsive device rated at between 100°F (38°C) and 220°F (104°C) above ambient. Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1. SECTION 208. Section 910.3.5 is hereby amended to read as follows: 910.3.5 Fusible link temperature ratingVent dimensions. Where vents are installed in areas provided with automatic fire sprinklers and the vents operate by fusible link, the fusible link shall have a temperature rating of 360°F (182°C). The effective venting area of an individual vent shall not be less than 16 square feet (1.5 m2) with no dimension less than 4 feet (1219 mm), excluding ribs or gutters having a total width not exceeding 6 inches (152.4 mm). SECTION 209. Section 910.4.3 is hereby amended to read as follows: 910.4.3 System design criteria. The mechanical smoke removal system shall be sized to exhaust the building at a minimum rate of two air changes per hour based on the volume of the building or portion thereof without contents. Mechanical smoke removal systems provided for basement-level enclosed parking garages shall be designed to provide a minimum of six complete air changes per hour. The capacity of each exhaust fan shall not exceed 30,000 cubic feet per minute (14.2 m3/s). 7.1.b Packet Pg. 267 HOA.103903238.11 126 SECTION 210. Section 910.4.4 is hereby amended to read as follows: 910.4.4 Activation. The mechanical smoke removal system shall be activated by manual controls only. For basement-level enclosed parking garages, mechanical smoke removal systems shall be automatically activated by the automatic sprinkler system or by heat detectors having operating characteristics equivalent to those described in Section 910.3. Individual manual controls for each fan unit shall also be provided. SECTION 211. Section 912.1 is hereby amended to read as follows: 912.1 Installation. Fire department connections shall be installed in accordance with the NFPA standard applicable to the system design and shall comply with Sections 912.2 through 912.79. 7.1.b Packet Pg. 268 HOA.103903238.11 127 SECTION 212. Section 912.2 is hereby amended to read as follows: 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connections shall be approved by the fire code official. More than one fire department connection may be required. SECTION 213. Section 912.2.1 is hereby amended to read as follows: 912.2.1 Visible location. Fire department connections shall be located on the street-address side of buildings; or facing approved fire apparatus access roads,; within 150 feet (via vehicular access) of an accessible public fire hydrant; as close to the street curb face as possible; fully visible; and recognizable from the street, fire apparatus access road or nearest point of fire department vehicle access; or as otherwise approved by the fire code official. Fire department connections shall be located a minimum of 25 feet (7620 mm) from the structure. When this distance cannot be achieved, a minimum 2-hour fire-resistive wall shall be provided for the structure with no openings in the wall, for 25 feet (7620 mm) in either direction from the fire department connection. The required fire-resistive construction and lack of openings shall extend for the full height of the wall or building as determined by the fire code official. The fire code official may allow sufficiently protected overhead openings. 7.1.b Packet Pg. 269 HOA.103903238.11 128 Fire department connections shall be located not less than 24 inches (609.6 mm) nor more than 42 inches (1066.8 mm) above grade. SECTION 214. Section 912.3 is hereby amended to read as follows: 912.3 Fire hose threads and appliance. Fire hose threads used in connection with standpipe systems shall be approved and shall be compatible with fire department hose threads. Standpipes shall be equipped with a listed four-way fire department connection. Systems with three or more standpipes shall be provided with a sufficient number of inlets as required by the fire code official. All fire department connections shall be equipped with an approved straight-way check valve. SECTION 215. Section 912.4.2 is hereby amended to read as follows: 912.4.2 Clear space around connections. A working space of not less than 36 inches (914 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in height shall be provided and maintained in front of and to the sides of wall-mounted fire department connections and around the circumference of free-standing fire department connections, except as otherwise required or approved by the fire code official. The protective requirements of Section 912.2.1 shall also be met. SECTION 216. Section 912.5 is hereby amended to read as follows: 912.5 Signs. A metal sign with raised letters not less than 1 inch (25 mm) in size shall be mounted on all fire department connections and test connections serving automatic sprinklers, standpipes or fire pump connections. SuchIn addition to either "FDC" or 7.1.b Packet Pg. 270 HOA.103903238.11 129 "TEST CONNECTION", such signs shall read: "AUTOMATIC SPRINKLERS" or "STANDPIPES" or "TEST CONNECTION" or a combination thereof as applicable. The sign shall indicate the street addresses of buildings that the fire department connection serves. Where the fire department connection does not serve the entire building, a sign(s) shall be provided indicating the portions of the building served. For a system where the pressure required at the inlets to deliver the greatest system demand is greater than 150 psi (1034.21 kPa), the sign shall indicate the required pumping pressure. Signage shall require approval of the fire code official. SECTION 217. Section 912.7 is hereby amended to read as follows: 912.7 Inspection, testing and maintenance. Fire department connections shall be periodically inspected, tested and maintained in accordance with California Code of Regulations, Title 19, Division 1, Chapter 5., and the maintenance provisions of this code. Records of inspection, testing and maintenance shall be maintained. Provisions regarding signage, painting, hose threads, physical protection where deemed necessary by the code official, and maintenance of original clear space, shall be retroactive. SECTION 218. Section 912.8 is hereby added to read as follows: 912.8 Identification — paint color. Fire department connections shall be maintained painted red on any exposed surfaces subject to rust or corrosion. Coupling threads, operating mechanisms, sight windows, components, or portions of the valve where the application of paint would violate the listing of the valve or hinder its operation shall not be painted. 7.1.b Packet Pg. 271 HOA.103903238.11 130 SECTION 219. Section 912.9 is hereby added to read as follows: 912.9 Breakable caps or plugs. A fire hose coupling that is part of a fire department connection shall be provided with a protective breakable cap or plug. Missing or damaged breakable caps or plugs shall be replaced. SECTION 220. Section 914.9.1 is hereby added to read as follows: 914.9.1 Spray booths. Spray booths shall be provided with automatic fire sprinkler system protection when the spray booth is located in a portion of a building that is protected with an automatic fire sprinkler system. SECTION 221. Section 1032.4 is hereby amended to read as follows: 1032.4 Exit signs. Except as stated in Sections 1032.4.1 through 1032.4.3, and where indicated elsewhere as retroactive, Eexit signs shall be installed and maintained in accordance with the building and/or fire code that was in effect at the time of construction and the applicable provisions in Section 1104. Decorations, furnishings, equipment or adjacent signage that impairs the visibility of exit signs, creates confusion or prevents identification of the exit shall not be allowed. SECTION 222. Section 1032.4.1 is hereby added to read as follows: 1032.4.1 Elevator signage. Elevator signage directing occupants not to use the elevator in case of fire, or other emergency when appropriate, shall be posted in accordance with Section 604.4 and elsewhere as required by the fire code official. 7.1.b Packet Pg. 272 HOA.103903238.11 131 SECTION 223. Section 1032.4.2 is hereby added to read as follows: 1032.4.2 Emergency exiting information signs. In hotels, motels, lodging houses, and high-rise buildings; in office buildings two or more stories in height; in Group I, Division 1 and 2 occupancies as defined in the California Building Code (except honor farms and conservation camps); and in other buildings or areas determined by the fire code official, a floor plan providing emergency procedures information shall be posted at every stairway landing, at every elevator landing and immediately inside all public entrances to the building, and elsewhere as required by the fire code official. This emergency exiting information shall be printed with a minimum of 3/16-inch (4.8 mm) high nondecorative lettering providing a sharp contrast to the background. Content and location shall be subject to approval by the fire code official. The floor plan and associated information shall be posted so that it describes the represented floor level, and so that the bottom edge of such information is not located more than 4-feet above the floor. It shall provide the following: 1. Directions to all applicable exits on that floor. 2. Directions to any refuge areas on that floor. 3. Location of fire alarm initiating stations, if required. 4. What the fire alarm, if required, sounds and looks like (audible and visual warning devices). 5. Fire department emergency telephone number 911. 6. The prohibition of elevator use during emergencies, if any. See Sections 1032.4.1 and 604.4. 7.1.b Packet Pg. 273 HOA.103903238.11 132 7. Where special hazards exist, the fire code official shall have the authority to require additional information pertinent to emergency exiting and operations. SECTION 224. Section 1032.4.3 is hereby added to read as follows: 1032.4.3 Stairway and elevator lobby identification signs. The fire code official shall be authorized to require stairway identification signs and elevator lobby identification signs up to the design requirements of Sections 1023.9 through 1023.10. SECTION 225. Section 1103.11 is hereby added to read as follows: 1103.11 Fire department access. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location, in accordance with Section 506. Components of required means of access, which may include gates or similar barriers, or locks or other limited-access devices, shall be maintained in an operative condition at all times and replaced, repaired, or removed when defective. SECTION 226. Section 1203.2.3 is hereby amended to read as follows: 1203.2.3 Emergency responder communication coverage systems. Standby power shall be provided for in-building, two-way emergency responder communication coverage systems as required in Section 510.4.2.3. The standby power supply shall be capable of operating the in-building, two-way emergency responder 7.1.b Packet Pg. 274 HOA.103903238.11 133 communication coverage system at 100-percent system operation capacity for a duration of not less than 1224 hours. SECTION 227. Section 1203.2.5 is hereby amended to read as follows: 1203.2.5 Exhaust ventilation. Standby power shall be provided for mechanical exhaust ventilation systems as required in Section 1207.6.1.2.13. The system shall be capable of powering the required load for a duration of not less than 26 hours. SECTION 228. Section 1203.2.7 is hereby amended to read as follows: 1203.2.7 Gas detection systems. Emergency power shall be provided for gas detection systems where required by Sections 1203.2.10 and 1203.2.17. Standby power shall be provided for gas detection systems where required by Sections 916.5 and 1207.6.1.2.46. SECTION 229. Section 1204.4 is hereby amended to read as follows: 1204.4 Grounding. Portable generators shall be grounded in accordance with the California Electrical Code, or when required by the fire code official. SECTION 230. Section 1205.2 is hereby amended to read as follows: 1205.2 Access and pathways. Roof access, pathways and spacing requirements shall be provided in accordance with Sections 1205.2.1 through 1205.3.3. Pathways shall be over areas capable of supporting fire fighters accessing the roof. Pathways shall be located in areas with minimal obstructions, such as vent pipes, conduit or mechanical equipment. 7.1.b Packet Pg. 275 HOA.103903238.11 134 Exceptions: Regulatory note: For bathrooms and occupiable and/or habitable portions of structures, the following list of exceptions shall not apply to portions of roofs where windows or doors with ready access from within, and/or where designated emergency escape and rescue openings, are set back from the roof edge such that occupants would need to cross any portion of the solar array or associated electrical hazard during escape or rescue through the opening, unless determined otherwise by the fire code official. Considerations of the fire code official in making this determination may include, but not be limited to, the determination of pathways serving each opening; pathway widths of 36 inches (914 mm), up to the full width of the opening where the extent of such pathways cannot be readily determined or visibly indicated; the ability of occupants and fire fighters to recognize or infer those pathways or their extent; the ability for occupants and fire fighters to readily identify, locate, and avoid electrified components therein; the ability of fire fighters to assess the structural integrity of the applicable roof portion(s) without exposing hazards to which occupants would then be exposed during travel across the pathway(s); and the availability, extent, and integrity of other egress, escape, and rescue options and fire protection measures. 7.1.b Packet Pg. 276 HOA.103903238.11 135 1. Detached, nonhabitable Group U structures including, but not limited to, detached garages serving Group R-3 buildings, parking shade structures, carports, solar trellises and similar structures. 2. Roof access, pathways and spacing requirements need not be provided where the fire code official has determined that rooftop operations will not be employed. 3. Building-integrated photovoltaic (BIPV) systems where the BIPV systems are approved, integrated into the finished roof surface and are listed in accordance with a national test standard developed to address Section 690.12(B)(2) of the California Electrical Code. The removal or cutting away of portions of the BIPV system during fire- fighting operations shall not expose a fire fighter to electrical shock hazards. SECTION 231. Section 1205.4 is hereby amended to read as follows: 1205.4 Buildings with rapid shutdown. Buildings with rapid shutdown solar photovoltaic systems shall have permanent labels in accordance with Sections 1205.4.1 through 1205.4.3, and Section 509, et seq. SECTION 232. Section 1205.5.1 is hereby amended to read as follows: 1205.5.1 Vegetation control. A clear, brush-free area of 10 feet (3048 mm) shall be required around the perimeter of thenew and existing ground-mounted photovoltaic arrays. A noncombustible base of gravel or a maintained vegetative surface or a noncombustible 7.1.b Packet Pg. 277 HOA.103903238.11 136 base, approved by the fire code official, shall be installed and maintained under the photovoltaic arrays and associated electrical equipment installations. SECTION 233. Section 1206.10 is hereby amended to read as follows: 1206.10 Manual shutoff. Access to a manual shutoff valve shall be provided for the fuel piping within 6 feet (1829 mm) of any fuel storage tank serving the fuel cell and within 6 feet (1829 mm) of the power system. If the fuel tank and the stationary fuel cell power system are less than 12 feet (3658 mm) apart, a single shutoff valve shall be permitted. If the stationary fuel cell power system is located indoors, the shutoff valve shall be located outside of the room in which the system is installed, unless otherwise approvedrequired by the fire code official. Also see Section 509, et seq. SECTION 234. Section 1207.1.2 is hereby amended to read as follows: 1207.1.2 Permits. Permits shall be obtained ESS as follows: 1. Construction permits shall be obtained for stationary ESS installations with a capacity of more than 3 kWh; and for mobile ESS charging and storage installations with a capacity of more than 3 kWh, covered by Section 1207.10.1. Permits shall be obtained in accordance with Section 105.6.5. 2. Operational permits shall be obtained for stationary ESS installations with a capacity of more than 3 kWh; and for mobile ESS deployment operations with a capacity of more than 3 kWh, 7.1.b Packet Pg. 278 HOA.103903238.11 137 covered by Section 1207.10.3. Permits shall be obtained in accordance with Section 105.5.14. SECTION 235. Section 1207.1.3 is hereby amended to read as follows: 1207.1.3 Construction documents. The following information shall be provided with the permit application: 1. Location and layout diagram of the room or area in which the ESS is to be installed. 2. Details on the hourly fire-resistance ratings of assemblies enclosing the ESS. 3. The quantities and types of ESS to be installed. 4. Manufacturer’s specifications, ratings and listings of each ESS. 5. Description of energy (battery) management systems and their operation. 6. Location and content of required signage. 7. Details on fire suppression, smoke or fire detection, thermal management, ventilation, exhaust and deflagration venting systems, if provided. 8. Support arrangement associated with the installation, including any required seismic restraint. 9. A commissioning plan complying with Section 1207.2.1. 10. A decommissioning plan complying with Section 1207.2.3. 11. Other information required by the code official in accordance with Section 106. 7.1.b Packet Pg. 279 HOA.103903238.11 138 SECTION 236. Section 1207.1.4 is hereby amended to read as follows: 1207.1.4 Hazard mitigation analysis. A failure modes and effects analysis (FMEA) or other approved hazard mitigation analysis shall be provided in accordance with Section 104.8.2 under any of the following conditions: 1. Where ESS technologies not specifically identified in Table 1207.1 are provided. 2. More than one ESS technology is provided in a room or enclosed area where there is a potential for adverse interaction between technologies. 3. Where allowed as a basis for increasing maximum allowable quantities. See Section 1207.5.2. 4. When required by the fire code official. SECTION 237. Section 1207.1.4.1 is hereby amended to read as follows: 1207.1.4.1 Fault condition. The hazard mitigation analysis shall evaluate the consequences of the following failure modes. Only single failure modes shall be considered. 1. A thermal runaway condition in a single ESS rack, module or unit. 2. Failure of any battery (energy) management system. 3. Failure of any required ventilation or exhaust system. 4. Voltage surges on the primary electric supply. 5. Short circuits on the load side of the ESS. 7.1.b Packet Pg. 280 HOA.103903238.11 139 6. Failure of the smoke detection, fire detection, fire suppression or gas detection system. 7. Required spill neutralization not being provided or failure of a required secondary containment system. 8. Failure of temperature control. SECTION 238. Section 1207.1.4.2 is hereby amended to read as follows: 1207.1.4.2 Analysis approval. The fire code official is authorized to approve the hazardous mitigation analysis provided that the consequences of the hazard mitigation analysis demonstrate: 1. Fires will be contained within unoccupied ESS rooms or areas for the minimum duration of the fire-resistance-rated separations identified in Section 1207.7.4. 2. Fires in occupied work centers will be detected in time to allow occupants within the room or area to safely evacuate. 3. Toxic and highly toxic gases released during fires will not reach concentrations in excess of the IDLH level in the building or adjacent means of egress routes during the time deemed necessary to evacuate occupants from any affected area. 4. Flammable gases released from ESS during charging, discharging and normal operation will not exceed 2510 percent of their lower flammability limit (LFL). 5. Flammable gases released from ESS during fire, overcharging and other abnormal conditions will be controlled through the use of 7.1.b Packet Pg. 281 HOA.103903238.11 140 ventilation of the gases, preventing accumulation, or by deflagration venting. SECTION 239. Section 1207.1.5 is hereby amended to read as follows: 1207.1.5 Large-scale fire test. Where required elsewhere in Section 1207, large-scale fire testing shall be conducted on a representative ESS in accordance with UL 9540A. The testing shall be conducted or witnessed and reported by an approved testing laboratory. The test report shall include demonstration and show that a fire involving one ESS will not propagate to an adjacent ESS, and where an ESS is installed within buildings, enclosed areas and walk-in units, that a fire involving one ESS will be contained within the room, enclosed area or walk-in unit for a duration equal to the fire-resistance rating of the room separation specified in Section 1207.7.4. The test report shall be provided to the fire code officialdepartment for review and approval in accordance with Section 104.8.2. In making the determination regarding approval, the fire department may also require other considerations be provided. Such considerations may include, but are not limited to, those regarding the impact(s) of gases generated during abnormal conditions; the ability of first responders to respond to and mitigate incidents involving the ESS, with a reasonable level of safety; and the provision of adequate safeguards to prevent well- intended but detrimental interaction with ESS. SECTION 240. Section 1207.1.7 is hereby added to read as follows: 1207.1.7 Forensic analysis. The fire code official may also require a forensic analysis of the cause of failure by an independent laboratory approved by the fire code official in accordance with 7.1.b Packet Pg. 282 HOA.103903238.11 141 Section 104.11. A written report generated through the forensic analysis will be forwarded to the fire code official for approval and record keeping. SECTION 241. Section 1207.3.4 is hereby amended to read as follows: 1207.3.4 Energy storage management system. Where required by the ESS listing, an approved energy storage management system that monitors and balances cell voltages, currents and temperatures within the manufacturer’s specifications shall be provided. The system shall disconnect electrical connections to the ESS or otherwise place it in a safe condition if potentially hazardous temperatures or other conditions such as short circuits, over voltage or under voltage are detected. The system shall transmit a trouble signal to an approved location and to an approved annunciator panel if potentially hazardous temperatures or other conditions such as short circuits, over voltage or under voltage are detected. SECTION 242. Section 1207.3.4.1 is hereby added to read as follows: 1207.3.4.1 Annunciator panel. The approved annunciator panel shall visibly indicate any hazardous temperature and/or other conditions. The location of the annunciator panel shall be approved by the fire code official. SECTION 243. Section 1207.3.5 is hereby amended to read as follows: 1207.3.5 Enclosures. Enclosures of ESS shall be of noncombustible construction. Enclosures are as defined and/or determined by the fire code official. 7.1.b Packet Pg. 283 HOA.103903238.11 142 SECTION 244. Section 1207.4 is hereby amended to read as follows: 1207.4 General installations requirements. Stationary and mobile ESS shall comply with the requirements of Sections 1207.4.1 through 1207.4.1213. SECTION 245. Section 1207.4.1 is hereby amended to read as follows: 1207.4.1 Electrical disconnects and associated signage. Where the ESS disconnecting means is not within sight of the main electrical service disconnecting means, placards or directories shall be installed at the location of the main electrical service disconnecting means indicating the location of stationary storage battery system disconnecting meansIn addition to any disconnects and signage required in accordance with the California Electrical Code, disconnects, signage, and access shall be provided in accordance with Section 509, et seq. Exception: Electrical disconnects for lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities and operating at less than 50 VAC and 60 VDC shall be permitted to have electrical disconnects signage in accordance with NFPA 76. SECTION 246. Section 1207.4.2 is hereby amended to read as follows: 1207.4.2 Working clearances. Access and working space shall be provided and maintained about all electrical equipment to permit ready and safe operation and maintenance of such equipment in accordance with the California Electrical Code and, the manufacturer’s instructions, and Section 603. 7.1.b Packet Pg. 284 HOA.103903238.11 143 SECTION 247. Section 1207.4.6 is hereby amended to read as follows: 1207.4.6 Combustible storage. Combustible materials shall not be stored in ESS rooms, cabinets, enclosures, areas or walk-in units. Combustible materials in occupied work centers covered by Section 1207.4.10 shall be stored at least 3 feet (914 mm) from ESS cabinets. SECTION 248. Section 1207.4.7 is hereby amended to read as follows: 1207.4.7 Toxic and highly toxic gases. ESS that have the potential to release toxic and highly toxic gas during charging, discharging and normal use conditions shall be provided with a hazardous exhaust system in accordance with Chapter 5 of the California Mechanical Code, and shall comply with Chapter 60 of this code where applicable. SECTION 249. Section 1207.4.8 is hereby amended to read as follows: 1207.4.8 Signage. Approved permanent engraved signs shall be provided on or adjacent to all entry doors for ESS rooms or areas and on enclosures of ESS cabinets and walk-in units located outdoors, on rooftops or in open parking garages. Signs designed to meet both the requirements of this section and the California Electrical Code shall be permitted. Signage means, attachment, number and location shall also be subject to approval by the fire code official, and shall be retroactive where required by the fire code official. The signage shall include the following or equivalent: 1. "ENERGY STORAGE SYSTEM," "BATTERY STORAGE SYSTEM," "CAPACITOR ENERGY STORAGE SYSTEM" or the appropriate equivalent. 7.1.b Packet Pg. 285 HOA.103903238.11 144 2. The identification of the electrochemical, or other, ESS technology present., e.g., "Lead-Acid Batteries", "Nickel-Cadmium Batteries", "[specific type of lithium battery technology] Batteries", "[specific type of sodium battery technology] Batteries", "[specific type of flow battery technology] Batteries", flywheel ESS, etc. 3. "ENERGIZED ELECTRICAL CIRCUITS." 4. Where water-reactive electrochemical ESS are present, the signage shall include "APPLY NO WATER." 5. Current contact information, including phone number, for personnel authorized to service the equipment and for fire mitigation personnel required by Section 1207.1.6.1. Exception: Existing electrochemical ESS shall be permitted to include the signage required at the time they were installed. SECTION 250. Section 1207.4.13 is hereby added to read as follows: 1207.4.13 Emergency energy release. A plan and means must be provided to safely release stored energy from the batteries in an emergency situation, including where an ESS has been damaged by a fire or other event. SECTION 251. Section 1207.5.2 is hereby amended to read as follows: 1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas and walk-in units containing electrochemical ESS shall not exceed the maximum allowable quantities in Table 1207.5. 7.1.b Packet Pg. 286 HOA.103903238.11 145 Exceptions: 1. Where approved by the fire code official, rooms, areas and walk-in units containing electrochemical ESS that exceed the amounts in Table 1207.5 shall be permitted based on a hazardous mitigation analysis in accordance with Section 1207.1.4 and large-scale fire testing complying with Section 1207.1.5. 2. Lead-acid and nickel-cadmium battery systems installed in facilities under the exclusive control of communications utilities, and operating at less than 50 VAC and 60 VDC in accordance with NFPA 76. 3. Dedicated-use buildings in compliance with Section 1207.7.1. SECTION 252. Section 1207.5.4 is hereby amended to read as follows: 1207.5.4 Fire detection. An approved automatic smoke detection system or radiant energy-sensing fire detection system complying with Section 907.2 shall be installed in rooms, indoor areas and walk-in units containing electrochemical ESS. An approved radiant energy-sensing fire detection system shall be installed to protect open parking garage and rooftop installations. Alarm and supervisory signals from detection systems shall be transmitted to a central station, proprietary or remote station service in accordance with NFPA 72, or where approved to a constantly attended locationand to an approved annunciator panel. 7.1.b Packet Pg. 287 HOA.103903238.11 146 SECTION 253. Section 1207.5.7 is hereby amended to read as follows: 1207.5.7 Vegetation control. Areas within 10 feet (3048 mm) on each side of new and existing outdoor ESS shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground cover shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. SECTION 254. Section 1207.5.8 is hereby amended to read as follows: 1207.5.8 Means of egress separation. ESS located outdoors, on rooftops, and in open parking garages shall be separated from any means of egress as required by the fire code official to ensure safe egress under fire conditions, but in no case less than 10 feet (3048 mm). Exception: The fire code official is authorized to approve a reduced separation distance if large-scale fire testing complying with Section 1207.1.5 is provided that shows that a fire involving the ESS will not adversely impact occupant egress. 7.1.b Packet Pg. 288 HOA.103903238.11 147 SECTION 255. Table 1207.6 is hereby amended to read as follows: TABLE 1207.6 ELECTROCHEMICAL ESS TECHNOLOGY-SPECIFIC REQUIREMENTS COMPLIANCE REQUIRED b BATTERY TECHNOLOGY OTHER ESS AND BATTERY TECHNOLOGIES b CAPACITOR ESSb Feature Section Lead- acid Ni- Cd and Ni- MH Lithium- ion Flow Exhaust ventilation 1207.6.1 Yes Yes NoYes Yes Yes Yes Explosion control 1207.6.3 Yes a Yes a Yes Nof Yes Yes Safety caps 1207.6.4 Yes Yes No Nof Yes Yes Spill control and neutralization 1207.6.2 Yes c Yes c Nof Yes Yes Yes Thermal runaway 1207.6.5 Yesd Yes Yese Nof Yese Yes a. Not required for lead-acid and nickel-cadmium batteries at facilities under the exclusive control of communications utilities that comply with NFPA 76 and operate at less than 50 VAC and 60 VDC. b. Protection shall be provided unless documentation acceptable to the fire code official is provided in accordance with Section 104.8.2 that provides justification why the protection is not necessary based on the technology used. c. Applicable to vented-type (i.e., flooded) nickel-cadmium and lead-acid batteries. d. Not required for vented-type (i.e., flooded) lead-acid batteries. e. The thermal runaway protection is permitted to be part of a battery management system that has been evaluated with the battery as part of the evaluation to UL 1973. 7.1.b Packet Pg. 289 HOA.103903238.11 148 f. May be required by the fire code official where determined necessary based upon hazards inherent to the chemistry and/or technology involved. SECTION 256. Section 1207.6.1.1 is hereby amended to read as follows: 1207.6.1.1 Ventilation based on LFL. The exhaust ventilation system shall be designed to limit the maximum concentration of flammable gas to 2510 percent of the lower flammable limit (LFL) of the total volume of the room, area or walk-in unit during the worst-case event of simultaneous charging of batteries at the maximum charge rate, in accordance with nationally recognized standards. SECTION 257. Section 1207.6.1.2 is hereby amended to read as follows: 1207.6.1.2 Ventilation based on exhaust rate. Mechanical exhaust ventilation shall be provided at a rate of not less than 1 ft3/min/ft2 (5.1 L/sec/m2) of floor area of the room, area or walk-in unit. The ventilation shall be either continuous or shall be activated by a gas detection system in accordance with Section 1207.6.1.2.46. SECTION 258. Section 1207.6.1.2.1 is hereby amended to read as follows: 1207.6.1.2.13 Standby power. Mechanical exhaust ventilation shall be provided with a minimum of 26 hours of standby power in accordance with Section 1203.2.5, and shall be provided by a source other than the ESS served by the ventilation. 7.1.b Packet Pg. 290 HOA.103903238.11 149 SECTION 259. Section 1207.6.1.2.2 is hereby amended to read as follows: 1207.6.1.2.24 Installation instructions and controls. Required mechanical exhaust ventilation systems shall be installed in accordance with the manufacturer’s installation instructions and the California Mechanical Code. Clearly identified separate switches shall be provided both to activate the mechanical exhaust ventilation system, and to shut off the ventilation system. SECTION 260. Section 1207.6.1.2.3 is hereby amended to read as follows: 1207.6.1.2.35 Supervision. Required mechanical exhaust ventilation systems shall be supervised by an approved central station, proprietary or remote station service in accordance with NFPA 72, orand shall initiate an audible and visible signal at an approved constantly attended on-site location. SECTION 261. Section 1207.6.1.2.4 is hereby amended to read as follows: 1207.6.1.2.46 Gas detection system. Where required by Section 1207.6.1.2, and where necessary for compliance with other requirements of Section 1207, rooms, areas and walk-in units containing ESS shall be protected by an approved continuous gas detection system that complies with Section 916 and with the following: 1. The gas detection system shall be designed to activate the mechanical ventilation system when the level of flammable gas in the room, area or walk-in unit exceeds 2510 percent of the LFL, 7.1.b Packet Pg. 291 HOA.103903238.11 150 and/or, where determined necessary by the fire code official, when the level of toxic or highly toxic gas exceeds one-half of the IDLH. 2. The mechanical ventilation system shall remain on until the flammable gas detected is less than 2510 percent of the LFL, and/or, where determined necessary by the fire code official, when the level of toxic or highly toxic gas detected is less than one-half of the IDLH. 3. The gas detection system shall be provided with a minimum of 26 hours of standby power in accordance with Section 1203.2.5. 4. Failure of the gas detection system shall annunciate a trouble signal at an approved central station, proprietary or remote station service in accordance with NFPA 72, orand shall initiate an audible and visible trouble signal at an approved constantly attended on- site location. 5. Activation of the gas detection system shall result in all the following: 5.1. Initiation of distinct audible and visible alarms in the battery storage room. 5.2. Transmission of an alarm to an approved location. 5.3. De-energizing of the battery charger. 7.1.b Packet Pg. 292 HOA.103903238.11 151 SECTION 262. Section 1207.6.3 is hereby amended to read as follows: 1207.6.3 Explosion control. Where required by Table 1207.6 or elsewhere in this code, explosion control complying with Section 911 shall be provided for rooms, areas or walk-in units containing electrochemical ESS technologies. Exceptions: 1. Where approved, explosion control is permitted to be waived by the fire code official based on large-scale fire testing complying with Section 1207.1.5 that demonstrates that flammable gases are not liberated from electrochemical ESS cells or modules where tested in accordance with UL 9540A. 2. Where approved, explosion control is permitted to be waived by the fire code official based on documentation provided in accordance with Section 104.7104.8 that demonstrates that the electrochemical ESS technology to be used does not have the potential to release flammable gas concentrations in excess of 25 percent of the LFL anywhere in the room, area, walk-in unit or structure under thermal runaway or other fault conditions. 7.1.b Packet Pg. 293 HOA.103903238.11 152 SECTION 263. Table 1207.7 is hereby amended to read as follows: TABLE 1207.7 INDOOR ESS INSTALLATIONS COMPLIANCE REQUIRED DEDICATED- USE BUILDINGSa NONDEDICATED- USE BUILDINGSb Feature Section Dwelling units and sleeping units 1207.7.3 NA Yes Elevation 1207.5.3 Yes Yes Fire suppression systems 1207.5.5 Yesc Yes Fire-resistance-rated separations 1207.7.4 Yes Yes General installation requirements 1207.4 Yes Yes Maximum allowable quantities 1207.5.2 No Yes Size and separation 1207.5.1 No Yes Smoke and automatic fire detectione 1207.5.4 Yesd Yes Technology-specific protection 1207.6 Yes Yes FEATURE SECTION COMPLIANCE REQUIRED Prohibited ESS installation locations 1207.7.3 Yes Elevation 1207.5.3 Yes Fire suppression systems 1207.5.5 Yes Fire-resistance-rated separations 1207.7.4 Yes General installation requirements 1207.4 Yes Maximum allowable quantities 1207.5.2 Yes Size and separation 1207.5.1 Yes Smoke and automatic fire detectione 1207.5.4 Yes Technology-specific protection 1207.6 Yes NA = Not Allowed. 7.1.b Packet Pg. 294 HOA.103903238.11 153 a. See Section 1207.7.1.Reserved. b. See Section 1207.7.2.Reserved. c. Where approved by the fire code official, fire suppression systems are permitted to be omitted in dedicated-use buildings located more than 100 feet (30.5 m) from buildings, lot lines, public ways, stored combustible materials, hazardous materials, high-piled stock and other exposure hazards.Reserved. d. Where approved by the fire code official, alarm signals are not required to be transmitted to a central station, proprietary or remote station service in accordance with NFPA 72, or a constantly attended location where local fire alarm annunciation is provided and trained personnel are always present.Reserved. e. Lead-acid and nickel-cadmium battery systems installed in Group U buildings and structures less than 1,500 square feet (139 m2) under the exclusive control of communications utilities, and operating at less than 50 VAC and 60 VDC in accordance with NFPA 76, are not required to have an approved automatic smoke or fire detection system. SECTION 264. Section 1207.7.1 is hereby amended to read as follows: 1207.7.1 Dedicated-use buildingsReserved. For the purpose of Table 1207.7, dedicated-use ESS buildings shall be classified as Group F-1 occupancies and comply with all the following: 1. The building shall only be used for ESS, electrical energy generation and other electrical grid-related operations. 7.1.b Packet Pg. 295 HOA.103903238.11 154 2. Occupants in the rooms and areas containing ESS are limited to personnel that operate, maintain, service, test and repair the ESS and other energy systems. 3. No other occupancy types shall be permitted in the building. 4. Administrative and support personnel shall be permitted in areas within the buildings that do not contain ESS, provided that: 4.1. The areas do not occupy more than 10 percent of the building area of the story in which they are located. 4.2. A means of egress is provided from the incidental use areas to the public way that does not require occupants to traverse through areas containing ESS or other energy system equipment. SECTION 265. Section 1207.7.2 is hereby amended to read as follows: 1207.7.2 Nondedicated-use buildingsReserved. For the purpose of Table 1207.7, nondedicated-use buildings include all buildings that contain ESS and do not comply with Section 1207.7.1 dedicated-use building requirements. SECTION 266. Section 1207.7.3 is hereby amended to read as follows: 1207.7.3 Dwelling units and sleeping unitsProhibited ESS installation locations. ESS shall not be installed in sleeping units or in habitable spaces of dwelling unitsany of the following locations.: 1. Sleeping units. 7.1.b Packet Pg. 296 HOA.103903238.11 155 2. Dwelling units. 3. Electrical rooms. Exception: In nondedicated electrical rooms or areas, where determined by the fire code official. 4. Rooms and areas housing the fire alarm control panel, fire pump, emergency responder communications coverage control equipment, and other fire protection and life safety system equipment as determined by the fire code official. SECTION 267. Section 1207.7.4 is hereby amended to read as follows: 1207.7.4 Fire-resistance-rated separations. Rooms and areas containing ESS shall include fire-resistance-rated separations as follows: 1. In dedicated-use buildings, rooms and areas containing ESS shall be separated from areas in which administrative and support personnel are located. 2. In nondedicated-use buildings, rooms and areas containing ESS shall be separated from other areas in the building by fire- resistance-rated separations. Separation shall be provided by 2-hour fire barriers constructed in accordance with Section 707 of the California Building Code and 2-hour horizontal assemblies constructed in accordance with Section 711 of the California Building Code, as appropriate. 7.1.b Packet Pg. 297 HOA.103903238.11 156 SECTION 268. Section 1207.8.3 is hereby amended to read as follows: 1207.8.3 Clearance to exposures. ESS located outdoors shall be separated byinstalled and maintained a minimum of 10 feet (3048 mm) from the following exposures: 1. Lot lines. 2. Public ways. 3. Buildings. 4. Stored combustible materials. 5. Hazardous materials. 6. High-piled stock. 7. Other exposure hazards. 8. Vegetation, per Table 1207.8 and Section 1207.5.7. Exceptions: 1. Where approved by the fire code official, Cclearances are permitted to be reduced to 3 feet (914 mm) where a 1-hour free-standing fire barrier suitable for exterior use and extending 5 feet (1524 mm) above and 5 feet (1524 mm) beyond the physical boundary of the ESS installation is provided to protect the exposure. 2. Where approved by the fire code official, Cclearances to buildings are permitted to be reduced to 3 feet (914 mm) where noncombustible exterior walls with no openings or combustible overhangs are provided on the wall adjacent to the ESS and the fire-resistance rating of the exterior wall is a minimum of 2 hours. 7.1.b Packet Pg. 298 HOA.103903238.11 157 3. Where approved by the fire code official, Cclearances to buildings are permitted to be reduced to 3 feet (914 mm) where a weatherproof enclosure constructed of noncombustible materials is provided over the ESS, and it has been demonstrated that a fire within the enclosure will not ignite combustible materials outside the enclosure based on large-scale fire testing complying with Section 1207.1.5. SECTION 269. Section 1207.8.4 is hereby amended to read as follows: 1207.8.4 Exterior wall installations. ESS shall be permitted to be installed outdoors on exterior walls of buildings when all of the following conditions are met: 1. The maximum energy capacity of individual ESS units shall not exceed 20 kWh. 2. The ESS shall comply with applicable requirements in Section 1207. 3. The ESS shall be installed in accordance with the manufacturer’s instructions and their listing. 4. Individual ESS units shall be separated from each other by at least 3 feet (914 mm). 5. The ESS shall be separated from doors, windows, operable openings into buildings or HVAC inlets by at leastinstalled and maintained a minimum of 5 feet (1524 mm) from all doors, windows 7.1.b Packet Pg. 299 HOA.103903238.11 158 operable openings, HVAC inlets, and other penetrations directly or indirectly into habitable or occupiable spaces, or bathrooms. 6. The ESS shall be installed and maintained a minimum of 10 feet (3048 mm) from all of the following: 6.1. Lot lines. 6.2. Public ways. 6.3. Other buildings. 6.4. Stored combustible materials. 6.5. Hazardous materials. 6.6. High-piled stock. 6.7. Other exposure hazards. 6.7. Vegetation, as specified in Section 1207.5.7. Exception: Where approved, smaller separation distances in Items 4 and 5 shall be permitted based on large-scale fire testing complying with Section 1207.1.5.where such distances are documented and approved to be adequate for the ESS model(s) in question based on large-scale fire testing, in accordance with Section 1207.1.5. SECTION 270. Section 1207.9.4 is hereby amended to read as follows: 1207.9.4 Fire suppression systems. ESS located in walk-in units on rooftops or in walk-in units in open parking garages shall be provided with automatic fire suppression systems within the ESS enclosure in accordance with Section 1207.5.5. Areas containing ESS other than walk- 7.1.b Packet Pg. 300 HOA.103903238.11 159 in units in open parking structures on levels not open above to the sky shall be provided with an automatic fire suppression system complying with Section 1207.5.5. Exception: A fire suppression system is not required in open parking garages if large-scale fire testing complying with Section 1207.1.5 is providedapproved and includes evidence that shows that a fire will not impact the exposures in Section 1207.9.3. SECTION 271. Section 1207.9.5 is hereby amended to read as follows: 1207.9.5 Rooftop installations. ESS and associated equipment that are located on rooftops and not enclosed by building construction shall comply with the following: 1. Stairway access to the roof for emergency response and fire department personnel shall be provided either through a bulkhead from the interior of the building or a stairway on the exterior of the building. 2. Service walkways at least 5 feet (1524 mm) in width shall be provided for service and emergency personnel from the point of access to the roof to the system. 3. ESS and associated equipment shall be located from the edge of the roof a distance equal to at least the height of the system, equipment or component but not less than 510 feet (15243048 mm). 4. The roofing materials under and within 5 feet (1524 mm) horizontally from an ESS or associated equipment shall be 7.1.b Packet Pg. 301 HOA.103903238.11 160 noncombustible or shall have a Class A rating when tested in accordance with ASTM E108 or UL 790, and shall in all cases require the approval of the fire code official based upon large-scale fire testing approved in accordance with Section 1207.1.5. 5. A Class I standpipe outlet shall be installed at an approved location on the roof level of the building or in the stairway bulkhead at the top level. 6. The ESS shall be the minimum of 10 feet (3048 mm)25 feet (7620 mm) from all stairwells, egress pathways, and the fire service access point(s) on the rooftop. ESS shall not be installed within 25 feet (7620 mm) of any rooftop access bulkhead/hatch from the interior of the building. SECTION 272. Table 1207.10 is hereby amended to read as follows: TABLE 1207.10 MOBILE ENERGY STORAGE SYSTEMS (ESS) COMPLIANCE REQUIRED DEPLOYMENT a Feature Section All ESS installations 1207.4 Yesb Fire suppression systems 1207.5.5 Yesc Maximum allowable quantities 1207.5.2 Yes Maximum enclosure size 1207.5.6 Yes Means of egress separation 1207.5.8 Yes Size and separation 1207.5.1 Yesd Smoke and automatic fire detection 1207.5.4 Yese Technology-specific protection 1207.6 Yes Vegetation control 1207.5.7 Yes 7.1.b Packet Pg. 302 HOA.103903238.11 161 a. See Section 1207.10.2. b. Mobile operations on wheeled vehicles and trailers shall not be required to comply with Section 1207.4.4 seismic and structural load requirements. c. Fire suppression system connections to the water supply shall be permitted to use approved temporary connections. d. In walk-in units, spacing is not required between ESS units andare permitted to be installed on the walls of the enclosure, but separation is required between individual groups of ESS units described in Section 1207.5.1. e. Where authorized by the fire code official, Aalarm signals are not required to be transmitted to an approved location forwhen the mobile ESS deployed 30 days or less is in transit to a deployment location. Alarm signal transmission shall be required upon the mobile ESS going operational. SECTION 273. Section 1207.10.6 is hereby amended to read as follows: 1207.10.6 Charging and storage. Installations where mobile ESS are charged and stored shall be treated as permanent ESS indoor or outdoor installations, and shall comply with the following sections, as applicable: 1. Indoor charging and storage shall comply with Section 1207.7. 2. Outdoor charging and storage shall comply with Section 1207.8. 3. If permitted by the fire code official to occur, Ccharging and storage on rooftops and in open parking garages shall comply with Section 1207.9. 7.1.b Packet Pg. 303 HOA.103903238.11 162 Exceptions: 1. Electrical connections shall be permitted to be made using temporary wiring complying with the manufacturer’s instructions, the UL 9540 listing and the California Electrical Code. 2. Fire suppression system connections to the water supply shall be permitted to use approved temporary connections. SECTION 274. Section 1207.10.7.2 is hereby amended to read as follows: 1207.10.7.2 Restricted locations. Deployed mobile ESS operations shall not be located indoors, in covered parking garages, on rooftops, below grade or under building overhangs. SECTION 275. Section 1207.10.7.3 is hereby amended to read as follows: 1207.10.7.3 Clearance to exposures. Deployed mobile ESS shall be separated by a minimum of 10 feet (3048 mm) from the following exposures: 1. Public ways. 2. Buildings. 3. Stored combustible materials. 4. Hazardous materials. 5. High-piled storage. 6. Other exposure hazards. 7.1.b Packet Pg. 304 HOA.103903238.11 163 7. Lot lines, unless approved by the fire code official based upon notarized permission obtained by the applicant from the owner(s) and/or occupant(s) of the affected parcel(s). Deployed mobile ESS shall be separated by a minimum of 50 feet (15 240 mm) from public seating areas and from tents, canopies and membrane structures with an occupant load of 30 or more. SECTION 276. Section 1207.10.7.6 is hereby amended to read as follows: 1207.10.7.6 Fencing and impact protection. An approved fence with a locked gate or other approved barrier shall be provided to keep the general public at least 5 feet (1524 mm) from the outer enclosure of a deployed mobile ESS. The fire code official shall be authorized to require approved means of impact protection where deemed necessary. SECTION 277. Section 1207.11 is hereby amended to read as follows: 1207.11 ESS in Group R-3 and R-4 occupancies. ESS in Group R-3 and R-4 occupancies shall be installed and maintained in accordance with Sections 1207.11.1 through 1207.11.9. The temporary use of an owner or occupant’s electric-powered vehicle as an ESS shall be in accordance with Section 1207.11.10. Permits shall be required in accordance with Section 1207.1.2. 7.1.b Packet Pg. 305 HOA.103903238.11 164 SECTION 278. Section 1207.11.1 is hereby amended to read as follows: 1207.11.1 Equipment listings. ESS shall be listed and labeled in accordance with UL 9540. ESS listed and labeled solely for utility or commercial use shall not be used for residential applications. Exception: Where approved, repurposed unlisted battery systems from electric vehicles are allowed to be installed outdoors or in detached dedicated cabinets located not less than 5 feet (1524 mm) from exterior walls, property lines and public ways. SECTION 279. Section 1207.11.2.1 is hereby amended to read as follows: 1207.11.2.1 Spacing. Individual units shall be separated from each other by at least 3 feet (914 mm) of spacing unless smaller separation distances are documented and approved to be adequate for the ESS model(s) in question based on large-scale fire testing complying, in accordance with Section 1207.1.5. SECTION 280. Section 1207.11.3 is hereby amended to read as follows: 1207.11.3 Location. ESS shall be installed only in the following locations: 1. DInside detached garages and detached accessory structures. 2. AInside attached garages when separated from the dwelling unit living space and sleeping units in accordance with Section R302.6. 3. Outdoors or on the exteriorouter side of the exterior building walls located not less than 3 feet (914 mm) from doors and windows 7.1.b Packet Pg. 306 HOA.103903238.11 165 directly entering the dwelling unitin accordance with Section 1207.11.3.1. 4. Enclosed utility closets, basements, storage or utility spaces within dwelling units with finished or noncombustible walls and ceilings. Walls and ceilings of unfinished wood-framed construction shall be provided with not less than 5/8-inch (15.9 mm) Type X gypsum wallboard. ESS shall not be installed in sleeping rooms, closets, sinside any of the following locations: 1. Dwelling units, including accessory dwelling units (ADU’s). 2. Sleeping units. 3. Spaces opening directly into sleeping rooms or in habitable spaces of dwelling units. 4. Closets. 5. Bathrooms. 6. Basements. 7. Accessory structures that are not garages. 8. Vaults. SECTION 281. Section 1207.11.3.1 is hereby added to read as follows: 1207.11.3.1 Outdoors or on outer side of exterior building walls. ESS shall be permitted to be installed outdoors, or on the outer side of exterior building walls, when all of the following conditions are met, in addition to those otherwise required by Section 1207.11: 7.1.b Packet Pg. 307 HOA.103903238.11 166 1. The ESS shall be installed and maintained a minimum of 5 feet (1524 mm) from all of the following: 1.1. Lot lines. 1.2. Public ways. 1.3. Other buildings. 1.4. Stored combustible materials. 1.5. Hazardous materials. 2. The ESS shall be installed and maintained a minimum of 10 feet (3048 mm) from vegetation, as specified in Section 1207.5.7. 3. The ESS shall be installed and maintained a minimum of 3 feet (914 mm) from all doors, windows, operable openings, HVAC inlets and other penetrations directly or indirectly into habitable or occupiable spaces, or bathrooms. Exception: The fire code official shall have the authority to authorize smaller separation distances where such distances are documented and approved to be adequate for the ESS model(s) in question based on large-scale fire testing, in accordance with Section 1207.1.5. SECTION 282. Section 1207.11.4 is hereby amended to read as follows: 1207.11.4 Energy ratings. Individual ESS units shall have a maximum rating of 20 kWh. The aggregate rating per Group R-3/R-4 occupancy structure shall not exceed: 1. 40 kWh within utility closets and storage or utility spaces. 7.1.b Packet Pg. 308 HOA.103903238.11 167 21. 80 kWh in attached or detached garages and detached accessory structures. 32. 80 kWh on outer side of exterior building walls. 43. 80 kWh outdoors on the ground. Energy capacity is the total energy capable of being stored (nameplate rating), not the usable energy rating. ESS installations exceeding the permitted individual or aggregate ratings shall be installed in accordance with Sections 1207.1 through 1207.9 of the California Fire Code. SECTION 283. Section 1207.11.5.1 is hereby added to read as follows: 1207.11.5.1 Electrical disconnects, signage, and working clearances. In addition to any disconnects and signage required in accordance with the California Electrical Code, disconnects, signage, and access shall be provided in accordance with Section 509, et seq. Access and working space shall be provided and maintained about all electrical equipment to permit ready and safe operation and maintenance of such equipment in accordance with the California Electrical Code, the manufacturer’s instructions, and Section 603. SECTION 284. Section 1207.11.6 is hereby amended to read as follows: 1207.11.6 Fire detection. ESS installed in Group R-3 and R-4 occupancies shall comply with the following: 7.1.b Packet Pg. 309 HOA.103903238.11 168 1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section 907.2.11one of the following: 1. An approved heat alarm. 2. An approved heat detector that is a component of a fire alarm system in the residence that will activate a notification device that will alert the residents of an emergency. 23. A listed heat alarmA fire sprinkler, properly spaced and integrated to a residential fire sprinkler system outfitted with a flow detector that activates a notification device that will alert the residents of an emergency. interconnected to the smoke alarmsNotification in all three options shall be installedprovided in locations within dwelling units, sleeping units and attached garages where smoke alarms cannot be installed based on their listing. SECTION 285. Section 1207.11.7 is hereby amended to read as follows: 1207.11.7 Protection from impact. ESS installed in a location subject to vehicle damage in accordance with Sections 1207.11.7.1 orthrough 1207.11.7.23 shall be provided with impact protection in accordance with Section 1207.11.7.34. For the purposes of vehicle impact protection, an energy storage management system that controls an ESS, if located remotely from the ESS unit(s) it controls, shall be treated as an ESS unit. 7.1.b Packet Pg. 310 HOA.103903238.11 169 Exception: Impact protection is not required for an ESS unit where no portion of the ESS unit is less than 36 inches (914 mm) above the finished floor, unless determined necessary per Section 1207.11.7.3. SECTION 286. Section 1207.11.7.1 is hereby amended to read as follows: 1207.11.7.1 Garages interior–installed ESS. Where an ESS is installed in the normal driving path of vehicle travel within a garage, impact protection complying with Section 1207.11.7.3 shall be provided. The normal driving path is a space between the garage vehicle opening and the interior face of the back wall to a height of 48 inches (1219 mm) above the finished floor. The width of the normal driving path shall be equal to the width of the garage door opening. Impact protection shall also be provided for ESS installed at either of the following locations (See Figure 1207.11.7.1): 1. On the interior face of the back wall and located within 36 inches (914 mm) to the left or to the right of the normal driving path. 2. On the interior face of a side wall and located within 24 inches (609 mm) (from the back wall and within 36 inches (914 mm) of the normal driving path. Exception: Where the clear height of the vehicle garage opening is 7 feet 6 inches (2286 mm) or less, ESS installed not less than 36 inches (914 mm) above finished floor are not subject to vehicle impact protection requirements. 7.1.b Packet Pg. 311 HOA.103903238.11 170 For ESS unit(s) installed inside a garage or similar structure, impact protection shall be provided in accordance with Figures 1207.11.1(1) through 1207.11.7.1(3), and as described herein. "L" represents the length of the garage-entrance return wall and is measured from the inside corner where the return wall meets the adjacent "side" wall that runs roughly parallel to the driving path. Where any portion of the ESS unit is installed outside of the triangles created in accordance with Figure 1207.11.7.1(1), impact protection shall be provided. Exceptions: Where the ESS unit is located within one of the aforementioned triangles, but any of the following are true, impact protection requirements shall be evaluated on a case-by-case basis: 1. L > 6 feet (1829 mm). See Figure 1207.11.7.1(2). 2. The driving path within the garage is deeper than 25 feet (7620 mm). See Figure 1207.11.7.1(3). 7.1.b Packet Pg. 312 HOA.103903238.11 171 SECTION 287. Figure 1207.11.7.1 is hereby deleted in entirety as follows: FIGURE 1207.11.7.1 7.1.b Packet Pg. 313 HOA.103903238.11 172 SECTION 288. Figure 1207.11.7.1(1) is hereby added to appear as follows: FIGURE 1207.11.7.1(1) GARAGE INTERIOR–INSTALLED ESSa For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm. 7.1.b Packet Pg. 314 HOA.103903238.11 173 a. Impact protection is not required for an ESS unit (or for a remote Energy Storage Management System) that is entirely located 36 inches or greater above the finished driving surface. Exception: Where determined necessary by the fire code official due to special circumstances. SECTION 289. Figure 1207.11.7.1(2) is hereby added to appear as follows: FIGURE 1207.11.7.1(2) LONG GARAGE RETURN WALLa,b For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm. 7.1.b Packet Pg. 315 HOA.103903238.11 174 a. Impact protection is not required for an ESS unit (or for a remote Energy Storage Management System) that is entirely located 36 inches or greater above the finished driving surface. Exception: Where determined necessary by the fire code official due to special circumstances. b. Where this figure is applicable, this case-by-case evaluation shall be in addition to the requirements of Figure 1207.11.7.2.1(1). 7.1.b Packet Pg. 316 HOA.103903238.11 175 SECTION 290. Figure 1207.11.7.1(3) is hereby added to appear as follows: FIGURE 1207.11.7.1(3) DEEP GARAGEa,b 7.1.b Packet Pg. 317 HOA.103903238.11 176 For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm. a. Impact protection is not required for an ESS unit (or for a remote Energy Storage Management System) that is entirely located 36 inches or greater above the finished driving surface. Exception: Where determined necessary by the fire code official due to special circumstances. b. Where this figure is applicable, this case-by-case evaluation shall be in addition to the requirements of Figure 1207.11.7.2.1(1). SECTION 291. Section 1207.11.7.2 is hereby amended to read as follows: 1207.11.7.2 Other locations subject to vehicle impactExterior- installed ESS. Where an ESS is installed in a location other than as defined in Section 1207.11.7.1, and is subject to vehicle damage, impact protection shall be provided in accordance with Section 1207.11.7.3. Impact Protection shall be required for any ESS unit(s) that are located within 36" of the full width or depth/length of any vehicular path of travel, and subject to vehicular impact, per Figure 1207.11.7.2. 7.1.b Packet Pg. 318 HOA.103903238.11 177 SECTION 292. Figure 1207.11.7.2 is hereby added to appear as follows: FIGURE 1207.11.7.2 EXTERIOR-INSTALLED ESSa For SI: 1 inch = 25.4 mm. 7.1.b Packet Pg. 319 HOA.103903238.11 178 a. Impact protection is not required for an ESS unit (or for a remote Energy Storage Management System) that is entirely located 36 inches or greater above the finished driving surface. Exception: Where determined necessary by the fire code official due to special circumstances. SECTION 293. Section 1207.11.7.3 is hereby amended to read as follows: 1207.11.7.3 Impact protection optionsSpecial circumstances. Where ESS is required to be protected from impact in accordance with Section 1207.11.7.1 or 1207.11.7.2, such protection shall comply with one of the following: 1. Bollards constructed in accordance with one of the following: 1.1. Minimum 48 inches (1219 mm) in length by 3 inches (76 mm) in diameter Schedule 80 steel pipe embedded in a concrete pier not less than 12 inches (304 mm) deep and 6 inches (152 mm) in diameter, with at least 36 inches (914 mm) of pipe exposed, filled with concrete and spaced at a maximum interval of 5 feet (1524 mm). Each bollard shall be located not less than 6 inches (152 mm) from an ESS. 1.2. Minimum 36 inches (914 mm) in height by 3 inches (76 mm) in diameter Schedule 80 steel pipe fully welded to a minimum 8-inch (203 mm) by 1/4-inch (6.4 mm) thick steel plate and bolted to a concrete floor by means of 41/2-inch (13 mm) concrete anchors with 3-inch (76 mm) minimum embedment. Spacing shall not be greater than 60 inches 7.1.b Packet Pg. 320 HOA.103903238.11 179 (1524 mm), and each bollard shall be located not less than 6 inches (152 mm) from the ESS. 1.3. Pre-manufactured steel pipe bollards shall be filled with concrete and anchored in accordance with the manufacturer's installation instructions, with spacing not greater than 60 inches (1524 mm), and each bollard shall be located not less than 6 inches (152 mm) from the ESS. 2. Wheel barriers constructed in accordance with one of the following: 2.1. Four inches (102 mm) in height by 5 inches (127 mm) in width by 70 inches (1778 mm) in length wheel barrier made of concrete or polymer, anchored to the concrete floor not less than every 36 inches (914 mm) and located not less than 54 inches (1372 mm) from the ESS. Minimum 31/2- inch (89 mm) diameter concrete anchors with a 3-inch (76 mm) embedment per barrier shall be used. Spacing between barriers shall be no greater than 36 inches (914 mm). 2.2. Pre-manufactured wheel barriers shall be anchored in accordance with the manufacturer’s installation instructions. 3. Approved method designed to resist a 2,000-pound (8899 Newtons) impact in the direction of travel at 24 inches (608 mm) above grade. 7.1.b Packet Pg. 321 HOA.103903238.11 180 The need of impact protection for any ESS unit installation scenario not specifically addressed in Sections 1207.11.7.1 and 1207.11.7.2 and associated figures, shall be determined by the fire code official. SECTION 294. Section 1207.11.7.4 is hereby added to read as follows: 1207.11.7.4 Design of impact protection. All impact protection shall be of the pipe-bollard type complying with Section 1207.11.7.4.1, or retrofit-bollard type complying with Section 1207.11.7.4.2, unless provided by other approved structures (e.g., concrete wall). Spacing between bollards shall not exceed 4 feet (1219 mm) on center and be no closer than 6 inches (152 mm) from an ESS unit. Bollards shall not encroach upon the working clearances required by Sections 1207.11.5.1 and 603. The need for multiple bollards for an ESS unit or a series of ESS units shall be determined by the fire code official. SECTION 295. Section 1207.11.7.4.1 is hereby added to read as follows: 1207.11.7.4.1 Pipe bollard. Pipe-bollard type impact protection shall be 48 inches (1219 mm) in length, by 3 inches (76 mm) in diameter, schedule 80 steel pipe, embedded in a concrete pier 12 inches (304 mm) deep and 6 inches (152 mm) in diameter with 36 inches (914 mm) of pipe exposed, filled with concrete. SECTION 296. Section 1207.11.7.4.2 is hereby added to read as follows: 1207.11.7.4.2 Retrofit bollard. Retrofit-bollard type impact protection shall be 36 inches (914 mm) in height, by 3 inches (76 mm) in diameter, schedule 80 steel pipe fully welded to an 8-inch-square 7.1.b Packet Pg. 322 HOA.103903238.11 181 (203 mm) by ¼ -inch-thick (6.4 mm) steel plate and bolted to a concrete floor by means of four 41/2-inch (114 mm) steel anchors. The anchor bolts shall be suitable for use in concrete and shall obtain a minimum of 3-inch (76 mm) nominal embedment per the manufacturer’s installation instructions. SECTION 297. Section 1207.11.8 is hereby amended to read as follows: 1207.11.8 Ventilation. Indoor installations of ESS that include batteries that produce hydrogen or other flammable gases during charging, discharging, or other normal use conditions shall be provided with exhaust ventilation in accordance with Section 1207.6.1. SECTION 298. Section 2007.1 is hereby amended to read as follows: 2007.1 General. Helistops and heliports shall be maintained in accordance with Sections 2007.2 through 2007.811. Helistops and heliports on buildings shall be constructed in accordance with the California Building Code. SECTION 299. Section 2007.9 is hereby added to read as follows: 2007.9 Emergency Helicopter Landing Facility (EHLF). An approved Emergency Helicopter Landing Facility (EHLF) shall be provided on the roof of any building hereinafter constructed, where the roof exceeds 12 stories or 120 feet above the lowest level of fire department access. It shall be designed and constructed in accordance with the Los Angeles County Building Code and Title 24 of the California Code of Regulations, and shall be capable of sufficiently accommodating the appropriate emergency helicopter as determined by the fire code official. 7.1.b Packet Pg. 323 HOA.103903238.11 182 SECTION 300. Section 2007.9.1 is hereby added to read as follows: 2007.9.1 Other rooftop structures and additions. Where any roof at which a helistop; heliport; required low-hover, light-wheel landing site; or EHLF exists or is to be established, no parapet, guard or other structure that would extend any height above the horizontal plane of the landing surface, or that would extend more than 42 inches (1067 mm) above the adjacent roof deck, shall be installed without first obtaining written approval of the fire code official. No structures, including but not limited to tents or membrane structures, additions, or uses, shall be allowed to interfere with the necessary and safe operation of the helicopter landing facility. SECTION 301. Section 2007.10 is hereby added to read as follows: 2007.10 Ground-based helicopter facilities. A ground-based helicopter landing facility subject to this code, that is required for use to some degree by public emergency services, shall be constructed in accordance with Sections 2007.10.1 through 2007.10.3. These requirements may also be applied to such facilities that are elevated. 2007.10.1 Surface. When required by the fire code official, a graded pad, measuring a minimum of 100 feet (30 480 mm) by 100 feet (30 480 mm), shall be covered with reinforced concrete, with a minimum depth of 6 inches (152.4 mm), capable of supporting 42,000 pounds (19 050.88 kg). 7.1.b Packet Pg. 324 HOA.103903238.11 183 2007.10.2 Hydrant. When required by the fire code official, a fire hydrant shall be installed adjacent to the pad as approved by the fire code official. 2007.10.3 Access. When required by the fire code official, a fire apparatus access road leading to the helistop or heliport shall be provided in accordance with Section 503. SECTION 302. Section 2007.11 is hereby added to read as follows: 2007.11 Maintenance and notification. Where a new or existing helistop; heliport; required low-hover, light-wheel landing site; EHLF; or other helicopter landing facility is established, no structures, including but not limited to tents or membrane structures; or uses, shall be allowed to interfere with the necessary and safe operation of the facility. Immediate notification of any such interference shall be provided to the jurisdictional fire department emergency dispatch, including nature, extent, and expected time period of such interference. 2007.11.1 Fire Department permit required. Where a new or existing helicopter facility is or was intended for emergency use, even if not exclusively; and/or is or was required by code, all nonemergency uses and/or requests shall first obtain a permit from the fire code official. Where a permit is granted, the permit shall include conditions under which nonemergency use can be conducted, as determined by the fire code official. Issuance of a permit allowing nonemergency use of a rooftop helicopter facility shall be determined at the level of the Fire Marshal, on a case-by-case basis. 7.1.b Packet Pg. 325 HOA.103903238.11 184 SECTION 303. Section 2108.5 is hereby added to read as follows: 2108.5 Smoking. Smoking in dry-cleaning plants shall only be within designated smoking rooms. "NO SMOKING" signs shall be posted in rooms containing flammable or combustible liquids. See Section 310.3. SECTION 304. Section 2203.3.1 is hereby amended to read as follows: 2203.3.1 Dust-collection systems. DSuitable dust-collection systems shall be designed to collect dust emissions from dust-producing equipment at the point of generation and shall be installed on all dust-producing machinery. Dust-collection systems shall be in accordance with Section 511Chapter 5 of the California Mechanical Code. Equipment used in operations that generate explosive or flammable vapors, fumes, or dusts shall be interlocked with the machinery power supply so that the machinery cannot be operated without the dust- collection equipment also operating. Exception: Closed systems using listed equipment and designed in accordance with manufacturer’s recommendations and specifications, where cleanouts are provided in accordance with Section 2203.3.3. Heating, ventilation, and air conditioning (HVAC) systems shall not be used as the means to collect dusts from localized sources. SECTION 305. Section 2203.4.1.1 is hereby added to read as follows: 2203.4.1.1 Electrical grounding. Artificial lighting in areas containing dust-producing or dust-agitating operations shall be by electricity with wiring and electrical equipment installed in accordance with 7.1.b Packet Pg. 326 HOA.103903238.11 185 the Electrical Code. Machinery and metal parts of crushing, drying, pulverizing, and conveying systems shall be electrically grounded in accordance with the Electrical Code. SECTION 306. Section 2203.4.2 is hereby amended to read as follows: 2203.4.2 Static electricity. Bonding and grounding is required to minimize accumulation of static electric charge in the following locations: 1. Dust-producing equipment. 2. Dust-collection system. 3. Pneumatic dust-conveying systems conveying combustible dust from one location to another, combustible dust conveyors, piping and conductive components. Conveying systems include transport modes such as railcars, hopper cars, boxcars, tank cars and trucks into which or from which commodities or products are pneumatically conveyed. 4. Conveying systems using metallic piping. Static electricity shall be removed from machinery and other component parts by permanent grounds or bonds or both. The design and installation of such grounds shall be in accordance with approved standards. SECTION 307. Section 2203.4.10 is hereby added to read as follows: 2203.4.10 Separators. Approved means, such as magnetic or pneumatic separators, shall be installed ahead of shellers, crackers, crushers, grinding machines, pulverizers, and similar 7.1.b Packet Pg. 327 HOA.103903238.11 186 machines in which the entrance of foreign materials could cause sparks to be generated. SECTION 308. Section 2404.4 is hereby amended to read as follows: 2404.4 Fire protection. Spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system complying with Chapter 9. Protection shall extend to exhaust plenums, exhaust ducts, and both sides of dry filters where such filters are used. Spray booths shall be provided with automatic fire sprinkler system protection when the spray booth is located in a portion of a building that is protected with an automatic fire sprinkler system. SECTION 309. Section 2408.5 is hereby amended to read as follows: 2408.5 Sources of ignition. Smoking shall be prohibited and "NO SMOKING" signs shall be prominently displayed in compliance with Section 310.3 in areas where organic peroxides are stored, mixed, or applied. Only nonsparking tools shall be used in areas where organic peroxides are stored, mixed or applied. SECTION 310. Section 2504.6 is hereby added to read as follows: 2504.6 Smoking. Smoking shall be prohibited in ripening rooms. SECTION 311. Section 2507.2 is hereby added to read as follows: 2507.2 "No Smoking" signs. NO SMOKING signs shall be posted at every entrance, in compliance with Section 310.3. 7.1.b Packet Pg. 328 HOA.103903238.11 187 SECTION 312. Section 2603.3.3 is hereby amended to read as follows: 2603.3.3 Watch personnelReserved. During the period fumigation is in progress, except where fumigation is conducted in a gastight vault or tank, a responsible watchperson shall remain on duty at the entrance or entrances to the enclosed fumigated space until after the fumigation is completed and the building, structure or space is properly ventilated and safe for occupancy. Sufficient watchers shall be provided to prevent persons from entering the enclosed space under fumigation without being observed. SECTION 313. Section 2803.3.3 is hereby added to read as follows: 2803.3.3 Combustible waste. The storage, accumulation, and handling of combustible materials and control of vegetation shall be in accordance with Section 304. SECTION 314. Section 2810.1.1 is hereby added to read as follows: 2810.1.1 Permits. Permits shall be required as set forth in Sections 105.5 and 105.6. SECTION 315. Section 3102.1 is hereby amended to read as follows: 3102.1 Definitions. The following terms are defined in Chapter 2: AIR-INFLATED STRUCTURE. AIR-SUPPORTED STRUCTURE. CROWD MANAGER. INFLATABLE AMUSEMENT DEVICE. MEMBRANE STRUCTURE. 7.1.b Packet Pg. 329 HOA.103903238.11 188 SPECIAL AMUSEMENT AREA. TEMPORARY SPECIAL EVENT STRUCTURE. TENT. SECTION 316. Section 3104.5 is hereby added to read as follows: 3104.5 Helicopter landing facilities. Where a helistop; heliport; required low-hover, light-wheel landing site; Emergency Helicopter Landing Facility (EHLF); or other helicopter landing facility is established, no structures, including tents or membrane structures, or uses, shall be allowed to interfere with the necessary and safe operation of the facility. See Section 2007. SECTION 317. Section 3107.15.2.1 is hereby amended to read as follows: 3107.15.2.1 Quantity limit. Fuel in the fuel tank and vehicle-technology hazards shall not exceed one- quarter of the tank capacity or 5 gallons (19 L), whichever is lesscomply with the restrictions specified in Section 314.4. SECTION 318. Section 3107.18 is hereby amended to read as follows: 3107.18 Combustible vegetation. Combustible vegetation that could create a fire hazard shall be removed from the area occupied by a tent or membrane structure, and from areas within 3050 feet (914415 240 mm) of such tent or membrane structures. When a tent or membrane structure is located in a wildfire risk area, combustible vegetation shall be removed from areas within 50 feet (15 240 mm) from such structures or from areas within up to 200 7.1.b Packet Pg. 330 HOA.103903238.11 189 feet (60 960 mm) from such tent or membrane structures when required by the fire code official. SECTION 319. Section 3201.2 is hereby amended to read as follows: 3201.2 Permits. A permit shall be required as set forth in Sections 105.5 and 105.6. Prior to approval of storage racks, a building permit is required in occupancies regulated by this chapter. Proof of all required permits must be provided to the fire code official upon request. The approved permit must be kept on the premises and be available at all times for inspection by the fire code official. SECTION 320. Table 3206.2 is hereby amended to read as follows: TABLE 3206.2 GENERAL FIRE PROTECTION AND LIFE SAFETY REQUIREMENTS COMMODITY CLASS SIZE OF HIGH-PILED STORAGE AREAa (square feet) (see Sections 3206.2 and 3206.3) ALL STORAGE AREAS (See Sections 3206, 3207 and 3208)b SOLID-PILED STORAGE, SHELF STORAGE AND PALLETIZED STORAGE (see Section 3207.3) Automatic fire- extinguishi ng system (see Section 3206.4) Fire detection system (see Section 3206.5) Fire department access doors (see Section 3206.7) Smoke and heat removal (see Section 3206.8) Maximum pile dimensionc (feet) Maximum permissible storage heightd (feet) Maximum pile volume (cubic feet) I-IV 0-500 Not Requireda Not Required Not Required Not Required Not Required Not Required Not Required 501-2,500 Not Requireda Yesg Not Required Not Required 120 40 100,000 2,501-12,000 Open to the public Yes Not Required Not Required Not Required 120 40 400,000 2,501-12,000 Not open to the public (Option 1) Yes Not Required Not Required Not Required 120 40 400,000 7.1.b Packet Pg. 331 HOA.103903238.11 190 COMMODITY CLASS SIZE OF HIGH-PILED STORAGE AREAa (square feet) (see Sections 3206.2 and 3206.3) ALL STORAGE AREAS (See Sections 3206, 3207 and 3208)b SOLID-PILED STORAGE, SHELF STORAGE AND PALLETIZED STORAGE (see Section 3207.3) Automatic fire- extinguishi ng system (see Section 3206.4) Fire detection system (see Section 3206.5) Fire department access doors (see Section 3206.7) Smoke and heat removal (see Section 3206.8) Maximum pile dimensionc (feet) Maximum permissible storage heightd (feet) Maximum pile volume (cubic feet) 2,501-12,000 Not open to the public (Option 2) Not Requireda Yes Yes Yesh,i 120 30e 200,000 12,001-500,000 Yes Not Required Yes Yesh,i 120 40 400,000 Greater than 500,000f Yes Not Required Yes Yesh,i 120 40 400,000 High hazard 0-500 Not Requireda Not Required Not Required Not Required 60 Not Required Not Required 501-2,500 Open to the public Yes Not Required Not Required Not Required 60 30 75,000 501-2,500 Not open to the public (Option 1) Yes Not Required Not Required Not Required 60 30 75,000 501-2,500 Not open to the public (Option 2) Not Requireda Yesg Yes Yesh,i 60 20 50,000 2,501-300,000 Yes Not Required Yes Yesh,i 60 30 75,000 Greater than 300,000f Yes Not Required Yes Yesh,i 60 30 75,000 For SI: 1 foot = 304.8 mm, 1 cubic foot = 0.02832 m3, 1 square foot = 0.0929 m2. a. Where automatic sprinklers are required for reasons other than those in Chapter 32, the portion of the sprinkler system protecting the high-piled storage area shall be designed and installed in accordance with Sections 3207 and 3208. b. For aisles, see Section 3206.10. c. Piles shall be separated by aisles complying with Section 3206.10. 7.1.b Packet Pg. 332 HOA.103903238.11 191 d. For storage in excess of the height indicated, special fire protection shall be provided in accordance with Note f where required by the fire code official. See Chapters 51 and 57 for special limitations for aerosols and flammable and combustible liquids, respectively. e. For storage exceeding 30 feet in height, Option 1 shall be used. f. Special fire protection provisions including, but not limited to, fire protection of exposed steel columns; increased sprinkler density; additional in-rack sprinklers, without associated reductions in ceiling sprinkler density; or fire department hose connections shall be provided where required by the fire code official. g. Not required where an automatic fire-extinguishing system is designed and installed to protect the high-piled storage area in accordance with Sections 3207 and 3208. h. Not required where storage areas with an exit travel distance of 250 feet (76 200 mm) or less are protected by either early suppression fast response (ESFR) sprinkler systems or control mode special application sprinklers with a response time index of 50 (m • s)1/2 or less that are listed to control a fire in the stored commodities with 12 or fewer sprinklers, installed in accordance with Section 903.3.1.1.Reserved. i. Not required in frozen food warehouses used solely for storage of Class I and II commodities where protected by an approved automatic sprinkler system. SECTION 321. Section 3206.8 is hereby amended to read as follows: 3206.8 Smoke and heat removal. Where smoke and heat removal is required by Table 3206.2 it, smoke and heat vents shall be provided in accordance with Section 910. SECTION 322. Section 3302.1 is amended to read as follows: 3302.1 Terms defined in Chapter 2. Words and terms used in this chapter and defined in Chapter 2 shall have the meanings ascribed to them as defined therein., including: FIRE WATCH. 7.1.b Packet Pg. 333 HOA.103903238.11 192 SECTION 323. Section 3305.5 is amended to read as follows: 3305.5 Fire watch. Where required by the fire code official or the site safety plan established in accordance with Section 3303.1, a fire watch shall be provided for building demolition and for building construction. See Section 401.10 for fire watch responsibilities and procedures, and Section 3504.2 for fire watch specific to hot work. SECTION 324. Section 3305.5.2.1 is hereby amended to read as follows: 3305.5.2.1 Duties. The primary duty of fire watch personnel shall be to perform constant patrols and watch for the occurrence of fire. The combination of fire watch duties and site security duties is acceptable. SECTION 325. Section 3313.6 is hereby added to read as follows: 3313.6 Fire hose. When required by the fire code official, approved fire hoses with attached nozzles shall be maintained for immediate use at a construction site or a demolition site. Such hoses and nozzles shall be connected to an approved water supply. Where a fire hydrant is permitted to be used as the source of water supply, the fire hose connection to the fire hydrant shall not impede the Fire Department from using the hydrant. SECTION 326. Section 3501.3 is hereby amended to read as follows: 3501.3 Restricted areas. Hot work shall only be conducted in areas designed or authorized for that purpose by the personnel responsible for a hot work program. Hot work shall not be 7.1.b Packet Pg. 334 HOA.103903238.11 193 conducted in the following areas unless approval has been obtained from the fire code official: . . . 3. Areas with readily ignitable materials, such as storage of large quantities of bulk sulfur, baled paper, cotton, lint, dust or loose combustible materials, or wildfire risk areas. . . . SECTION 327. Section 3505.9 is hereby added to read as follows: 3505.9 Flashback prevention. Approved protective devices shall be installed in the fuel gas and oxygen lines to prevent flashback in the fuel system and backflow in the fuel and oxygen system in accordance with nationally recognized safe practices. SECTION 328. Section 3604.2 is hereby amended to read as follows: 3604.2 Standpipes. Marinas and boatyards shall be equipped throughout with standpipe systems in accordance with NFPA 303. Systems shall be provided with hose connections located such that no point on the marina pier or float system exceeds 150 feet (15 240 mm) from a standpipe hose connection. Standpipe systems shall be of a wet type unless the system is installed in an area that is subject to freezing temperatures. SECTION 329. Section 3604.2.2 is hereby added to read as follows: 3604.2.2 Floats. Portions of floats more than 250 feet (76 200 mm) travel distance from fire apparatus access shall be provided with an approved wet standpipe system. 7.1.b Packet Pg. 335 HOA.103903238.11 194 3604.2.2.1 Hose stations. Hose stations shall be spaced to provide protection to all portions of floats or floating vessels. Hoses shall be mounted on a reel or rack and enclosed within an approved cabinet. Hose stations shall be labeled "FIRE HOSE – EMERGENCY USE ONLY." Only listed equipment shall be used. Each hose station shall be provided with a 2½-inch (63.5 mm) fire hose valve with a connected 2½-inch to 1½-inch reducer, a maximum length of 100 feet of lined hose, and an approved fog nozzle. The pipe sizing shall be a minimum of 2½ inches (63.5 mm) and shall be based on providing 65 psi (448.159 kPa) at 100 gpm (378.5 L/min) at the most remote hose station valve outlet, using a maximum 150 psi (1034.21 kPa) at the fire department connection. SECTION 330. Section 4801.3 is hereby amended to read as follows: 4801.3 DEFINITIONS. . . . APPROVED PRODUCTION FACILITY. An new or existing building, or portion of a building, or a group of buildings, studio, or stage altered for use by, or designed and constructed for use by the entertainment industry for the purpose of motion picture, television and commercial production and which has been determined by the fire code official to meet all of the requirements of Sections 4802 through 4811. COMMERCIAL STILL PHOTOGRAPHY PRODUCTION. Includes all activity attendant to the staging or shooting of commercial still photography production to create single or multiple photographs for sale or use for a commercial purpose. 7.1.b Packet Pg. 336 HOA.103903238.11 195 FIRE SAFETY ADVISOR (FSA). A Fire Safety Advisor is a retired member of the County of Los Angeles Fire Department who is certified as a Fire Safety Advisor. The requirements to become a certified Fire Safety Advisor can be found in Regulation 3 of Chapter 1 of Volume 7 of the Fire Department manuals. LIVE AUDIENCE STAGE. A production facility, production location, sound stage, or production studio where an audience is present for the recording or streaming of all, or a portion, of a motion picture, television show or commercial. . . . SECTION 331. Section 4803.2 is hereby amended to read as follows: 4803.2 Additional permits. A permit shall be required for: . . . f) Any additional permits, including motion picture, commercial, and television productions, as required by the fire code official as determined in Section 105.5 and 105.6 of this code. See especially, but not exclusively, Section 105.5.54. SECTION 332. Section 4803.4 is hereby added to read as follows: 4803.4 Permit fees. Permit fees for permits required by Section 4803.2 and Section 105.5 shall be collected for the issuance of the following permits, in accordance with the currently adopted version of the Fire-Code Fee Schedule (Appendix QQ of this code): 1. Motion picture, television, commercial, and related productions filming. 7.1.b Packet Pg. 337 HOA.103903238.11 196 2. Motion picture, television, commercial, and related production filming — fuel-dispensing trucks and vehicles. 3. Motion picture, television, commercial, and related production filming — pyrotechnics and special effects. 4. Commercial still-photography production that both: is outside of an approved production facility, and has an on-site cast-and-crew number of 15 or more persons. Exception: Verified student filming productions and nonprofit 501(c)(3) organizations shall not be subject to a film or still-photography permit fee for the initial issuance of each permit. Permit revisions shall be subject to the permit-revision fee for each applicable permit. SECTION 333. Section 4807.1.1 is hereby added to read as follows: 4807.1.1 Fire safety officers/advisors. When in the opinion of the fire code official it is necessary for the preservation of life or property, due to the hazardous nature of an event, production, operation, or function, the fire official shall require the owner or lessee to employ or cause the employment of one or more approved fire safety officers or advisors to be on duty at such place during the hazardous activity. SECTION 334. Section 4811.9 is hereby amended to read as follows: 4811.9 Fire department access. Required emergency vehicle access, fire lanes, and existing fire apparatus access roads shall be maintained as per Section 503. Any deviations are subject to approval by the fire code official. 7.1.b Packet Pg. 338 HOA.103903238.11 197 SECTION 335. Section 4902.1 is hereby amended to read as follows: 4902.1 General. For the purpose of this chapter, certain terms are defined as follows: . . . FIRE PROTECTION PLAN. A document prepared for a specific project or development proposed for a Wildland-Urban Interface (WUI) Fire Area. It describes ways to minimize and mitigate potential for loss from wildfire exposure. FIRE HAZARD SEVERITY ZONES. Geographical areas designated pursuant to California Public Resources Codes, Sections 4201 through 4204 and classified as Very High, High, or Moderate in State Responsibility Areas or as Local Agency Very High Fire Hazard Severity Zones designated pursuant to California Government Code, Sections 51175 through 51189. See Appendix PP for the designations within the County of Los Angeles. . . . FIRE PROTECTION PLAN. A document prepared for a specific project or development proposed for a Wildland-Urban Interface (WUI) Fire Area. It describes ways to minimize and mitigate potential for loss from wildfire exposure. FIRE-RESISTANT VEGETATION. Plants, shrubs, trees and other vegetation that exhibit properties, such as high moisture content, little accumulation of dead vegetation, and low sap or resin content, that make them less likely to ignite, or contribute heat or spread flame, or increase the rate of spread in a fire than native vegetation typically found in the regionhaving high oil and resin content. 7.1.b Packet Pg. 339 HOA.103903238.11 198 [Note: The following sources contain examples of types of vegetation that can be considered fire resistant vegetation. (Fire-resistant Plants for Home Landscapes, A Pacific Northwest Extension publication; Home Landscaping for Fire, University of California Division of Agriculture and Natural Resources; Sunset Western Garden Book)] . . . FUEL MODIFICATION PLAN. A portion of a fire protection plan that consists of a set of scaled plans that includes a plot plan showing fuel modification zones indicated with applicable assessment notes, a detailed landscape plan, and an irrigation plan. A fuel modification plan submitted for approval shall be prepared by a State-licensed landscape architect, a State-licensed landscape contractor, a landscape designer, or an individual with expertise acceptable to the Forestry Division of the Fire Department. . . . SECTION 336. Section 4903.1 is hereby amended to read as follows: 4903.1 General. The fire code official is authorized to require the owner or owner’s authorized agent to provide a fire protection plan. The fire protection plan shall be prepared to determine the acceptability of fire protection and life safety measures designed to mitigate wildfire hazards presented for the property under consideration. The fire protection plan shall be prepared by a registered design professional, qualifiedState-licensed landscape architect, State-licensed landscape contractor, landscape designer, qualified fire safety specialist or similar specialist acceptable to the fire code officialor individual with expertise acceptable to the Forestry Division of the 7.1.b Packet Pg. 340 HOA.103903238.11 199 Fire Department and shall analyze the wildfire risk of the building, project, premises or region to recommend necessary changes. The fire code official is authorized to require a preliminary fire protection plan prior to the submission of a final fire protection plan. SECTION 337. Section 4905.2 is hereby amended to read as follows: 4905.2 Construction methods and requirements within established limits. Within the limits established by law, construction methods intended to mitigate wildfire exposure shall comply with the wildfire protection building construction requirements contained in the applicable California Building Standards Code and Los Angeles County Codes, including the following: 1. California Building Codes, Chapter 7A. 2. California Residential Codes, Section R337. 3. California Referenced Standards Code, Chapter 12-7A. 4. California Fire Code, CCR Title 24, Part 9. 5. Los Angeles County Code, Title 32. SECTION 338. Section 4906.2 is hereby amended to read as follows: 4906.2 Application. All new plantings of vegetation in Local Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone and in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone shall comply with Sections 4906.3 through 4906.5.3. 7.1.b Packet Pg. 341 HOA.103903238.11 200 Section 4906 is applicable to all unincorporated portions of Los Angeles County, to all cities that are a part of the Consolidated Fire Protection District of Los Angeles County, and to all cities that contract with the Consolidated Fire Protection District of Los Angeles County for services and adopt Section 4906 as part of their fire code. SECTION 339. Section 4906.3 is hereby amended to read as follows: 4906.3 Landscape plansFuel modification plans in fire hazard severity zones. Landscape plans shall be provided when required by the enforcing agency. The landscape plan shall include development and maintenance requirements for the vegetation management zone adjacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety. Permits shall be required as set forth in Section 105.6, with the exception of any differences which may be specified in this chapter or by the fire code official. A fuel modification plan shall be submitted and have preliminary fire protection plan approval prior to any subdivision of land or Coastal Development Permit (CDP); or, have final fire protection plan approval as stipulated below; where, such structure, or subdivision is located within areas designated as a Fire Hazard Severity Zone within State Responsibility Areas or Very High Fire Hazard Severity Zone within the Local Responsibility Areas, according to applicable Fire Hazard Zone maps, and Appendix PP of this code at the time of application. Preliminary approval is required for applications for any of the following activities: A. Subdivisions: 1. Where the proposed activity would result in 4 or fewer lots. 7.1.b Packet Pg. 342 HOA.103903238.11 201 2. Where the proposed activity would result in 5 or more lots. B. Coastal Development Permits (CDP). Final approval is required for applications for any of the following activities: A. New construction: 1. Any enclosed structure over 120 square feet. 2. Any structure enclosed on three sides or more and greater than or equal to 200 square feet (18.5 m2). B. Remodel, modification, reconstruction, or change of occupancy: 1. Any remodeling, modification, or reconstruction that increases the square footage of the existing structure or footprint by 50 percent or more within any 12-month period. 2. Any structure that changes occupancy classification. Exception: Structures not included in the list of "New construction" applicability (Item "A.", above) are exempt. C. Subdivisions: 1. Where the proposed activity would result in 5 or more lots. Exemptions: 1. Structures that do not require a building permit; or 2. Structures constructed of noncombustible materials, open on all sides, and not used for storage or habitation. Every fuel modification plan shall be reviewed by the Forestry Division of the Fire Department for defensible space, fire safety, compliance with Sections 325.2.1, 325.10, and 503.2.1 of this code, the Fire Department's fuel modification guidelines, and 7.1.b Packet Pg. 343 HOA.103903238.11 202 California Code of Regulations, Title 14, Division 1.5, Chapter 7, subchapter 2. Before such final plan has been approved by the Forestry Division of the Fire Department, a signed and notarized copy of the provided covenant and agreement (and/or previously reviewed and approved association CC&R’s that include the necessary fuel modification information) shall be recorded at the County of Los Angeles Registrar-Recorder/County Clerk’s Office and a copy given to the fuel modification unit. An on-site inspection must be conducted by the personnel of the Forestry Division of the Fire Department and a final approval of the fuel modification plan issued by the Forestry Division prior to a certificate of occupancy being granted by the building code official. The fuel modification inspection ensures compliance with applicable requirements of this code; the Building Code, Section 701A.5 (Vegetation management compliance); and the Residential Code, Section R337.1.5 (Vegetation management compliance). SECTION 340. Section 4906.3.1 is hereby amended to read as follows: 4906.3.1 ContentsPlan modification. Landscape plans shall contain the following: 1. Delineation of the 30-foot (9144 mm) and 100-foot (30.5 m) fuel management zones from all structures. 2. Identification of existing vegetation to remain and proposed new vegetation. 3. Identification of irrigated areas. 4. A plant legend with both botanical and common names, and identification of all plant material symbols. 7.1.b Packet Pg. 344 HOA.103903238.11 203 5. Identification of ground coverings within the 30-foot (9144 mm) zone. Any modification to an approved fuel modification landscape plan or addition to a structure that affects the approved zones of an approved fuel modification plan must be reviewed and approved by the Fuel Modification Unit of the Fire Department prior to installation of landscaping or issuance of a construction permit by the building code official for such an addition. SECTION 341. Section 4906.3.2 is hereby added to read as follows: 4906.3.2 Penalties. An owner of a property found to be in noncompliance with the fuel modification requirements shall be subject to an administrative fine (Section 327) and applicable liens or assessments as allowed by the provisions of Title 1, Chapter 1.25 of the County Code and this code. Failure to comply with this code is punishable as a misdemeanor and subject to additional enforcement proceedings, including corrective measures which shall be done at the owner's expense in accordance with Section 325. SECTION 342. Section 4906.3.3 is hereby added to read as follows: 4906.3.3 Appeals. Any person who disagrees with any decision related to fuel modification plans may file a written appeal with the Chief of the Forestry Division. The Chief of the Forestry Division will adjudicate all policy interpretations relevant to fuel modification plan requirements and serve as the final authority in this appeals process. 7.1.b Packet Pg. 345 HOA.103903238.11 204 SECTION 343. Section 4906.3.4 is hereby added to read as follows: 4906.3.4 Fuel modification plan review fee schedule. A plan check fee shall be payable to the Fire Department, upon the submission of any fuel modification plan, landscape plan, or irrigation plan for review and approval by the Fire Department. Refer to the Fire-Code Fee Schedule (Appendix QQ of this code) for said fees. Fees will be based on the intended use of the structure, including permanently designated sites for tents, yurts, trailers, modulars, and similar temporary structures. SECTION 344. Section 4906.3.5 is hereby added to read as follows: 4906.3.5 Landscape plans. Landscape plans shall be provided when required by the enforcing agency. The landscape plan shall include development and maintenance requirements for the vegetation management zone adjacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety. SECTION 345. Section 4906.3.5.1 is hereby added to read as follows: 4906.3.5.1 Contents. Landscape plans shall contain the following: 1. Delineation of the 30-foot (9144 mm), and 100-foot (30.5 m), and up to 200-foot (61 m) (as necessary), fuel management zones from all structures. 2. Identification of existing vegetation to remain and proposed new vegetation. 3. Identification of irrigated areas. 7.1.b Packet Pg. 346 HOA.103903238.11 205 4. A plant legend with both botanical and common names, and identification of all plant material symbols. 5. Identification of ground coverings within the 30-foot (9144 mm) zone. SECTION 346. Section 4906.4 is hereby amended to read as follows: 4906.44906.3.5.2 Vegetation. All new vegetation shall be fire-resistant vegetation in accordance with this section. Exception: Trees classified as non-fire-resistant vegetation complying with Section 4906.4.2.14906.3.5.2.2.1. To be considered fire-resistant vegetation, it must meet at least one of the following: 1. Be identified as fire-resistant vegetation in an approved book, journal or listing from an approved organization. 2. Be identified as fire-resistant vegetation by a licensed landscape architect with supporting justification. 3. Plants considered fire-resistant vegetation and approved by the local enforcing agency. SECTION 347. Section 4906.4.1 is hereby amended to read as follows: 4906.4.14906.3.5.2.1 Shrubs. All new plantings of shrubs shall comply with the following: 1. Shrubs shall not exceed 6 feet (1829 mm) in height. 7.1.b Packet Pg. 347 HOA.103903238.11 206 2. Groupings of shrubs are limited to a maximum aggregate diameter of 10 feet (3048 mm). 3. Shrub groupings shall be separated from other groupings a minimum of 15 feet (4572 mm). 4. Shrub groupings shall be separated from structures a minimum of 30 feet (9144 mm). 5. Where shrubs are located below or within a tree’s drip line, the lowest tree branch shall be a minimum of three times the height of the understory shrubs or 10 feet (3048 mm), whichever is greater. SECTION 348. Section 4906.4.2 is hereby amended to read as follows: 4906.4.24906.3.5.2.2 Trees. Trees shall be managed as follows within the 30-foot zone (9144 mm) of a structure: 1. New trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet (3048 mm) from any combustible structure. 2. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 10 feet (3048 mm). 3. Existing trees shall be trimmed to provide a minimum separation of 10 feet (3048 mm) away from chimney and stovepipe outlets per Title 14, Section 1299.03. 7.1.b Packet Pg. 348 HOA.103903238.11 207 SECTION 349. Section 4906.4.2.1 is hereby amended to read as follows: 4906.4.2.14906.3.5.2.2.1 Non-fire-resistant vegetationtrees. New trees not classified as fire-resistant vegetation, such as conifers, palms, pepper trees and eucalyptus species, shall be permitted provided the tree is planted and maintained so that the tree’s drip line at maturity is a minimum 30 feet (9144 mm) from any combustible structure. SECTION 350. Section 4907.3 is hereby amended to read as follows: 4907.3 Requirements. Hazardous vegetation and fuels around all buildings and structures shall be maintained in accordance with the following laws and regulations: 1. Public Resources Code, Section 4291. 2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03. 3. California Government Code, Section 51182. 4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07. 5. Los Angeles County Code, Title 32, including Section 325. SECTION 351. Section 5001.1.2 is hereby added to read as follows: 5001.1.2 Health Hazardous Materials Division ("HHMD") Authority. The provisions of Chapter 50 of this code may be enforced by any duly authorized technician, Health Hazardous Materials Division staff, or fire code official. 7.1.b Packet Pg. 349 HOA.103903238.11 208 SECTION 352. Section 5001.5 is hereby amended to read as follows: 5001.5 Permits. Permits shall be required as set forth in Sections 105.5 and 105.6. Where required by the fire code official, permittees shall apply for approval to permanently close a storage, use or handling facility. Such application shall be submitted not less than 30 days prior to the termination of the storage, use or handling of hazardous materials. The fire code official is authorized to require that the application be accompanied by an approved facility closure plan in accordance with Section 5001.6.3. A unified program facility permit shall be required for hazardous materials handlers, hazardous waste generators, or on-site treatment of hazardous waste in accordance with Chapters 12.50, 12.52, and 12.64 of Title 12 of the County Code. Unified program facility permits, if required, shall be obtained prior to the issuance of any fire code permit required by this code. A permit shall be required for tank vehicles or railroad tank cars to remain on a siding indoors or outdoors, at the point of delivery while connected for transfer operations. Transfer operations shall be in accordance with DOT requirements and this code. SECTION 353. Section 5001.5.1.1 is hereby added to read as follows: 5001.5.1.1 Hazardous Materials Business Plan (HMBP). Each application for a permit for businesses handling or storing hazardous materials at any time during the year exceeding 55 gallons (208.198 L), 500 pounds (226.796 kg), or 200 cubic feet (5663.37 L) shall include a Hazardous Materials 7.1.b Packet Pg. 350 HOA.103903238.11 209 Business Plan (HMBP). The location of the HMBP shall be posted adjacent to permits when an HMBP is provided. The HMBP shall include a facility site plan designating the following: 1. Storage and use areas. 2. Maximum amount of each material stored or used in each area. 3. Range of container sizes. 4. Locations of emergency isolation and mitigation valves and devices. 5. Product conveying piping containing liquids or gases, other than utility-owned fuel gas lines and low-pressure fuel gas lines. 6. On and off positions of valves for valves which are of the self- indicating type. 7. Storage plan showing the intended storage arrangement, including the location and dimensions of aisles. The plans shall be legible and approximately to scale. Separate distribution systems are allowed to be shown on separate pages. SECTION 354. Section 5001.5.1.2 is hereby added to read as follows: 5001.5.1.2 Application. Each application for a permit required by this chapter shall include a Hazardous Materials Business Plan (HMBP) in accordance with Chapter 12.64 of Title 12 of the County Code. 7.1.b Packet Pg. 351 HOA.103903238.11 210 SECTION 355. Section 5001.5.2.1 is hereby added to read as follows: 5001.5.2.1 Hazardous materials disclosure. A chemical inventory prepared in accordance with Chapter 12.64 of Title 12 of the County Code shall be considered the equivalent of the Hazardous Materials Inventory Statement (HMIS) discussed in Section 5001.5.2. SECTION 356. Section 5001.5.2.2 is hereby added to read as follows: 5001.5.2.2 Reporting. Every business shall comply with the reporting requirements as set forth in Chapter 12.64 of Title 12 of the County Code. SECTION 357. Section 5001.5.2.3 is hereby added to read as follows: 5001.5.2.3 Notification. The fire code official and the HHMD shall be notified immediately when an unauthorized discharge becomes reportable under State, federal, or local regulations. SECTION 358. Section 5001.5.2.4 is hereby added to read as follows: 5001.5.2.4 California Accidental Release Prevention (CalARP) program. Every business shall comply with the requirements as set forth in Chapter 12.64 of Title 12 of the County Code. SECTION 359. Section 5001.5.2.5 is hereby added to read as follows: 5001.5.2.5 Emergency information. Hazardous materials business plans, risk management prevention programs, and hazardous materials inventory statements shall be posted in an approved location and 7.1.b Packet Pg. 352 HOA.103903238.11 211 immediately available to emergency responders. The fire code official may require that the information be posted at the entrance to the occupancy or property. SECTION 360. Section 5002.1 is hereby amended to read as follows: 5002.1 Definitions. The following terms are defined in Chapter 2: . . . HAZARDOUS WASTE. HAZARDOUS WASTE CONTROL LAW. . . . HEALTH HAZARDOUS MATERIALS DIVISION (HHMD). . . . UNIFIED PROGRAM. UNIFIED PROGRAM FACILITY PERMIT. . . . WASTE. SECTION 361. Section 5003.2.1 is hereby amended to read as follows: 5003.2.1 Design and construction of containers, cylinders, and tanks. Containers, cylinders and tanks shall be designed and constructed in accordance with approved standards. Containers, cylinders, tanks and other means used for containment of hazardous materials shall be of an approved type. Pressure vessels not meeting DOTn requirements for transportation shall comply with the ASME Boiler and 7.1.b Packet Pg. 353 HOA.103903238.11 212 Pressure Vessel Code. Tank vehicles and railroad tank cars shall be used in accordance with Section 5005. SECTION 362. Section 5003.2.5 is hereby amended to read as follows: 5003.2.5 Empty containers and tanks. Empty containers and tanks previously used for the storage of hazardous materials shall be free from residual material and vapor as defined by DOTn, the Resource Conservation and Recovery Act (RCRA) or other regulating authority or maintained as specified for the storage of the hazardous material. Containers larger than 5 gallons (18.9271 L) in capacity shall be marked with the date they have been emptied and shall be reclaimed, reconditioned, or remanufactured within one year of being emptied. Containers which previously held acute or extremely hazardous materials are considered empty if the container has been triple-rinsed and the rinsate managed as a hazardous waste. If the activity does not qualify for an exemption, the activity may require a permit to treat on site. SECTION 363. Section 5003.3.1.2 is hereby amended to read as follows: 5003.3.1.2 Preparation. Provisions shall be made for controlling and mitigating unauthorized discharges. The consolidated contingency plan of the Unified Program of the hazardous material business plan shall be prepared and maintained. Copies shall be on-site and submitted every three years to the Fire Department as required by the provisions of the California Health and Safety Code, Division 20, Chapter 6.95, Hazardous Materials Release Response Plans and Inventory. Consolidated contingency plan shall mean a document setting out an organized, planned, and coordinated course of action to be followed in 7.1.b Packet Pg. 354 HOA.103903238.11 213 case of a fire, explosion, or release of hazardous substance, which could threaten human health or the environment. SECTION 364. Section 5003.3.1.3 is hereby amended to read as follows: 5003.3.1.3 Control. When an unauthorized discharge caused by primary container failure is discovered, the involved primary container shall be repaired or removed from service. Any waste generated as a result of the unauthorized discharge must be disposed of in accordance with all applicable regulations pertaining to hazardous waste. If the facility does not have an EPA ID number, it must obtain a temporary ID number from the Department of Toxic Substance Control (DTSC) prior to disposal. EPA ID number shall mean a number issued by DTSC and used to track hazardous waste from point of origin to its final disposal. Provisional numbers are issued for special circumstances such as a spill if the facility does not have a permanent number. DTSC shall mean a Department in the California Environmental Protection Agency that is responsible for managing and regulating hazardous waste in California. SECTION 365. Section 5003.3.1.4 is hereby amended to read as follows: 5003.3.1.4 Responsibility for cleanup. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, without cost to the jurisdiction. Where deemed necessary by the fire code official, cleanup can be initiated by the fire department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. Upon 7.1.b Packet Pg. 355 HOA.103903238.11 214 termination of cleanup activities, the HHMD emergency operation section of the Fire Department must be contacted to assess cleanup measures and to clear the site for re-occupancy or reuse. For the purposes of this section, assess shall mean any activity taken to determine health and safety risks to the general public or the environment. SECTION 366. Section 5003.5 is hereby amended to read as follows: 5003.5 Hazard identification signs. Unless otherwise exempted by the fire code official, visible hazard identification signs as specified in NFPA 704 for the specific material contained shall be placed on stationary containers and aboveground tanks and at entrances to locations where hazardous materials are stored, dispensed, used or handled in quantities requiring a permit and at specific entrances and locations designated by the fire code official. Each building that stores, handles, or dispenses a hazardous material shall be conspicuously posted with the overall occupancy hazard by using the NFPA 704 placard system for any product or waste that has a 3 or higher rating in any category or is a special hazard. SECTION 367. Section 5003.8.5.2.1 is hereby added to read as follows: 5003.8.5.2.1 Ventilation and storage arrangement. Compressed gas cylinders shall be stored within gas cabinets, exhaust enclosures, or gas rooms. Portable or stationary tanks shall be stored within gas rooms or exhaust enclosures. Tank vehicles or railroad tank cars engaged in the use or dispensing of toxic or highly toxic gases shall be stored within a ventilated separate gas storage room or placed within an exhaust enclosure. When stationary or portable cylinders, containers, tanks, railroad tank cars, or tank vehicles are located outdoors for 7.1.b Packet Pg. 356 HOA.103903238.11 215 dispensing or use of toxic or highly toxic gases, gas cabinets or exhaust enclosures shall be provided. SECTION 368. Section 5003.9.1.1 is hereby amended to read as follows: 5003.9.1.1 Fire department liaison. Responsible persons shall be designated and trained to be liaison personnel to the fire department. These persons shall aid the fire department in preplanning emergency responses and identifying the locations where hazardous materials are located, and shall have access to Safety Data Sheets and be knowledgeable in the site's emergency response procedures. These persons shall be identified as the emergency coordinator with 24-hour contact numbers in the business plan as required by the provisions of the California Health and Safety Code, Division 20, Chapter 6.95, Article 1, Business and Area Plans. SECTION 369. Section 5003.11.3.8 is hereby amended to read as follows: 5003.11.3.8 Floors. Floors shall be in accordance with Section 5004.12. Floors shall be level and impervious. SECTION 370. Section 5005.1 is hereby amended to read as follows: 5005.1 General. Use, dispensing and handling of hazardous materials in amounts exceeding the maximum allowable quantity per control area set forth in Section 5003.1 shall be in accordance with Sections 5001, 5003, and 5005. Use, dispensing and handling of hazardous materials in amounts not exceeding the maximum allowable quantity per 7.1.b Packet Pg. 357 HOA.103903238.11 216 control area set forth in Section 5003.1 shall be in accordance with Sections 5001 and 5003. Tank vehicles and railroad tank cars shall not be used as a means of hazardous materials storage. Indoor unloading or transfer operations from tank vehicles or railroad tank cars shall be in accordance with Sections 5005.1 and 5005.2. Outdoor unloading or transfer operations shall be in accordance with Sections 5005.1 and 5005.3. SECTION 371. Section 5005.1.10.1 is hereby added to read as follows: 5005.1.10.1 Bulk plant or terminal. Gases or liquids having a hazard ranking of 3 or 4 in accordance with NFPA 704 shall not be transferred from a tank vehicle or tank car into the cargo tank of another tank vehicle or tank car. Exception: In an emergency, gases or liquids having a hazard rating of 3 or 4 may be transferred from a tank vehicle or tank car to the cargo tank of another tank vehicle or tank car when approved by the fire code official. SECTION 372. Section 5601.1.3 is hereby amended to read as follows: 5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions: . . . 4. The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks, including safe and sane, where allowed by applicable laws, ordinances and 7.1.b Packet Pg. 358 HOA.103903238.11 217 regulations, provided that such fireworks and facilities comply with the 2006 edition of NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100–185, as applicable for consumer fireworks and Health and Safety Code Division 11. SECTION 373. Section 5601.1.4 is hereby amended to read as follows: 5601.1.4 Rocketry. For rocketry requirements see California Code of Regulations, Title 19, Division 1, Chapter 6, reprinted in Sections 5610, 5611, and 5612. Rocketry shall also be in accordance with NFPA 1122, NFPA 1125, and NFPA 1127 for fire and life safety matters not regulated by State law. SECTION 374. Section 5601.2.5 is hereby added to read as follows: 5601.2.5 Fees. As required by California Health and Safety Code Section 12105, a permit for the storage of explosives shall not be issued until after the payment of a fee of $10.00, unless the quantity of explosives is 100 pounds or less, in which case the fee shall be $2.00. The permit fee shall be equally divided and deposited into the Treasury of the County of Los Angeles and into the State Treasury. SECTION 375. Section 5601.7 is hereby amended to read as follows: 5601.7 Seizure. The fire code official is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this 7.1.b Packet Pg. 359 HOA.103903238.11 218 chapter. Seizure shall be conducted in accordance with California Health and Safety Code, Division 11, Part 1, Chapter 8, Section 12350, et seq., and Part 2, Chapter 9, Section 12721, et seq. SECTION 376. Section 5608.1 is hereby amended to read as follows: 5608.1 General. Outdoor fFireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in motion picture, television, theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks and this section chapter. Additionally, fireworks displays and pyrotechnics before a proximate audience shall be conducted in accordance with NFPA 1123 and/or NFPA 1126 for fire and life safety matters not regulated by State law. SECTION 377. Section 5611.1 is hereby added to read as follows: 5611.1 Permits. Permits shall be required as set forth in Section 105.5 and California Code of Regulations, Title 19, Division 1, including Sections 1025 through 1026. SECTION 378. Section 5612.1 is hereby added to read as follows: 5612.1 Permits. Permits shall be required as set forth in Section 105.5 and California Code of Regulations, Title 19, Division 1, including Sections 1034 through 1035. 7.1.b Packet Pg. 360 HOA.103903238.11 219 SECTION 379. Section 5701.4.1 is hereby added to read as follows: 5701.4.1 Plans. Plans shall be submitted with each application for a permit to store more than 5,000 gallons (18 925 L) of liquids outside of buildings in drums or tanks. The plans shall indicate the method of storage, quantities to be stored, distances from buildings and property lines, accessways, fire-protection facilities, and provisions for spill control and secondary containment. SECTION 380. Section 5701.6 is hereby added to read as follows: 5701.6 Maintenance and operating practices. Maintenance and operating practices shall be in accordance with established procedures which will tend to control leakage and unauthorized discharge of flammable or combustible liquids. Spills shall be cleaned up promptly. SECTION 381. Section 5704.2.6.1 is hereby added to read as follows: 5704.2.6.1 Waste control. Waste liquids shall be kept in a sump, tank, or receptacle approved for this purpose. The waste must be disposed of in accordance with the provisions of the California Health and Safety Code, Division 20, Chapter 6.5, Hazardous Waste Control. SECTION 382. Section 5704.2.8.3 is hereby amended to read as follows: 5704.2.8.3 Secondary containment. Vaults shall be substantially liquid tight and there shall not be backfill around the tank or within the vault. The vault floor shall drain to a sump. For premanufactured vaults, liquid tightness shall be certified as part of the listing provided by a nationally recognized testing laboratory. For field-erected vaults, liquid tightness shall be certified 7.1.b Packet Pg. 361 HOA.103903238.11 220 in an approved manner. Secondary containment shall be provided for new installations of underground tanks and existing tanks with a breach in integrity. SECTION 383. Section 5704.2.8.16.1 is hereby added to read as follows: 5704.2.8.16.1 System requirements. The fire protection system shall be a deluge type foam system, which provides a minimum of 0.25 gpm (0.9463 L/m) over the entire vault area. The minimum duration of the foam supply shall be 10 minutes. If a manual system is provided, it must assume a maximum of 125 psi (861.85 kPa) at the fire department connection. SECTION 384. Section 5704.2.9.1.1 is hereby added to read as follows: 5704.2.9.1.1 Required foam fire protection systems. All existing aboveground tanks exceeding 1,500 square feet (139.3546 m2) of liquid surface area used for the storage of Class I or Class II flammable liquids shall be provided with foam fire protection. Exceptions: 1. Tanks with floating roofs for storage of crude oil exceeding 1,500 square feet (139.3546 m2) of liquid surface area and less than 12,300 square feet (1142.7074 m2) of liquid surface area shall have foam fire protection only for the seal area. 2. Floating roof tanks or pressure tanks operating at or above 1 pound per square inch gauge. 7.1.b Packet Pg. 362 HOA.103903238.11 221 SECTION 385. Section 5704.2.9.6.1.3 is hereby amended to read as follows: 5704.2.9.6.1.3 Location of tanks storing boilover liquids. Above-ground tanks for storage of liquids with boilover characteristics shall be located in accordance with Table 22.4.1.4 of NFPA 30. Shell-to-shell spacing between tanks shall not be less than the diameter of the largest tank. SECTION 386. Section 5704.3.7 is hereby amended to read as follows: 5704.3.7 Liquid storage rooms. Liquid storage rooms shall comply with Sections 5704.3.7.1 through 5704.3.7.5.26. SECTION 387. Section 5704.3.7.6 is hereby added to read as follows: 5704.3.7.6 Construction. The construction of liquid storage rooms shall be in accordance with the Building Code and have a minimum of one exterior wall having a door providing firefighting access. SECTION 388. Section 5706.3 is hereby amended to read as follows: 5706.3 Well drilling and operating. Wells for oil and natural gas shall be drilled and operated in accordance with Sections 5706.3.1 through 5706.3.89. 7.1.b Packet Pg. 363 HOA.103903238.11 222 SECTION 389. Section 5706.3.1 is hereby amended to read as follows: 5706.3.1 Location. The location of wells shall comply with Sections 5706.3.1.1 through 5706.3.1.3.24. SECTION 390. Section 5706.3.1.4 is hereby added to read as follows: 5706.3.1.4 Zoning regulations. The permit for any new well shall be issued only after the applicant has complied with applicable planning and zoning regulations. SECTION 391. Section 5706.3.9 is hereby added to read as follows: 5706.3.9 Permits. For permits to drill, own, operate, or maintain an oil or natural gas well, see Section 105.5.18. No person shall drill, own, operate, or maintain any oil or natural gas well without first obtaining a permit. SECTION 392. Section 5706.4 is hereby amended to read as follows: 5706.4 Bulk plants or terminals. Portions of properties where flammable and combustible liquids are received by tank vessels, pipelines, tank cars or tank vehicles and stored, transferred, or blended in bulk for the purpose of distribution by tank vessels, pipelines, tank cars, tank vehicles or containers shall be in accordance with Sections 5706.4.1 through 5706.4.10.4. SECTION 393. Section 5706.5.1 is hereby amended to read as follows: 5706.5.1 General. The provisions of Sections 5706.5.1.1 through 5706.5.1.1819 shall apply to bulk transfer and process transfer operations; Sections 5706.5.2 and 5706.5.2.1 shall apply 7.1.b Packet Pg. 364 HOA.103903238.11 223 to bulk transfer operations; Sections 5706.5.3 through 5706.5.3.3 shall apply to process transfer operations and Sections 5706.5.4 through 5706.5.4.56 shall apply to dispensing from tank vehicles and tank cars. SECTION 394. Section 5706.5.1.1 is hereby amended to read as follows: 5706.5.1.1 Location. Bulk transfer and process transfer operations shall be conducted in approved locations. Tank cars shall be unloaded only on private sidings or railroad-siding facilities equipped for transferring flammable or combustible liquids. Tank vehicles and tank cars engaged in bulk transfer or process transfer operations shall be separated from buildings, above-ground tanks, combustible materials, lot lines, public streets, public alleys or public ways by a distance of 25 feet (7620 mm)100 feet (30 480 mm) for Class I liquids and 15 feet (4572 mm)25 feet (7620 mm) for Class II and IIIA liquids measured from the nearest loading or unloading valve on the tank vehicle or tank car. Exception: Buildings for pumps and shelters for personnel supporting transfer operations shall not be required to be separated from tank vehicles and tank cars engaged in bulk transfer or process transfer operations. SECTION 395. Section 5706.5.1.19 is hereby added to read as follows: 5706.5.1.19 Liquid transfer. Class I, II, or III liquids shall be transferred from a tank vehicle or tank car only into an approved atmospheric tank or approved portable tank, except as provided in Sections 5706.5.4.4 through 5706.5.4.6. 7.1.b Packet Pg. 365 HOA.103903238.11 224 SECTION 396. Section 5706.5.4 is hereby amended to read as follows: 5706.5.4 Dispensing from tank vehicles and tank cars. Dispensing from tank vehicles and tank cars into the fuel tanks of motor vehicles shall be prohibited unless allowed by and conducted in accordance with Sections 5706.5.4.1 through 5706.5.4.56. SECTION 397. Section 5706.5.4.6 is hereby added to read as follows: 5706.5.4.6 Time limit for unloading and permit. Tank vehicles and railroad tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Tank cars shall be unloaded only on private sidings or railroad siding facilities equipped for transferring the liquid between tank cars and permanent storage tanks. A permit shall be required for a tank car to remain on a siding at the point of delivery while connected for transfer operations. Transfer operations shall be in accordance with Department of Transportation ("DOT'") requirements and this code. SECTION 398. Section 5706.6.1 is hereby amended to read as follows: 5706.6.1 Operation of tank vehicles. Tank vehicles shall be utilized and operated in accordance with NFPA 385 and Sections 5706.6.1.1 through 5706.6.1.1112. SECTION 399. Section 5706.6.1.12 is hereby added to read as follows: 5706.6.1.12 Transfer of cargo. Class I, II, or III liquids shall not be transferred from a tank vehicle or tank car into the cargo tank of another tank vehicle or tank car. 7.1.b Packet Pg. 366 HOA.103903238.11 225 Exception: In an emergency, Class I, II, or III liquids may be transferred from a tank vehicle or tank car to the cargo tank of another tank vehicle or tank car when approved by the fire code official. SECTION 400. Section 6104.4 is hereby amended to read as follows: 6104.4 Multiple LP-gas container installations. . . . Where one of these forms of protection is provided, the separation shall be not less than 25 feet (7620 mm) between LP-gas container groups. At LP-gas multicontainer installations, the aggregate capacity of the containers shall be used to determine minimum distances to the buildings or adjoining property lines. SECTION 401. Section 6104.5 is hereby added to read as follows: 6104.5 Tank car and tank vehicle stations. Tank car and tank vehicle bulk loading and unloading stations shall be located not less than 100 feet from buildings, sources of ignition, or adjoining property lines that may be built upon. SECTION 402. Section 6104.6 is hereby added to read as follows: 6104.6 Container orientation. Unless special protection is provided and approved by the fire code official, LP-gas containers shall be oriented so that the longitudinal axes do not point toward other LP-gas containers, vital process equipment, control rooms, loading stations, flammable liquid storage tanks, or other special hazards. 7.1.b Packet Pg. 367 HOA.103903238.11 226 SECTION 403. Section 6106.1 is hereby amended to read as follows: 6106.1 Attendants. Dispensing of LP-gas shall be performed by a qualified attendant. Self-service LP-gas dispensing open to the public is prohibited. SECTION 404. Chapter 81 is hereby added to read as follows: CHAPTER 81 AUTOMOBILE WRECKING YARDS 8101 GENERAL 8101.1 Scope. Automobile wrecking yards shall comply with the requirements of Chapter 81. For rubbish-handling operations, see Chapters 3 and 23. 8102 DEFINITIONS 8102.1 Limited application. For the purposes of this chapter, the following term is defined: MOTOR VEHICLE FLUIDS. Liquids which are flammable, combustible, or hazardous materials, such as crankcase fluids, fuel, brake fluids, transmission fluids, radiator fluids, and gear oil. This definition does not include liquids which are permanently sealed, such as hydraulic fluid within shock absorbers. 8103 PERMITS Permits to operate automobile wrecking yards are required. Permits shall be required as set forth in Sections 105.5 and 105.6. 7.1.b Packet Pg. 368 HOA.103903238.11 227 8104 FIRE APPARATUS ACCESS ROADS Fire apparatus access roads shall be constructed and maintained throughout the site in accordance with Section 503 of this code. Aisles or passageways shall be provided so as to allow fire department hose streams to reach all stored items and material. 8105 WELDING AND CUTTING Welding and cutting operations shall be in accordance with Chapters 35 and 53 of this code. 8106 HOUSEKEEPING Combustible rubbish accumulated on the site shall be collected and stored in approved containers, rooms, or vaults of noncombustible materials. Combustible vegetation, cut or uncut, shall be removed when determined by the fire code official to be a fire hazard. 8107 FIRE PROTECTION Offices, storage buildings, and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with a rating of not less than 4-A: 40-B: C. When required by the fire code official, additional portable fire extinguishers shall be provided in specific use areas in accordance with Section 906. 8108 TIRES Tires shall be stored on racks in an approved manner or shall be piled in accordance with Chapter 34 and Section 315.4. 7.1.b Packet Pg. 369 HOA.103903238.11 228 8109 BURNING OPERATIONS The burning of salvage vehicles and salvage or waste materials shall be in accordance with Section 307 and federal, State, or local air quality control regulations. 8110 MOTOR VEHICLE FLUIDS AND HAZARDOUS MATERIALS 8110.1 General. The storage, use, and handling of motor vehicle fluids and hazardous materials, such as those used to operate air bags and electrical systems, shall be in accordance with Section 8110 and this code, including Chapters 23, 50, and 57. 8110.2 Motor vehicle fluids. Motor vehicle fluids shall be drained from salvage vehicles when such fluids are leaking. Storage and handling of motor vehicle fluids shall be done in an approved manner. Flammable and combustible liquids shall be stored and handled in accordance with this code, including Chapters 23, 50, and 57. 8110.3 Mitigation for vehicle fluid leaks. Supplies or equipment capable of mitigating leaks of such fluids as those found in fuel tanks, crankcases, brake systems, and transmissions shall be kept available on- site. Single-use plugging, diking, and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner approved by federal, State, or local requirements. 7.1.b Packet Pg. 370 HOA.103903238.11 229 8110.4 Batteries. Batteries shall be removed from salvaged vehicles when such batteries are compromised. Batteries that have been removed from vehicles shall be stored in an approved manner. SECTION 405. Chapter 82 is hereby added to read as follows: CHAPTER 82 INFRACTIONS 8201 GENERAL 8201.1 Offenses deemed infractions. In accordance with Section 112.4, the violation of the following sections or subsections shall be infractions: Section Offense 303.1–303.9 Asphalt kettles 304.1.1 Waste material 304.1.2 Vegetation 304.2 Combustible waste rubbish – storage 305.2 Hot ashes and spontaneous ignition sources 310.4 Removal "No Smoking" sign 315.3.2 Stairway – storage under 503.4 Obstructing access roadway 505.1 Address identification 507.5.4–507.5.5 Obstruction of fire hydrants 507.5.6 Physical protection – fire hydrants 507.5.7 Firefighting water source markers 507.5.8 Identification – private fire hydrant 507.5.9 Private fire hydrant caps or plugs 603.6 Electrical extension cords 901.6.4.1 Signage – aboveground water-control valves 901.6.4.2 Locks – aboveground water-control valves 901.6.4.3 Painting identification – aboveground water- control valves 7.1.b Packet Pg. 371 HOA.103903238.11 230 Section Offense 901.7 Failure to notify Fire Department 906.1–906.10 Fire extinguishers 912.5 and 912.8 Identification – fire department connection 912.9 Breakable caps or plugs – fire department connection 1009.9 Exit doors identification 1010.2.2 Door-operating devices 2003.2 "No Smoking" signs within aircraft hangars 2108.4 Fire extinguisher – dry cleaning plant 2108.5 No smoking signs – dry cleaning plant 2311.2.2 Waste oil storage 2403.2.7 Welding warning signs 2403.4 Operations and maintenance 2403.4.3 Metal waste cans for rags and waste 2404.7.8.5 Filter disposal 2405.3.4 Dip-tank covers 2405.4.2 Portable fire protection equipment 2406.5 Maintenance – powder coating 2407.5.1 Maintenance – electrostatic apparatus 2407.5.2 Signs – "Danger" 2408.5 Sources of ignition (organic peroxides) 2505.1 Housekeeping – fruit ripening room 2803.3.1 Lumber yards – housekeeping 2803.3.3 Combustible waste 3103.12.6.1 Exit sign illumination 3107.18 Vegetation removal 3603.2 Open flame device – boat or marina 3603.4 Rubbish containers – marina 3604.4 Portable fire extinguishers – marinas 4811.9 Fire Department access – motion picture production locations 4811.12 Blocked or obstructed fire hydrants and appliances 5003.5 Hazardous materials signage 7.1.b Packet Pg. 372 HOA.103903238.11 231 Section Offense 5003.7.1 No smoking signs – hazardous materials 5004.11 Combustible materials clearance – hazardous materials storage 5005.3.8 Combustible materials clearance – hazardous materials use 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 6107.2 "No smoking" signs – LPG container 6107.3 Combustible material clearance LPG container 8104 Auto wrecking yards – fire apparatus access 8201.2 Penalties for infractions. Every violation determined to be an infraction is punishable by a fine not to exceed $100 for the first violation, $200 for the second, $500 for the third, and $500 for each additional violation of the same ordinance within one year. Each such violation is a separate offense for each and every day during any portion of which such violation is committed or allowed to continue. For the purposes of this section a forfeiture of bail shall be equivalent to a conviction. 7.1.b Packet Pg. 373 HOA.103903238.11 232 SECTION 406. Chapter 83 is hereby added to read as follows: CHAPTER 83 CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY FIRE CODE 8301 FIRE CODE ADOPTED Title 32 (Fire Code) of the Los Angeles County Code is hereby adopted and incorporated herein by reference at this point as if set forth at length herein as the Fire Code for the Consolidated Fire Protection District of Los Angeles County (District). A copy of Title 32 of the Los Angeles County Code has been filed in the Executive Office of the Board of Supervisors and shall be at all times maintained by the executive office for use and inspection by the public. 8302 AREAS REGULATED The District finds and declares that this code does not occupy the whole area of any subject matter regulated or covered therein except where this code expressly states its intent to occupy the whole area of any subject matter regulated or covered therein. Thus, in enacting this ordinance, it is not the intent of the District to preempt or otherwise nullify any other local ordinance containing different standards and protections. 8303 APPLICABILITY Except as provided in California Health and Safety Code Section 13869.7, this code shall apply to, and be enforceable in, all areas, including cities and unincorporated areas, served by the District. All references in this code to the California Building Code, Residential Code, Mechanical Code, Plumbing Code, Green Building Standards Code, Fire Code, and Electrical Code shall mean the appropriate legally applicable code 7.1.b Packet Pg. 374 HOA.103903238.11 233 adopted by each incorporated city that is a part of the District, or receives services from the District. SECTION 407. Appendix B, Section B103.3 is hereby amended to read as follows: B103.3 Areas without water supply systems. For information regarding water supplies for fire-fighting purposes in rural and suburban areas in which adequate and reliable water supply systems do not exist, the fire code official is authorized to utilize NFPA 1142.This section shall only apply to buildings equipped with a fire sprinkler system. Parcels that are located outside the service boundary, above the existing pressure zone, or more than 2,000 linear feet (609.6 m) from an existing water main of a water purveyor may provide an on-site water supply, when approved by the fire code official. For one-family dwellings the water supply shall be in accordance with Table B103.3. For other than one-family dwellings, the water supply shall be in accordance with the NFPA 1142 or NFPA 13 water supply requirement, whichever is greater. SECTION 408. Appendix B, Table B103.3 is hereby added to read as follows: TABLE B103.3 TANK SIZES FOR ONE-FAMILY DWELLINGS FIRE-FLOW CALCULATION AREA TANK SIZE 0–3,600 square feet 7,500 gal 3,601–5,999 square feet 10,000 gal 6,000 square feet and greater 12,500 gal 7.1.b Packet Pg. 375 HOA.103903238.11 234 SECTION 409. Appendix B, Section B104.2 is hereby amended to read as follows: B104.2 Area separation. Portions of buildings that are separated by fire walls without openings, constructed in accordance with the California Building Code, are allowed to be considered as separate fire-flow calculation areas. Fire barriers or fire partitions cannot be used to create separate fire-flow calculation areas. SECTION 410. Appendix B, Section B105.1 is hereby amended to read as follows: B105.1 One- and two-family dwellings, Group R-3 and R-4 buildings and townhouses. The minimum fire-flow and flow duration requirements for one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1(1) and B105.1(2). Exception: The minimum fire-flow for one- and two-family dwellings, and Group R-3 buildings located in a fire hazard zone shall not be less than 1,250 gallons per minute (15 141.6 L/min) for a 1-hour duration at 20 psi (138 kPa). SECTION 411. Appendix B, Table B105.2 is hereby amended to read as follows: 7.1.b Packet Pg. 376 HOA.103903238.11 235 TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO- FAMILY DWELLINGS, GROUP R-3 AND R -4 BUILDINGS AND TOWNHOUSES AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE- FLOW (gallons per minute) FLOW DURATION (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 or Section 903.3.1.2 of the California Fire Code 2550% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate Section 903.3.1.2 of the California Fire Code 25% of the value in Table B105.1(2)b Duration in Table B105.1(2) at the reduced flow rate For SI: 1 gallon per minute = 3.785 L/m. a. The reduced fire flow shall be not less than 1,0001,500 gallons per minute. b. The reduced fire flow shall be not less than 1,500 gallons per minute.Reserved. SECTION 412. Appendix B, Section B105.4 is hereby added to read as follows: B105.4 Mobilehome parks. The required fire-flow for mobilehome parks shall be 1,250 gallons per minute (4731.765 L/min), for a duration of 1 hour and with public hydrant spacing of not more than 600 feet (182 880 mm) apart. For mobilehome parks located in the High or Very High Fire Hazard Severity Zones, the required fire flow shall instead be 2,000 gallons per minute (7570.824 L/min) for a duration of 1 hour. In either location, for recreational 7.1.b Packet Pg. 377 HOA.103903238.11 236 buildings located within a mobilehome park, the fire-flow and duration shall be according to the fire-flow calculation area set forth in Table B105.1(2). SECTION 413. Appendix B, Section B105.5 is hereby added to read as follows: B105.5 Land subdivision projects. For the subdivision of undeveloped land for other than single-family dwellings, due to the undetermined building size and type of construction, the required fire flow shall be 4,000 gallons per minute (15 141.6 L/min) for a duration of 4 hours with public hydrant spacing of 300 feet (91 440 mm). The required fire-flow for the subdivision of land consisting of lots having existing structures shall be in accordance with Table B105.1(2) for fire-flow and duration. SECTION 414. Appendix C, Section C102 is hereby amended to read as follows: C102 NUMBER OF FIRE HYDRANTSLOCATION SECTION 415. Appendix C, Section C102.1 is hereby amended to read as follows: C102.1 Minimum number of fire hydrants for a buildingFire hydrant locations. The number of fire hydrants available to a building shall be not less than the minimum specified in Table C102.1Fire hydrants shall be provided at intersections and along required fire apparatus access roads and adjacent public streets. 7.1.b Packet Pg. 378 HOA.103903238.11 237 SECTION 416. Appendix C, Table C102.1 is hereby deleted in entirety as follows: TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTSh FIRE-FLOW REQUIREMENT (gpm) MINIMUM NUMBER OF HYDRANTS AVERAGE SPACING BETWEEN HYDRANTSa,b,c,f,g (feet) MAXIMUM DISTANCE FROM ANY POINT ON STREET OR ROAD FRONTAGE TO A HYDRANTd,f,g 1,750 or less 1 500 250 1,751-2,250 2 450 225 2,251-2,750 3 450 225 2,751-3,250 3 400 225 3,251-4,000 4 350 210 4,001-5,000 5 300 180 5,001-5,500 6 300 180 5,501-6,000 6 250 150 6,001-7,000 7 250 150 7,001 or more 8 or moree 200 120 For SI: 1 foot = 304.8 mm, 1 gallon per minute = 3.785 L/m. a. Reduce by 100 feet for dead-end streets or roads. b. Where streets are provided with median dividers that cannot be crossed by fire fighters pulling hose lines, or where arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000 vehicles per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating basis. 7.1.b Packet Pg. 379 HOA.103903238.11 238 c. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards. d. Reduce by 50 feet for dead-end streets or roads. e. One hydrant for each 1,000 gallons per minute or fraction thereof. f. A 50-percent spacing increase shall be permitted where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 of the California Fire Code. g. A 25-percent spacing increase shall be permitted where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.2 or 903.3.1.3 of the California Fire Code or Section 313 of the California Residential Code. h. The fire code official is authorized to modify the location, number and distribution of fire hydrants based on site-specific constraints and hazards. SECTION 417. Appendix C, Section C102.2 is hereby added to read as follows: C102.2 Location on street. Public hydrants shall be required on both sides of the street whenever streets are 64 feet (19 507 mm) or greater in width and containing four or more traffic lanes; or have raised median center dividers that make access to hydrants difficult, cause time delays, and/or create an undue hazard as determined by the fire code official. 7.1.b Packet Pg. 380 HOA.103903238.11 239 SECTION 418. Appendix C, Section C103 is hereby amended to read as follows: C103 FIRE HYDRANT SPACINGNUMBER OF HYDRANTS C103.1 Hydrant spacingFire hydrants available. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3The minimum number of fire hydrants available to a building, complex or subdivision shall not be less than that determined by the spacing requirements in Sections C105 and C106 when applied to fire apparatus access roads and perimeter public streets from which fire operations could be conducted. SECTION 419. Appendix C, Section C103.2 is hereby deleted as follows: C103.2 Average spacing. The average spacing between fire hydrants shall be in accordance with Table C102.1. Exception: The average spacing shall be permitted to be increased by 10 percent where existing fire hydrants provide all or a portion of the required number of fire hydrants. SECTION 420. Appendix C, Section C103.3 is hereby deleted as follows: C103.3 Maximum spacing. The maximum spacing between fire hydrants shall be in accordance with Table C102.1. 7.1.b Packet Pg. 381 HOA.103903238.11 240 SECTION 421. Appendix C, Section C104.1 is hereby amended to read as follows: C104.1 Existing fire hydrants. Existing fire hydrants on public streets are allowed to be considered as available to meet the requirements of Sections C102 and C103. Existing fire hydrants on adjacent properties are allowed to be considered as available to meet the requirements of Sections C102 and C103 provided that a fire apparatus access roads extends between properties and that an easements isare established to prevent obstruction of such roads. SECTION 422. Appendix C, Section C105 is hereby amended to read as follows: C105 REFERENCED STANDARDDISTRIBUTION OF FIRE HYDRANTS SECTION 423. Appendix C, Section C105.1 is hereby amended to read as follows: C105.1 GeneralHydrant spacing. See Table C105.1 for standards that are referenced in various sections of this appendix. Standards are listed by the standard identification with the effective date, standard title, and the section or sections of this appendix that reference the standard.Fire hydrants shall be spaced in accordance with Sections C105.2 through C105.4. 7.1.b Packet Pg. 382 HOA.103903238.11 241 SECTION 424. Appendix C, Table C105.1 is hereby deleted in entirety as follows: TABLE C105.1 REFERENCED STANDARD STANDARD ACRONYM STANDARD NAME SECTION HEREIN REFERENCED CRC—22 California Residential Code Table C102.1 SECTION 425. Appendix C, Section C105.2 is hereby added to read as follows: C105.2 One- and two-family dwellings, and Group R-3 buildings. For one- and two-family dwellings, and Group R-3 buildings, fire hydrants shall be spaced no more than 600 feet (182.88 m) apart. For properties with more than one dwelling unit per acre, no portion of lot frontage should be more than 450 feet (137.16 m) away, via fire apparatus access, from a public hydrant. For properties less than one dwelling unit per acre, no portion of a fire apparatus access roadway shall be farther than 750 feet (228.6 m) away, via fire apparatus access, from a properly spaced public hydrant that meets the required fire-flow. SECTION 426. Appendix C, Section C105.3 is hereby added to read as follows: C105.3 Buildings other than one- and two-family dwellings, and Group R-3 buildings. For all occupancies other than one- and two-family dwellings, and Group R-3 buildings, including commercial, industrial, multifamily dwellings, private schools, and 7.1.b Packet Pg. 383 HOA.103903238.11 242 institutions, fire hydrant spacing shall be 300 feet (91.44 m). No portion of lot frontage shall be more than 200 feet (60.96 m), via fire apparatus access, from a public hydrant. SECTION 427. Appendix C, Section C105.4 is hereby added to read as follows: C105.4 Cul-de-sac hydrant location. When cul-de-sac depth exceeds 450 feet (137.16 m) (residential) or 200 feet (60.96 m) (commercial), hydrants shall be required at mid-block. Additional hydrants will be required if hydrant spacing exceeds specified distances in Sections C105.2 and C105.3. SECTION 428. Appendix C Section C106 is hereby added to read as follows: C106 ON-SITE HYDRANTS C106.1 Required on-site hydrants. When any portion of a proposed structure exceeds the allowable distances from a public hydrant, via fire apparatus access, on-site hydrants shall be provided. The spacing distance between on-site hydrants shall be 300 to 400 feet (91 440 mm to 121 920 mm). All on-site fire hydrants shall have, at a minimum, a fire-flow of 1,250 gallons per minute (4732 L/min) at 20 psi (137.895 kPa) for a duration of 2 hours. If more than one on-site fire hydrant is required, the fire flow shall be the lesser of either the required fire flow for the building, or 2,500 gallons per minute (9463.53 L/min) at 20 psi (137.895 kPa) for a duration of 2 hours. All on-site hydrants shall be installed a minimum of 25 feet (7620 mm) from a structure or protected by a 2-hour firewall. 7.1.b Packet Pg. 384 HOA.103903238.11 243 Exception: For fully sprinklered multifamily residential structures, on-site hydrants may be installed a minimum of 10 feet (3.05 m) from the structure. SECTION 429. Appendix O, Section O101.2 is hereby amended to read as follows: O101.2 Permits. An place of assembly operational permit shall be required forto operate temporary amusement haunted houses, ghost walks, or similar amusement uses in accordance with Appendix O101.2. SECTION 430. Appendix O, Section O101.2.1 is hereby amended to read as follows: O101.2.1 Permit documents. The permit applicationapplicant shall submit construction documents for approval which include, at a minimum, a dimensioned site plan and floor plan. . . . SECTION 431. Appendix O, Section O101.3 is hereby added to read as follows: O101.3 Jurisdictional building and planning department approval. Approval to operate a temporary amusement haunted house or similar use or to change the approved use of an existing building, or portion thereof, for temporary amusement haunted house or similar use shall be approved by the jurisdictional 7.1.b Packet Pg. 385 HOA.103903238.11 244 building official and planning official prior to the Fire Department's final construction approval and issuance of an operational permit. SECTION 432. Appendix O, Section O102.2 is hereby amended to read as follows: O102.2 TEMPORARY AMUSEMENT HAUNTED HOUSE. A temporary building or structure, or portion thereof, which contains a system that transports passengers or provides a walkway through a course so arranged that the means of egresses are not apparent due to theatrical distractions, not visible due to low illumination, are disguised or are not readily available due to the method of transportation through the building or structure. These are usually used during the Halloween season for amusement or entertainment purposes where decorative materials, props, visual effects, or audio effects are utilized to create theatrical environment. A temporary amusement haunted house may be deemed a special amusement area by the fire code official depending on the floor plan layout, lighting, or visual distractions used and the effects those elements have on identifying and accessing the means of egress in the event of a fire or an emergency. SECTION 433. Appendix O, Section O102.3 is hereby amended to read as follows: O102.3 GHOST WALKS. Similar to temporary amusement haunted houses and may include both indoor and outdoor areas where the means of egresses are similarly not readily identifiableused for amusement or entertainment purposes. 7.1.b Packet Pg. 386 HOA.103903238.11 245 SECTION 434. Appendix O, Section O102.4 is hereby added to read as follows: O102.4 TEMPORARY. Temporary shall mean amusement use of buildings or structures, or portion thereof, at one location for not more than 90 days within a one-year period. SECTION 435. Appendix O, Section O102.5 is hereby added to read as follows: O102.5 SPECIAL AMUSEMENT AREA. A special amusement area is any temporary, permanent, or mobile building or portion thereof that is occupied for amusement, entertainment or educational purposes and is arranged in a manner that: 1. Makes the means of egress path not readily apparent due to visual and audio distractions, or 2. Intentionally confounds identification of the means of egress path, or 3. Otherwise makes the means of egress path not readily available because of the nature of the attraction or mode of conveyance through the special amusement area, building, structure or portion thereof. 7.1.b Packet Pg. 387 HOA.103903238.11 246 SECTION 436. Appendix O, Section O103.1 is hereby amended to read as follows: O103.1 Allowable structures. Temporary amusement Hhaunted houses, ghost walks, and similar amusement uses which meet the definition of a Special Amusement Area shall only be located in structures that comply with the provisions for Special Amusement Areas in accordance with the California Building Code, and any applicable requirements in the County Code. SECTION 437. Appendix O, Section O103.7 is hereby amended to read as follows: O103.7 Fire protection. Temporary amusement Hhaunted houses and, ghost walks, and similar amusement uses which meet the definition of a Special Amusement Area shall be provided with fire protection systems in accordance with Appendix O103.7. . . . SECTION 438. Appendix O, Section O103.7.2 is hereby amended to read as follows: O103.7.2 Fire detection systems. An approved automatic fire detection system shall be provided in accordance with Section 907.2.12, as required for Special aAmusement buildingsAreas. 7.1.b Packet Pg. 388 HOA.103903238.11 247 SECTION 439. Appendix O, Section O103.7.4 is hereby amended to read as follows: O103.7.4 Emergency voice alarm. Provide an emergency voice/alarm communication system in accordance with Section 907.2.12, as required for Special aAmusement buildingsAreas. SECTION 440. Appendix O, Section O103.9 is hereby amended to read as follows: O103.9 Decorative materials and interior finishes. Interior wall, ceiling, and floor finishes shall be Class A rated in accordance with the California Building Code, and any applicable requirements in the County Code. SECTION 441. Appendix O, Section O103.15 is hereby amended to read as follows: O103.15 Maintenance. Good housekeeping shall be maintained at all times throughout exhibit and exit pathways. The means of egress system shall not be obstructed during event operation. SECTION 442. Appendix PP is hereby added to read as follows: APPENDIX PP LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES PP101 GENERAL PP101.1 Scope. This appendix defines Local Agency Very High Fire Hazard Severity Zones and provides the legal description of the geographic areas for the installation of fire sprinkler systems in occupancies as required by Section 903.2.11.7. 7.1.b Packet Pg. 389 HOA.103903238.11 248 PP101.2 DEFINITIONS See Chapter 49 for definitions. PP102 LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES PP102.1 General. Local Agency Very High Fire Hazard Severity Zones, as defined in Section 4902.1 of this code, are hereby designated in those areas as specified in Sections PP102.2 and PP102.3 of Appendix PP. Also see Chapter 49. PP102.2 Designation of Local Agency Very High Fire Hazard Severity Zones (VHFHSZ) in incorporated cities of the Consolidated Fire Protection District of Los Angeles County. The following incorporated cities are designated as being located wholly or in part in the Local Responsibility Area Very High Fire Hazard Severity Zone: Agoura Hills, Azusa, Bradbury, Calabasas, Claremont, Covina, Diamond Bar, Duarte, Glendora, Hidden Hills, Irwindale, La Canada Flintridge, La Habra, La Mirada, Malibu, Palmdale, Palos Verdes Estates, Pomona, Rancho Palos Verdes, Rolling Hills, Rolling Hills Estates, San Dimas, Santa Clarita, Walnut, Westlake Village, and Whittier. PP102.3 Designation of Local Agency Very High Fire Hazard Severity Zones (VHFHSZ) in unincorporated areas of Los Angeles County. The following unincorporated areas located near the following jurisdictions are designated as being located wholly or in part in the Local Responsibility Area Fire Hazard Severity Zones: Angeles National Forest, City of Hidden Hills, parcels between the City of Agoura Hills and the City of Calabasas, Santa Monica Mountains, parcels 7.1.b Packet Pg. 390 HOA.103903238.11 249 south of the City of Diamond Bar, parcels north of the City of Whittier, San Dimas, Covina, West Covina, parcels located east of the Cities of Covina and West Covina, Universal City, parcels west of Rolling Hills, Baldwin Hills, Catalina Island, Claremont, Claremont Island, Glendora, Azusa, La Habra Heights, Whittier, West Hills and Valley Boulevard, the Malibu–Santa Monica Mountains Area, and the San Gabriel Mountains Southface Area. PP102.4 Parcel identification. All map and parcel identification, fire hazard severity zone designation, and other information for those areas as specified in Sections PP102.2 and PP102.3 shall be accessible to property owners and the public at the Fire Department's fire prevention engineering unit offices or at the Forestry Division's fuel modification unit office. PP102.5 Periodic review. The fire code official shall periodically review the areas in the Consolidated Fire Protection District of Los Angeles County identified as Fire Hazard Severity Zones pursuant to this section, and as necessary, make recommendations to revise the Fire Hazard Severity Zones. See California Government Code Sections 51175 through 51189. PP103 SAN GABRIEL MOUNTAINS SOUTHFACE AREA AND MALIBU–SANTA MONICA MOUNTAINS AREA PP103.1 General. The San Gabriel Mountains Southface Area and the Malibu–Santa Monica Mountains Area are hereby designated in those areas as specified in Sections PP103.2 and PP103.3 of Appendix PP. Also see Section 903.2.11.7. 7.1.b Packet Pg. 391 HOA.103903238.11 250 PP103.2 Malibu–Santa Monica Mountains Area. Beginning at a point where the Los Angeles County–Ventura County boundary line meets the Pacific Ocean mean high tide line. This being the true point of beginning. Thence, northeasterly along said Los Angeles County boundary line and all its various courses to the City of Los Angeles boundary line along the southerly line of Section 9, Township 1 North, Range 17 West, San Bernardino Base Meridian. Thence, southeasterly along said city boundary and all its various courses to the Pacific Ocean mean high tide line. Thence, westerly along said mean high tide line and all its various courses to the point of the beginning. PP103.3 San Gabriel Mountains Southface Area. Beginning at a point where Interstate 5 Freeway and Latitude 34 degrees, 21 minutes (Northern Hemisphere) intersect. This being the true point of beginning. Thence, east along said Latitude of 34 degrees, 21 minutes to the Los Angeles County– San Bernardino County boundary line. Thence, south along the Los Angeles County Boundary to State Highway 30 (Baseline Road). Thence, west on State Highway 30 to Interstate Freeway 210, along Interstate 210 Freeway to the Interstate 5 Freeway. Thence, north on said Interstate 5 Freeway to the point of beginning. SECTION 443. Appendix QQ is hereby added to read as follows: APPENDIX QQ LOS ANGELES COUNTY (LAC) FIRE-CODE FEE SCHEDULE QQ101 GENERAL Unless otherwise expressly stated herein, or stipulated otherwise in other applicable laws, fees for the services to be rendered by the Los Angeles County Fire 7.1.b Packet Pg. 392 HOA.103903238.11 251 Department (“Department”), as reflected in the descriptions and tables of this fee schedule, shall be payable to the Consolidated Fire Protection District of Los Angeles County (“District”), sometimes referred to as the Department (the administering agency of the District). QQ101.1 Annual review of fees. Fees in this schedule shall be reviewed annually by the Department. The amount of each fee shall be adjusted as follows: calculate the hourly rate for all positions included in the fee calculations based on the Los Angeles County Board of Supervisors–approved salaries and employee benefits, and Los Angeles County Auditor-Controller–approved overhead rates. The adjusted fee shall be rounded to the nearest dollar; however, no fee shall exceed the cost of providing the service for which the fee is collected. QQ102 DEFINITIONS The following words and terms are defined for the purpose of this fee schedule. Where words or terms are not defined herein, their meaning shall be in accordance with the Fire Code, Title 32, of the Los Angeles County Code, or other title of the Los Angeles County Code as most appropriate. DEFENSIBLE SPACE (D-SPACE) INSPECTION. Inspection required by the State of California and local ordinance for provision of brush clearance as described in Sections 325, 327, and 4907 of Title 32 (Fire Code) of the Los Angeles County Code. FINAL MAP. Term used by the jurisdictional planning agency to refer to the version of a subdivision map that, after receiving all necessary approvals from all 7.1.b Packet Pg. 393 HOA.103903238.11 252 necessary entities, may be filed in the office of the county recorder. Generally, the “final map” review process is preceded by a “tentative map” review process, but in certain cases laws may allow a “parcel map” to be considered the final map. FIRE PROTECTION PLAN. A document prepared, per Chapter 49, for a specific project or development proposed for a Wildland-Urban Interface (WUI) Fire Area. It describes ways to minimize and mitigate potential for loss from wildfire exposure. The fire code official is authorized to require a preliminary fire protection plan prior to the submission of a final fire protection plan. PRELIMINARY FIRE PROTECTION PLAN. See Chapter 49, Section 4903. FINAL FIRE PROTECTION PLAN. See Chapter 49, Section 4903. FUEL MODIFICATION. See Chapter 49, including Section 4902 (Definitions), and Section 4906 (Vegetation Management). LACC. Los Angeles County Code. LAND DEVELOPMENT UNIT (LDU). A unit of the Department Fire Prevention Division, the duties of which normally include determination of Fire Department conditions pertaining to water and access on applications for subdivisions, entitlements and discretionary permits within the jurisdiction of the District. LOT. The terms "lot" and “parcel” shall be used synonymously. PARCEL. The terms "parcel" and “lot” shall be used synonymously. PARCEL MAP. A map for subdivisions, per California Government Code, Section 66426, and any other applicable laws. Generally, this term is used to 7.1.b Packet Pg. 394 HOA.103903238.11 253 refer to application maps for subdivisions that result in no more than 4 lots. See “FINAL MAP.” PUBLIC ROAD EASEMENT VACATION. Also referred to as a “street vacation.” The complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. See California Streets and Highway Code, Division 9, Part 3, for more details. SUBDIVISION. See definition in the California Subdivision Map Act (Government Code Section 66424). TENTATIVE MAP. Term referring to a map made for the purpose of showing the design and improvement of a proposed subdivision, and the existing conditions in and around it, for review during an early stage of the subdivision application process. It need not be based upon an accurate or detailed final survey of the property. See “FINAL MAP” and “PARCEL MAP.” TRACT MAP. Descriptor of maps used to distinguish subdivisions resulting in 5 or more lots. QQ103 FORESTRY DIVISION SERVICE FEES. QQ103.1 Oak tree review fees. QQ103.1.1 Initial survey. Upon receiving request for an oak tree environmental review, the site will be surveyed by the County Forester to determine the number of trees requiring review. The fee assessment will be based on that number. 7.1.b Packet Pg. 395 HOA.103903238.11 254 TABLE QQ103.1(1) OAK TREE PLAN REVIEW NUMBER OF TREES FEE 1 1–15 $900.00 2 16–50 $1,000.00 3 51–100 $1,800.00 4 101–200 $2,799.00 5 201–400 $4,799.00 6 ≥401 $7,998.00 TABLE QQ103.1(2) OAK TREE INSPECTION SERVICE FEE 1 Inspection $376.00 QQ103.2 Fuel-modification fees. TABLE QQ103.2 FUEL MODIFICATION PLAN — REVIEW AND INSPECTION CONSTRUCTION APPLICATIONS — Description FEEa 1.) Barns, garages, accessory structures $624.00 2.) New residential, commercial, or industrial structures: a.) < 2,500 sq. ft. in total area $723.00 b.) ≥ 2,500 sq. ft. in total area $845.00 3.) Additions/modifications to existing residential, commercial, or industrial structures which increase the square footage or footprint of the structure by 50 percent or more and for which the addition/modification is: a.) < 2,500 sq. ft. in total area $723.00 b.) ≥ 2,500 sq. ft. in total area $845.00 4.) Change of occupancy: 7.1.b Packet Pg. 396 HOA.103903238.11 255 a.) ≤ 2,500 sq. ft. $723.00 b.) > 2,500 sq. ft. $845.00 5.) Tracts only, where the residential structures are proposed to be built by the same individual or entity: New residential structure ≥ 2,500 sq. ft. in total area, within currently developing tracts of 25 or more lots $732.00 SUBDIVISION MAPS REVIEW PROCESS — Description FEEa 6.) Subdivision where proposal would result in 4 or fewer lots a.) Fire protection plan review $162.00 7.) Subdivision where proposal would result in 5 or more lots a.) Preliminary fire protection plan review $1,133.00 b.) Final fire protection plan review — includes lots 5–20 $1,230.00 c.) Final fire protection plan review — each additional 10 lots, or portion thereof, over 20 $752.00 a . Per review and inspection. QQ103.3 Defensible (D-Space) inspection fees. TABLE QQ103.3 DEFENSIBLE-SPACE (D-SPACE) INSPECTION SUBJECT OF REVIEW / SERVICE REQUESTED FEEa 1.) Initial Inspection (Fee to be phased in as described by year, below) a.) 2022 $50.00 b.) 2023 $100.00 c.) 2024 $151.00 2.) Noncompliance at Second Inspection Abatement Enforcement Administrative Fee $908.00 a. Per parcel. 7.1.b Packet Pg. 397 HOA.103903238.11 256 QQ104 FIRE PREVENTION DIVISION FEES QQ104.1 Land Development Unit (LDU) fees. TABLE QQ104.1(1) LDU SUBDIVISION REVIEWS OF "TENTATIVE MAPS" SUBJECT OF REVIEW / SERVICE REQUESTED FEE A.) MINOR LAND DIVISIONS (Sometimes referred to as "Parcel Map" Reviews) A1.) Initial Review (Each fee charge purchases 3 reviews) a.) Initial submittal $1,289.00 A2.) Additional Reviews/Revisions (Each fee charge purchases 1 review) a.) Submittal of a revision (i.e., "revised map" is required) to a map that has not yet received approval by the advisory agency of the county or the city (or if there is no advisory agency, then by the legislative body thereof). ("REVISION") $372.00 b.) Submittal of a revision (i.e., "revised map" is required) of the conditions of approval for a map that had already received approval by the advisory agency of the county or the city (or if there is no advisory agency, then by the legislative body thereof). ("REVISED") $725.00 c.) Submittal of a less-than-significant revision to a map (i.e., a "revised map" is not required). ("AMENDMENT") $442.00 B.) MAJOR LAND DIVISIONS (Sometimes referred to as "Tract Map" Reviews) B1.) Initial Review (Each fee charge purchases 3 reviews) a.) Lots 1–10 (i.e., single flat fee covers up to 10 lots) $2,983.00 b.) Each additional lot between 11–50 $23.00 c.) Each additional lot between 51–100 $17.00 d.) Each additional lot between 101–1,000 $13.00 e.) Each additional lot 1,001 or greater $7.00 B2.) Additional Reviews/Revisions (Each fee charge purchases 1 review) a.) Submittal of a revision (i.e., "revised map" is required) to a map that has not yet received approval by the advisory agency of the county or the city (or if there is no advisory agency, then by the legislative body thereof). ("REVISION") $442.00 b.) Submittal of a revision (i.e., "revised map" is required) of the conditions of approval for a map that had already received approval by the advisory agency of the county or the city (or if there is no advisory agency, then by the legislative body thereof). ("REVISED") $1,431.00 7.1.b Packet Pg. 398 HOA.103903238.11 257 LDU SUBDIVISION REVIEWS OF "TENTATIVE MAPS" SUBJECT OF REVIEW / SERVICE REQUESTED FEE c.) Submittal of a less-than-significant revision to a map (i.e., a "revised map" is not required). ("AMENDMENT") $725.00 TABLE QQ104.1(2) LDU SUBDIVISION REVIEWS OF "FINAL MAPS"a SUBJECT OF REVIEW / SERVICE REQUESTED FEE 1.) Initial Review (Each fee charge purchases 3 reviews) a.) Each map consisting of 1-5 lots. $725.00 b.) Each map consisting of 6–10 lots. $795.00 c.) Each map consisting of 11–25 lots. $936.00 d.) Each map consisting of 26–50 lots. $1,078.00 e.) Each map consisting of 51 or more lots. $1,289.00 2.) Additional Reviews (Each fee charge purchases 1 review) a.) Supplemental review (i.e., when a final map is submitted more than three times). $231.00 3.) Verification (Each fee charge purchases 1 review) a.) Verification that the final map complies with the applicable ordinances, conditions, and other requirements. $301.00 a. Regarding application of Table QQ104.1(1) and Table QQ104.1(2): In cases where laws and agencies allow a one-step review process (i.e., a "parcel map" review where no "tentative map" review is necessary), the Fire Department shall be authorized to assess the applicable service fee(s) that most appropriately reflect the service(s) being provided, whether from Table QQ104.1(1) or Table QQ104.1(2). 7.1.b Packet Pg. 399 HOA.103903238.11 258 TABLE QQ104.1(3) LDU MISCELLANEOUS FEES SUBJECT OF REVIEW / SERVICE REQUESTED FEE 1 Coastal Development Permit (CDP) $442.00 2 Conditional Use Permit (CUP) $442.00 3 Conditional Use Permit (CUP) — revised $259.00 4 Discretionary-permit review, including, but not limited to: design review, design overlay review (DOR), development permit application review, "Exhibit 'A'" review, planned urban development (PUD) review, and preliminary review $301.00 5 "Exhibit ‘A ’" — revised $301.00 6 Grading plan review – fire lanes and private driveways $301.00 7 Lot-line adjustment(s), and/or lot merger(s) $301.00 8 Mobilehome park or special occupancy park $442.00 9 "One Stop " advisory counseling/review $176.00 10 Vacation of public road easement $301.00 11 Waiver request $329.00 12 Water appeals board $160.00 13 Water/Hydrant (public) plans and systems $301.00 14 Each additional hydrant over 10 $35.00 15 Zone change $301.00 QQ104.2 Operational permit fees. TABLE QQ104.2 OPERATIONAL PERMIT FEES PROPOSED ACTIVITY FEEa 1 Activities in Wildfire Risk Areas $390.00 2 Additive Manufacturing $390.00 3 Aerosol Products $390.00 4 Amusement Buildings $390.00 5 Automobile Wrecking Yard $390.00 7.1.b Packet Pg. 400 HOA.103903238.11 259 OPERATIONAL PERMIT FEES PROPOSED ACTIVITY FEEa 6 Aviation Facility $390.00 7 Bonfire $390.00 8 Carbon Dioxide Systems used in Beverage Dispensing Applications $390.00 9 Carbon Dioxide Enrichment Systems $390.00 10 Carnivals and Fairs $390.00 11 Cellulose Nitrate Film $390.00 12 Combustible-Dust Producing Operations $390.00 13 Combustible Fibers $390.00 14 Commercial Rubbish-Handling Operation $390.00 15 Compressed Gases $390.00 16 Covered and Open Mall Buildings $390.00 17 Cryogenic Fluids $390.00 18 Cutting and Welding Permit $390.00 19 Dry Cleaning Plants $390.00 20 Energy Storage Systems $390.00 21 Exhibits and Trade Shows $390.00 22 Explosives $390.00 23 Fire Hydrants and Valves $390.00 24 Fireworks Display $390.00 25 Flammable or Combustible Liquids $390.00 26 Floor Finishing $390.00 27 Fruit and Crop Ripening $390.00 28 Fumigation and Insecticidal Fogging $390.00 29 Hazardous Production Materials (HPM) Facilities $390.00 30 Hazardous Materials $390.00 31 Helicopter Landing Facility $390.00 32 High-Piled Combustible Storage $390.00 33 Hot Work Operations $390.00 34 Industrial Ovens $390.00 35 Liquid- or Gas-Fueled Vehicles or Equipment in Assembly Buildings $390.00 36 Lithium Batteries $390.00 37 LP Gas $390.00 38 Lumber Yards and Woodworking Plants $390.00 39 Magnesium $390.00 7.1.b Packet Pg. 401 HOA.103903238.11 260 OPERATIONAL PERMIT FEES PROPOSED ACTIVITY FEEa 40 Mass-Gathering Event, 5000 or More People $780.00 41 Miscellaneous Combustible Storage $390.00 42 Mobile Fueling of Hydrogen-Fueled Vehicles $390.00 43 Model Rockets $390.00 44 Motor Fuel-Dispensing Facilities $390.00 45 Oil and/or Natural Gas Wells $390.00 46 Open Burning $390.00 47 Open Flames and Candles $390.00 48 Open Flames and Torches $390.00 49 Organic Coatings $390.00 50 Outdoor Assembly Event $390.00 51 Pallet Yard $390.00 52 Parade Float $390.00 53 Places of Assembly $390.00 54 Plant Extraction Systems $390.00 55 Privately Contracted Private Fire Prevention Resource $390.00 56 Private Fire Hydrants $390.00 57 Pyrotechnic Special Effects Material $390.00 58 Pyroxylin Plastics $390.00 59 Radioactive Materials $390.00 60 Recreational Fire $390.00 61 Refrigeration Equipment $390.00 62 Repair Garages and Motor Fuel-Dispensing Facilities $390.00 63 Rooftop Helicopter Facility $390.00 64 Rifle Range $390.00 65 Special Events $390.00 66 Spraying or Dipping $390.00 67 Storage of Scrap Tires and Tire By-Products $390.00 68 Temporary Sales Lots $390.00 69 Temporary Membrane Structures and Tents $390.00 70 Tire-Rebuilding Plants $390.00 71 Tire Storage $390.00 72 Waste Handling $390.00 73 Wood Products $390.00 a. Per permit. 7.1.b Packet Pg. 402 HOA.103903238.11 261 QQ104.2.1 Film and production permit fees. TABLE QQ104.2.1 FILM AND PRODUCTION PERMIT FEES PERMIT TYPE FEEa 1 Pyrotechnics and Special Effects $458.00 1a.) Permit-revision fee $115.00 2 Filming $451.00 2a.) Permit-revision fee $113.00 3 Fuel-Dispensing Trucks and Vehicles $492.00 3a.) Permit-revision fee $123.00 4 Commercial Still Photography $452.00 4a.) Permit-revision fee $113.00 a. Per permit. QQ104.3 Plan review fees. TABLE QQ104.3(1) BUILDING PLAN REVIEW TYPE OF REVIEW FEEa 1 Dwelling, one- and two-family $565.00 2 Multifamily residence $776.00 3 Photovoltaic residential $776.00 4 Photovoltaic commercial $776.00 5 Commercial (B, F, S, M) $776.00 6 Assembly occupancy $706.00 7 Educational/institutional occupancy $1,059.00 8 Hazardous occupancy $918.00 9 High-rise buildings over 75 feet in height $1,694.00 7.1.b Packet Pg. 403 HOA.103903238.11 262 BUILDING PLAN REVIEW TYPE OF REVIEW FEEa 10 Smoke-control rational analysis $1,412.00 11 High-piled combustible storage $565.00 12 Site plan review — water and access $565.00 13 Hazardous materials review (1–50 chemicals) $776.00 14 Hazardous materials review (> 50 chemicals) $1,271.00 a. Per plan review. TABLE QQ104.3(2) FIRE SPRINKLER PLAN REVIEW TYPE OF REVIEW FEEa 1 NFPA 13D fire sprinkler systemb: one- or two-family dwelling $565.00 2 NFPA 13R fire sprinkler systemb: multifamily dwellings $706.00 3 NFPA 13 fire sprinkler systemb: a. ≤ 100 heads per system $565.00 b. > 100 heads per system $847.00 4 Tenant Improvements to NFPA 13 fire sprinkler systemb: a. ≤ 20 heads with/without calculation $282.00 b. > 20 heads and ≤ 100 heads with/without calculation $424.00 c. >100 heads with/without calculation $706.00 5 Underground fire protection systemb: a. Single hydrant or single riser connection $353.00 b. ≥ 2 connections for hydrants and/or risers $565.00 6 Standpipe systemb (Class I, II, & III) $565.00 7 Water storage tank $565.00 8 Special hazard fire extinguishing foam water spray nozzle systemb $565.00 9 Fire pump $706.00 a. Per plan review. 7.1.b Packet Pg. 404 HOA.103903238.11 263 FIRE SPRINKLER PLAN REVIEW TYPE OF REVIEW FEEa b. See NFPA 13 (2022 edition), A.3.3.216 Sprinkler System, for explanation of separate systems. TABLE QQ104.3(3) FIRE ALARM PLAN REVIEW TYPE OF REVIEW FEEa 1 Emergency responder communication coverage (ERCC) $1,129.00 2 Two-way communication system $565.00 3 Fire alarm system: a. ≤ 10 devices and/or fire sprinkler monitoring system $282.00 b. 11–50 devices $494.00 c. 51–90 devices $706.00 d. 91–130 devices $847.00 e. > 130 devices $1,366.00 4 Special extinguishing systems: CO2, foam, clean agent $424.00 5 Gas detection system $424.00 a. Per plan review. TABLE QQ104.3(4) MISCELLANEOUS PLAN REVIEW TYPE OF REVIEW FEEa 1 Alternative materials, design and methods of construction and equipment $553.00 2 Additional plan review after initial review and one resubmittal (per hour) $141.00 3 Expedited review (each two hours + initial fee) $282.00 4 Pre-submittal meeting (initial two-hours) $282.00 7.1.b Packet Pg. 405 HOA.103903238.11 264 MISCELLANEOUS PLAN REVIEW TYPE OF REVIEW FEEa 5 Plan review time (per hour) for modifications, re-stamp (minimum 1-hour) $141.00 6 Petroleum / Chemical Unit plan review $390.00 7 Aboveground propane/butane tank installation (125–499 gallons) $565.00 8 Tank installation or removal $390.00 9 Commercial kitchen hood systems (UL-300) $293.00 10 Paint spray booth $293.00 11 Medical gas storage system $390.00 12 Energy storage system $565.00 13 Energy storage system, Group R-3 and R-4 $195.00 14 Fuel cell power system $424.00 a. Per plan review. QQ104.4 Field inspection fees. TABLE QQ104.4(1) NEW CONSTRUCTION FIELD INSPECTION TYPE OF INSPECTION FEEa 1 Dwelling, one- and two-family $390.00 2 Multifamily residence $390.00 3 Photovoltaic residential $293.00 4 Photovoltaic commercial $780.00 5 Commercial (B, F, S, M) $585.00 6 Assembly occupancy $585.00 7 Educational/institutional occupancy $390.00 8 Hazardous occupancy $488.00 9 High-rise buildings over 75 feet in height $780.00 10 Smoke-control acceptance test $1,951.00 11 High-piled combustible storage $1,171.00 7.1.b Packet Pg. 406 HOA.103903238.11 265 NEW CONSTRUCTION FIELD INSPECTION TYPE OF INSPECTION FEEa 12 Petroleum / Chemical Unit inspection $390.00 13 Aboveground propane/butane tank installation (125–499 gallons) $195.00 14 Tank installation or removal $488.00 15 Tenant improvements projects not otherwise identified $390.00 a. Per inspection. 7.1.b Packet Pg. 407 HOA.103903238.11 266 TABLE QQ104.4(2) FIRE SPRINKLER FIELD INSPECTION TYPE OF INSPECTION FEEa 1 NFPA 13D fire sprinkler systemb: a. One- or two-family dwelling $390.00 b. Tract model one- or two-family dwelling $390.00 c. Tract non-model one- or two-family dwelling $390.00 2 NFPA 13R fire sprinkler systemb: multifamily dwellings $780.00 3 NFPA 13 fire sprinkler systemb: a. ≤ 100 heads per system $780.00 b. > 100 heads per system $976.00 4 Tenant Improvements to NFPA 13 fire sprinkler systemb: a. ≤ 20 heads $390.00 b. > 20 heads and ≤ 100 heads $585.00 c. > 100 heads $683.00 5 5-year sprinkler recertification $390.00 6 Underground fire protection systemb: a. 1–4 connections for hydrants and/or risers $390.00 b. ≥ 5 connections for hydrants and/or risers $780.00 7 Fire-flow test witness/perform $282.00 8 Water storage tank $195.00 9 Fire pump acceptance test $673.00 a. Per inspection. b. See NFPA 13 (2022 edition), A.3.3.216 Sprinkler System, for explanation of separate systems. 7.1.b Packet Pg. 408 HOA.103903238.11 267 TABLE QQ104.4(3) FIRE ALARM FIELD INSPECTION TYPE OF INSPECTION FEEa 1 Fire alarm system: a. ≤ 10 devices and/or fire sprinkler monitoring system $390.00 b. 11–50 devices $585.00 c. 51–90 devices $683.00 d. 91–130 devices $780.00 e. > 130 devices $988.00 a. Per inspection. TABLE QQ104.4(4) SPECIAL SYSTEMS FIELD INSPECTION TYPE OF INSPECTION FEEa 1 Emergency responder communication coverage (ERCC) $1,561.00 2 Two-way communication system $195.00 3 Commercial kitchen hood systems $390.00 4 Special extinguishing systems: CO2, foam, clean agent $390.00 5 Gas detection system $390.00 6 Medical gas storage system $195.00 7 Energy storage system $390.00 a. Per inspection. TABLE QQ104.4(5) FIRE SAFETY FIELD INSPECTION TYPE OF INSPECTION FEEa 7.1.b Packet Pg. 409 HOA.103903238.11 268 FIRE SAFETY FIELD INSPECTION TYPE OF INSPECTION FEEa 1 State of California Form 850 - Fire Safety Inspection Request $390.00 a. Per inspection. 7.1.b Packet Pg. 410 HOA.103903238.11 269 TABLE QQ104.4(6) MISCELLANEOUS FIELD INSPECTION TYPE OF INSPECTION FEE 1 Statement-of-intended-use review and inspection (Form 30) $195.00 2 Additional inspections after initial inspection and one reinspection $98.00 3 Special / priority inspection (including after-hour, additional technical assistance, and others deemed necessary by the fire code official) — charged per hour Current hourly fire safety officer (FSO) rate QQ104.5 Annual inspection fees. TABLE QQ104.5 ANNUAL FIRE PREVENTION INSPECTION TYPE OF INSPECTION FEEa A.) Manufacturing 1 25,000 – 50,000 Square Feet $488.00 2 50,001 – 100,000 Square Feet $585.00 3 100,001 – 250,000 Square Feet $780.00 4 >250,000 Square Feet $1,171.00 B.) Warehousing 1 60,001 – 100,000 Square Feet $585.00 2 100,001 – 150,000 Square Feet $780.00 3 150,001 – 200,000 Square Feet $976.00 4 200,001 – 250,000 Square Feet $1,171.00 5 250,001 – 500,000 Square Feet $1,366.00 6 >500,000 Square Feet $1,561.00 C.) Assembly 1 < 12,500 Square Feet $390.00 2 12,501 – 25,000 Square Feet $488.00 3 25,001 – 50,000 Square Feet $585.00 7.1.b Packet Pg. 411 HOA.103903238.11 270 ANNUAL FIRE PREVENTION INSPECTION TYPE OF INSPECTION FEEa 4 50,001 – 75,000 Square Feet $683.00 5 >75,000 Square Feet $780.00 D.) High Rise 1 7-10 Stories in Height $780.00 2 11-15 Stories in Height $976.00 3 16- 20 Stories in Height $1,171.00 4 >20 Stories in Height $1,366.00 E.) Petroleum / Chemical Unit Occupancies 1 ≤ 25,000 Square Feet $390.00 2 25,001 – 50,000 Square Feet $585.00 3 50,001 – 75,000 Square Feet $780.00 4 75,001 – 100,000 Square Feet $976.00 5 >100,000 Square Feet $1,171.00 F.) Elementary / Middle / High Schools 1 < 200 Students $390.00 2 201 – 400 Students $585.00 3 401 – 700 Students $780.00 4 701 – 1,000 Students $976.00 5 1,001 – 1,500 Students $1,171.00 6 1,501 – 2,500 Students $1,366.00 7 >2,500 Students $1,561.00 G.) Private Colleges 1 < 500 Students $780.00 2 501 – 1,000 Students $1,171.00 3 1,001 – 1,500 Students $1,561.00 4 1,501 – 2,000 Students $1,951.00 5 2,001 – 3,000 Students $2,341.00 6 >3,000 Students $3,122.00 H.) Jails 1 < 2,500 Square Feet $390.00 2 2,501 – 5,000 Square Feet $585.00 3 5,001 – 10,000 Square Feet $780.00 4 10,001 – 50,000 Square Feet $1,171.00 5 >50,000 Square Feet $1,561.00 I.) Hospitals, 24-hour clinics, in-patient care and transitional care facilities 1 < 5,000 Square Feet $585.00 2 5,001 – 10,000 Square Feet $780.00 7.1.b Packet Pg. 412 HOA.103903238.11 271 ANNUAL FIRE PREVENTION INSPECTION TYPE OF INSPECTION FEEa 3 10,001 – 20,000 Square Feet $976.00 4 20,001 – 50,000 Square Feet $1,171.00 5 50,001 – 100,000 Square Feet $1,561.00 6 >100,000 Square Feet $2,341.00 7 R-3 Large Family Day Care $390.00 a. Per inspection. SECTION 444. Appendix RR is hereby added to read as follows: APPENDIX RR RIFLE RANGE RR101 GENERAL RR101.1 Scope. Rifle ranges shall comply with the basic fire- and life-safety requirements in this appendix. RR101.2 Permits. A permit from the fire code official is required to establish, maintain, or operate a rifle range. Applications for permits shall be referred to the chief law enforcement officer for approval. Permits shall be required as set forth in Sections 105.5 and 105.6. RR102 DEFINITIONS RIFLE RANGE. Any indoor or outdoor firing, shooting, or target range established, maintained, or operated for the discharge of a rifle, pistol, revolver, shotgun, or firearm. RR103 RANGE OFFICER RR103.1 Supervision. 7.1.b Packet Pg. 413 HOA.103903238.11 272 Rifle ranges shall not be operated or maintained without the supervision of a qualified range officer. RR103.2 Qualifications. To qualify as a range officer, individuals shall demonstrate to the fire code official and chief law enforcement officer their knowledge of firearms and ammunition, including the general rules of safety and the provisions of this code relative thereto. Individuals shall possess a valid certificate stating he or she is a qualified range officer. RR104 AMMUNITION RR104.1 Inspection and disposal. Ammunition shall be inspected and approved by the range officer before permission to fire or discharge the same is granted. Ammunition that will not fire or discharge or which is otherwise defective shall be surrendered to the range officer for safe disposal. RR105 FIRE APPLIANCES RR105.1 Portable fire appliances. Rifle ranges shall be equipped with portable fire appliances and other equipment required by the fire code official. Additional fire-prevention measures required by the fire code official shall be provided. RR106 VEGETATION RR106.1 Removal. Rifle ranges, including striking grounds, shall be completely clear of vegetation within a safe distance from the firing line. RR107 SIGNAGE 7.1.b Packet Pg. 414 HOA.103903238.11 273 RR107.1 Warnings. Rifle ranges which are not fenced shall be posted with approved warning posters or signs to notify and protect the public from danger. SECTION 445. FINDINGS IN SUPPORT OF ADOPTION OF MORE RESTRICTIVE BUILDING STANDARDS. The provisions of this ordinance contain various changes, modifications, and additions to the 2022 California Fire Code. Some of those changes are administrative in nature in that they do not constitute changes or modifications to requirements contained in the building standards adopted by the State Fire Marshal and published in the California Building Standards Code. Pursuant to Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, the Board of Supervisors hereby expressly finds and determines that all of the changes and modifications to requirements contained in the building standards published in the California Building Standards Code, contained in this ordinance, which are not administrative in nature, are reasonably necessary because of local climatic, geological, or topographical conditions in the County of Los Angeles and in the Consolidated Fire Protection District of Los Angeles County (“District”). This expressed finding is supported and based upon the following more specific determinations: CLIMATIC – The County of Los Angeles/District is located in an area subject to climatic conditions with long periods of low humidity and hot weather, combined with unpredictable seasonal high winds (Santa Ana wind conditions), resulting in increased exposure to fire risk. This combination of events creates an environment that is conducive to rapidly spreading fires. Control of such fires requires rapid response. 7.1.b Packet Pg. 415 HOA.103903238.11 274 With the time that is required to deal with potential obstacles from the wind, such as fallen trees, street lights, and utility poles, in addition to the time required to climb 75 feet vertically up flights of stairs, the ability to respond rapidly is negatively impacted. Additionally, there is a significant increase in the amount of wind at 60 feet above the ground. Use of aerial-type firefighting apparatus above this height would place rescue personnel at increased risk of injury. High winds will also cause burning embers to become airborne resulting in the rapid spread of a fire to nearby structures. Immediate containment of a fire is the only method by which it can be controlled during high wind conditions. In high fire severity zones, a unique combination of low humidity, strong winds, and dry vegetation exists. GEOLOGICAL – The County of Los Angeles/District is located in the middle of the seismically active area identified as Seismic Zone 4. The viability of the public water system would be questionable at best after a major seismic event. Tall buildings would become vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of any available water to floors above the 55-foot level. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create significant physical obstacles and logistical challenges. With the probability of strong aftershocks, there exists a need to provide increased protection for anyone on upper floors. Geological conditions created by the numerous faults will result in increased fire danger to structures, delayed Fire Department response, and unique rescue challenges. Seismic events of sufficient magnitude will cause substantial damage to structures. These damages are likely to be accompanied by a substantial number of fires that may 7.1.b Packet Pg. 416 HOA.103903238.11 275 exceed the Fire Department suppression capabilities. Accordingly, built-in fire suppression systems provide the only adequate measure to mitigate the potential hazards from and damage caused by such fires. The County of Los Angeles/District is subject to occasional severe rainstorms. The impacts from these rainstorms are exacerbated if hillside areas have been burned by wildland fires because significant mud and debris flows can occur. Mud and debris flows can impair Fire Department access or delay response times if access roads are obstructed by mud or debris. TOPOGRAPHICAL – The topographical conditions of the County of Los Angeles/District includes many mountains, hills, and canyons which tend to accelerate the periodic high-velocity winds by means of a Venturi effect. These canyon winds and the significant growth of vegetation of a combustible nature increase the fire danger. Additionally, long periods of dry, hot weather, combined with unpredictable seasonal winds (Santa Ana wind conditions) result in increased exposure to fire risk. The hillside areas have access roads that are narrow, steep, and contain many sharp curves, all of which makes timely response by large fire apparatus difficult. The specific sections of this code that constitute more restrictive building standards are identified in the table set forth below. The more restrictive building standards contained in this code and identified in the table below shall be applicable only in those cities served by the District which have ratified the aforesaid sections in accordance with California Health and Safety Code Section 13869. Section Local Condition Explanation and Findings 304.1.2 – Vegetation. Climatic and Topographical Local amendment requiring brush clearance to maintain defensible space for fire operations that 7.1.b Packet Pg. 417 HOA.103903238.11 276 Section Local Condition Explanation and Findings is necessary due to the unique climate and topography of the County/District to reduce risk of fire and to minimize the spreading of fire to structures. 314.4 – Vehicles. Climatic, Geological, and Topographical Local amendment providing the fuel-amount equivalencies for indoor display of vehicles using alternative fuels and other newer technologies. Necessary due to the increased risks of fire, earthquake movement and damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 316.6.1 – Structures. Climatic, Geological, and Topographical Imposes additional requirements for the grounding of construction under high-voltage transmission lines to protect property, the public, and fire fighters responding to emergencies. Necessary due to the unique climate and topography of the County/District to reduce risk of fire, to reduce the possibility of fires being causes by downed high-voltage transmission lines, to minimize the spreading of fires that may begin under transmission lines, and to protect fire fighters responding to emergencies under transmission lines. Further necessary because risk of fire is increased due to the prevalence of earthquakes in the County/District. 321 – Artificial Combustible Vegetation. Administrative Deletion in order to clarify that neither the State nor the District adopts this section or the sections of Chapter 8 that are referenced by it. 322.3 – Fire safety plan. Administrative. Declaratory of existing law for clarification to the code user. 322.4.1 – Limited indoor storage in containers. Climatic, Geological, and Topographical Local amendment providing the ability for the fire code official to consider other factors affecting the safety of the placement containers used for the collection of damaged and used lithium- based batteries. These batteries have been identified as a known source of fires, especially when damaged or aged. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the 7.1.b Packet Pg. 418 HOA.103903238.11 277 Section Local Condition Explanation and Findings County/District. These factors also complicate response times, water needs and availability, and access. 326.7 – Fire protection facilities required. Climatic, Geological, and Topographical Local amendment to require fire safety measures including but not limited to water supply, firebreaks, posting of fire watchers, access roads, restriction of activities during high fire hazard and other conditions to maintain reasonable fire safety. Necessary due to the unique climate and topography of the County/District to reduce risk of fire, to reduce the possibility of wildland fires spreading to structures, and to minimize impacts of fire. Further necessary because risk of fire is increased due to the prevalence of earthquakes in the County/District. 326.12.2 – Chimneys. Climatic and Topographical Local amendment to reduce the threat of fires by requiring spark arrestors on chimneys that is necessary due to the unique climate and topography of the County/District to reduce risk of fire and to minimize impacts of fire. Such spark arrestors reduce the likelihood of embers exiting a chimney and igniting a fire. These spark arrestors are required by the SFM in both CCR Title 19 and the Building Code. 326.14 – Roadway clearance. Climatic and Topographical Local amendment requiring clearance of roadways to provide adequate access for firefighting apparatus, to create defensible space for fire operations, and to reduce the possibility of wildland fires spreading to structures. Necessary due to the unique climate and topography of the County/District. 401.10 – Fire watch procedures, 401.10.1, 401.10.2, 401.10.3, 401.10.4, 401.10.5, 401.10.6. Climatic, Geological, and Topographical Provides for consistency in the minimum requirements of a fire watch program. Necessary to ensure adequate response times and actions due to the unique climatic and topographical conditions that increase the risk of fires in fire hazard severity zones. Further necessary because risk of fire is increased due to the prevalence of earthquakes in the County/District. 7.1.b Packet Pg. 419 HOA.103903238.11 278 Section Local Condition Explanation and Findings 503.1.1 – Buildings and facilities. Climatic, Geological, and Topographical Provides for clarification regarding the determination of the fire code official for certain special circumstances. Necessary to ensure adequate response times and actions due to the unique climatic and topographical conditions that increase the risk of fires in fire hazard severity zones. Further necessary because risk of fire is increased due to the prevalence of earthquakes in the County/District. 503.1.2 – Additional access. Climatic, Geological, and Topographical Provides for additional access requirements necessary because of terrain, climate, or other factors that limit access. Necessary to ensure adequate response times due to the unique climatic and topographical conditions that increase the risk of fires in fire hazard severity zones. Further necessary because risk of fire is increased due to the prevalence of earthquakes in the County/District. 503.2.1 – Dimensions, 503.2.1.1, 503.2.1.2, 503.2.1.2.1, 503.2.1.2.2, 503.2.1.2.2.1, 503.2.1.2.2.2 Climatic, Geological, and Topographical Requires unobstructed clearance to sky on fire apparatus access roads with exception for protected tree species. Necessary to prevent obstruction of access roads by tree limbs or other obstructions and thus allow for quick response times to fires and other emergencies. Necessary to ensure adequate response times due to the unique climatic and topographical conditions that increase the risk of fires in fire hazard severity zones. Requires sufficient fire apparatus access road widths and the location of said roads in respect to buildings. Necessary because risk of fire and collapse is increased due to the prevalence of earthquakes in the County/District. 503.2.4 – Turning radius, 503.2.5 – Dead-ends, 503.2.7 – Grade. Climatic, Geological, and Topographical Provides for more stringent width, turning radius, and grade specifications for access roads to ensure access for fire apparatus. Necessary due to unique climatic and topographical conditions that increase the risk of fires. Further necessary because risk of fire is increased due to the prevalence of earthquakes in the County/District. 7.1.b Packet Pg. 420 HOA.103903238.11 279 Section Local Condition Explanation and Findings 503.4 – Obstruction of fire apparatus access roads. Climatic, Geological, and Topographical Adds speed bumps and speed humps to list of prohibited obstructions to fire apparatus access roads. Speed bumps and speed humps reduce response times to fires and other emergencies because fire apparatus have to slow down to pass over them or drive around them. Necessary to ensure adequate response times due to the unique climatic and topographical conditions that increase the risk of fires in fire hazard severity zones. Further necessary because risk of fire is increased due to the prevalence of earthquakes in the County/District. 503.4.1 – Traffic-calming devices. Climatic, Geological, and Topographical Requires fire code official approval to install traffic calming devices such as speed bumps and speed humps. Such devices can reduce response times to fires and other emergencies. Necessary to ensure adequate response times due to the unique climatic and topographical conditions that increase the risk of fires in fire hazard severity zones. This section is necessary because the risk of fire is increased due to the prevalence of earthquakes in the County/District. 503.6 – Gates. Climatic, Geological, and Topographical Requires gates placed across fire apparatus access roads meet parameters to ensure emergency access widths and operability. Necessary due to the increased risks of fire, earthquake damage, and electrical power interruption that are consequences of the unique climatic, topographical, and geological conditions of the County/District. 503.7 – Fire apparatus access roads in recreational vehicle, mobilehome, manufactured housing, sales lots, and storage lots. Climatic, Geological, and Topographical Requires fire apparatus access roads in recreational vehicle, mobilehome, manufactured housing, sales lots, and storage lots. Necessary to ensure adequate water supply and access to such locations due to the unique climatic and topographical conditions that increase the risk of fires in fire hazard severity zones. Further necessary because the risk of fire is increased due to the prevalence of earthquakes in the County/District. 503.8– Fire apparatus access roads in mobilehome parks and Climatic, Geological, and Topographical Requires additional fire apparatus access roads in mobilehome parks and special occupancy parks. Necessary to ensure adequate water supply and access to such locations due to the unique climatic and topographical conditions that 7.1.b Packet Pg. 421 HOA.103903238.11 280 Section Local Condition Explanation and Findings special occupancy parks. increase the risk of fires in fire hazard severity zones. Further necessary because risk of fire is increased due to the prevalence of earthquakes in the County/District. 504.5 – Rooftop barriers and parapets. Climatic, Geological, and Topographical Provides for emergency access to and egress from the roof in the event of fire or other emergency. Necessary because of increased danger of fire in the County/District due to unique climatic, geological, and topographical conditions. 506.1 – Where required. Climatic, Geological, and Topographical Local amendment providing for access to structures or areas where immediate access is necessary for life-saving or fire-fighting purposes. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 507.2.2 – Water tanks. Climatic, Geological, and Topographical Requires installation and maintenance standards for water tanks providing water for fire protection. Extends certain requirements to associated support structures and piping. Necessary due to the increased risks of fire and exposure that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These unique conditions also increase emergency response times, thereby increasing the time during which these water tank systems must remain in functional order. 507.5.10 – Draft system identification sign. Climatic, Geological, and Topographical Provides posting of sign to notify Fire Department of draft hydrants, including those for swimming pools and spas in fire hazard severity zone. Necessary because of unique climatic and topographical conditions that increase the risk of fires in fire hazard severity zones. Further necessary because risk of fire is increased due to the prevalence of earthquakes in the County/District. 509.1.1 – Utility and hazardous equipment identification, 509.2 – Climatic, Geological, and Topographical Provides for identification and access to the disconnection means that are required for hazardous equipment and/or energy sources serving structures, as necessary for the protection of life and for fire-fighting purposes. Necessary due to the increased risks of fire, 7.1.b Packet Pg. 422 HOA.103903238.11 281 Section Local Condition Explanation and Findings Equipment and disconnection- means access, 509.3 earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 510.1 – Emergency responder communicatio n coverage (ERCC) in new buildings. Administrative Clarifies how the fire code official will make the determination that is required of them by the State code. 510.4.1, 510.4.1.1, 510.4.1.2, 510.4.2, 510.4.2.3, 510.5, 510.5.1, 510.5.4, 510.6, 510.6.2 – Emergency responder communicatio n coverage. Climatic, Geological, and Topographical When the circumstances of a structure necessitate emergency responder communication coverage systems, this amendment specifies “critical areas” of the building, referred to in the State code, at which it is critical that emergency personnel have radio coverage. This list of areas is built upon the list of areas that are required to be served when a wired system is installed in lieu of an emergency responder radio coverage system. Systems are required to be provided with standby power for a duration of time. Amendment also clarifies required design standards otherwise left up to determination by the fire code official. Necessary due to the increased risks of fire, earthquake movement and damage, and electrical power interruption that are consequences of the unique climatic, topographical, and geological conditions of the County/District. Further necessary due to the artificial topographical physical features of a structure or area that limit and/or interfere with emergency radio communications for first responders. 603.4 – Working space and clearances. Climatic, Geological, and Topographical Provides for maintenance of the working clearances that are required to be maintained about electrical equipment such as electrical panels and other equipment specified by the Electrical Code. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the 7.1.b Packet Pg. 423 HOA.103903238.11 282 Section Local Condition Explanation and Findings County/District. These factors also complicate response times, water needs and availability, and access. 603.4.1 – Electrical signage and labeling. Climatic, Geological, and Topographical Provides clarification of the interpretation of this section, and reference to the related section of code. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 604.4 – Emergency signs. Climatic, Geological, and Topographical Provides guidance with local criteria that the fire code official will use in making the determination required of them by this section. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 901.6 – Inspection, testing, and maintenance. Climatic, Geological, and Topographical Prohibits obstruction or impairment of fire protection and life safety system equipment, including initiating devices, alarm notification appliances, and annunciators. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 901.6.4 – Aboveground controls and valves for water-based fire protection systems. Climatic, Geological, and Topographical Introductory section to Sections 901.6.4.1 through 901.6.4.4. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 901.6.4.1 – Signage. Climatic, Geological, and Topographical Provides signage requirements for water-control valves to facilitate fire-fighter identification and use of said valves in an emergency. Necessary 7.1.b Packet Pg. 424 HOA.103903238.11 283 Section Local Condition Explanation and Findings because of unique climatic and topographical conditions that increase the risk of fires in fire hazard severity zones. Further necessary because risk of fire is increased due to the prevalence of earthquakes in the County/District. 901.6.4.2 – Locks. Climatic, Geological, and Topographical Provides for the security, and accessibility to proper authorities, of water-based fire protection systems. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 901.6.4.3 – Painting identification. Climatic, Geological, and Topographical Provides for the identification and maintenance of water-based fire protection systems. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 901.6.4.4 – Clear space. Climatic, Geological, and Topographical Provides clearance requirements for water- control valves to facilitate fire-fighter identification and use of said valves in an emergency. Necessary because of unique climatic and topographical conditions that increase the risk of fires in fire hazard severity zones. Further necessary because risk of fire is increased due to the prevalence of earthquakes in the County/District. 903.2.8 – Group R. Climatic, Geological, and Topographical Requires that fire sprinklers be installed in mobilehomes and manufactured homes located outside of mobilehome parks. Necessary due to the increased risks of fire and exposure that are consequences of the unique climatic, topographical, and geological conditions of the County/District. 903.2.11.7 – Occupancies in fire hazard severity zones and within the San Gabriel Climatic, Geological, and Topographical Provides an additional level of protection to occupancies in case of a fire by requiring installation of automatic fire sprinklers. Necessary because of unique climatic and topographical conditions that increase the risk of catastrophic fires in fire hazard severity zones 7.1.b Packet Pg. 425 HOA.103903238.11 284 Section Local Condition Explanation and Findings Southface Area or Malibu–Santa Monica Mountains Area. and due to the topography that reduces response times to fires. Further necessary because risk of fire is increased due to the prevalence of earthquakes in the County/District. 903.4.2, 903.4.2.1 – Remote annunciator. Climatic, Geological, and Topographical Provides for fire-fighter access to the alarm system information/status where necessary due to otherwise being inaccessible or inapparent. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 904.1.1 – Certification of service personnel for fire- extinguishing equipment Administrative. Clarification to the code user that neither the Consolidated Fire Protection District of Los Angeles County, nor the State of California adopt this section. 904.3.5 – Monitoring. Climatic, Geological, and Topographical Requires monitoring of all automatic fire- extinguishing systems when a sprinkler monitoring system is otherwise required. Necessary due to the increased risks of fire and exposure that are consequences of the unique climatic, topographical, and geological conditions of the County/District. 905.2.1 – Class I standpipes. Climatic Construction and installation requirements for Class I standpipes to ensure adequate fire protection systems and water supply due to fires in the hot and windy climate of the County/District. 905.4 – Location of Class I standpipe hose connections, 905.4.3. Climatic Installation/Regulation of Fire Protection System to ensure proper location of hose connection to control fires in the hot and windy climate of the County/District. 7.1.b Packet Pg. 426 HOA.103903238.11 285 Section Local Condition Explanation and Findings 905.5.3 – Class II system 1½-inch hose. Climatic Installation and regulation of interior wet standpipes to ensure adequate fire protection system due to fires in the hot and windy climate of the County/District. 905.9 – Riser shutoff valve supervision and drain. Climatic Additional requirements to fire protection system for testing, maintenance, and operation. Necessary because of increased danger of fire in the County/District due to hot and windy conditions. 905.13 – Standpipe diameter. Climatic Size requirements for Class III standpipes to ensure adequate fire protection system. Necessary because of increased danger of fire in the County/District due to hot and windy conditions. 910.2 – Where required. Climatic and geological Requires smoke and heat removal for buildings. Necessary to increase ability of fire fighters to respond to, and fight, fires in buildings. Necessary because of increased danger of fire in the County/District due to hot and windy conditions and the prevalence of earthquakes in the County/District. 910.2.3 – Group S-2. Climatic, Geological, and Topographical Requires smoke and heat removal for basement- level parking garages. Necessary to increase ability of fire fighters to respond to fires in parking garages. Necessary due to the increased risks of fire and earthquake damage that are consequences of the unique climatic, topographical, and geological conditions of the County/District. Further necessary due to the artificial topographical physical features of a structure or area that limit and/or interfere with the ability of emergency responders to protect life, property, and the environment. 7.1.b Packet Pg. 427 HOA.103903238.11 286 Section Local Condition Explanation and Findings 910.3 – Smoke and heat vent design and installation. 910.3.2, 910.3.4, 910.3.4.1, 910.3.4.2, 910.3.4.2.1, 910.3.4.2.2, 910.3.4.3 910.3.5. Climatic, Geological, and Topographical Requirements for smoke and heat vents in buildings. Necessary due to the increased risks of fire and earthquake damage that are consequences of the unique climatic, topographical, and geological conditions of the County/District. Further necessary due to the artificial topographical physical features of a structure or area that limit and/or interfere with the ability of emergency responders to protect life, property, and the environment. 910.4.3, 910.4.4 – Mechanical smoke removal systems. Geological Requirements for smoke and heat vents and mechanical smoke removal systems in buildings. Necessary because of increased danger of fire in the County/District due to seismic concerns with potential water supply issues. 912.2 – Location. Geological and Topographical Requires that more than one fire department connection may be required. Necessary due to natural and artificial local topography, and the effects of seismic activity that could limit and/or interfere with the ability of emergency responders to access certain locations. 912.2.1 – Visible location. Climatic, Topographical, Geological Requires fire department connections to be located within 150 feet of a public fire hydrant and at a safe distance from the building. Necessary because of increased danger of fire in the County/District due to hot and windy conditions. Further necessary because the risk of fire is increased due to the prevalence of earthquakes in the County/District. 912.7 – Inspection, testing and maintenance. Climatic, Geological, and Topographical Clarifies where provisions for signage, painting, hose threads, physical protection, and clear space, for fire department connections, shall apply. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 912.8 – Identification Climatic, Topographical Requires red paint on fire department connections subject to rust or corrosion to identify 7.1.b Packet Pg. 428 HOA.103903238.11 287 Section Local Condition Explanation and Findings — paint color. them to fire fighters and protect from the elements. Necessary because of increased danger of fire in the County/District due to hot and windy conditions. 912.9 – Breakable caps or plugs. Climatic, Topographical Requires breakable caps or plugs for fire hose couplings to protect them from the elements and to ensure easy access to the fire department connection during fires. Necessary because of increased danger of fire in the County/District due to hot and windy conditions. 914.9.1 – Spray booths. Climatic Requires spray booths to have automatic fire sprinkler system protection under specified conditions. Necessary because of increased danger of fire in the County/District due to hot and windy conditions. Further necessary because the risk of fire is increased due to the prevalence of earthquakes in the County/District. 1032.4 – Exit signs, 1032.4.1, 1032.4.2, 1032.4.3 Climatic, Geological, and Topographical Requirements for minimum exit signage maintenance, including a bringing-to-one-location of existing CA requirements scattered about the code and/or providing reference thereto. Addresses warnings against elevator use in an emergency, and stairway access. Necessary to ensure proper notice and evacuation in case of fire or other emergency. Necessary because of increased danger of fire in the County/District due to hot and windy conditions. Further necessary because risk of fire and need for evacuation is increased due to the prevalence of earthquakes in the County/District. 1103.11 – Fire department access. Climatic, Geological, and Topographical Clarifies where provisions for fire department access apply, including reference to a related section of the code. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 1203.2.3 – Emergency responder communicatio n coverage Climatic, Geological, and Topographical Maintains current level of safety by maintaining current standby-power capacity duration for emergency responder communication coverage systems. Necessary due to the increased risks of fire, earthquake damage, and unpredictable 7.1.b Packet Pg. 429 HOA.103903238.11 288 Section Local Condition Explanation and Findings systems. power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 1203.2.5 – Exhaust ventilation. Climatic, Geological, and Topographical Maintains current level of safety by maintaining current standby-power capacity duration for electrical energy storage system mechanical exhaust ventilation systems. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 1203.2.7 – Gas detection systems. Climatic, Geological, and Topographical Corrects reference number for section addressing exhaust ventilation for electrical energy storage systems. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 1204.4 – Grounding. Climatic, Geological, and Topographical Clarifies when grounding will be required of portable generators. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 1205.2 – Access and pathway. Climatic, Geological, and Topographical Clarifies that exceptions to access and pathway requirements may not negate the ability of occupants to reliably identify escape and rescue pathways and avoid electrified components therein. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and 7.1.b Packet Pg. 430 HOA.103903238.11 289 Section Local Condition Explanation and Findings availability, and access. 1205.4 – Buildings with rapid shutdown. Climatic, Geological, and Topographical Provides reference to the related section of code. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 1205.5.1 – Vegetation control. Climatic, Geological, and Topographical Clarifies where this maintenance provision applies. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 1206.10 – Manual shutoff. Climatic, Geological, and Topographical Provides reference to the related section of code, and harmonizes this section thereto. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 1207.1.2 – Permits, 1207.1.3, 1207.1.4, 1207.1.4.1, 1207.1.4.2, 1207.1.5, 1207.1.7. Climatic, Geological, and Topographical Require approved permitting for electrical energy storage systems (ESS), including criteria/clarification regarding hazard mitigation analysis and special approvals beyond what the code allows by default. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 1207.3.4, 1207.3.4.1, 1207.3.5 Climatic, Geological, and Topographical Specifies design and installation requirements for electrical energy storage systems (ESS). Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also 7.1.b Packet Pg. 431 HOA.103903238.11 290 Section Local Condition Explanation and Findings complicate response times, water needs and availability, and access. 1207.4 – General installation requirements, 1207.4.1, 1207.4.2, 1207.4.7, 1207.4.8 – Signage. Climatic, Geological, and Topographical Specifies/clarifies location, separation, and signage requirements for electrical energy storage systems (ESS). Provides clarification and reference to other code requirements already applicable to these installations. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, responding resources, water needs and availability, and access. 1207.5.2, 1207.5.8, Table 1207.7, 1207.7.1, 1207.7.2, 1207.7.3, 1207.7.4, 1207.8.3, 1207.8.4. Climatic, Geological, and Topographical Specifies/clarifies location and separation requirements for electrical energy storage systems (ESS). Maintains preexisting safety levels. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 1207.4.13, 1207.5.4 – Fire detection, 1207.6.1.1, 1207.6.1.2, 1207.6.1.2.1, 1206.1.2.2, 1207.6.1.2.3 1207.6.1.2.4. Climatic, Geological, and Topographical Specifies requirements for fire-extinguishing systems, ventilation, standby power, gas detection, explosion control, and the ability to release energy, for electrical energy storage systems (ESS). Includes references to the code sections regarding fire department connections and hydrants. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. Table 1207.6, 1207.6.1.1– 1207.6.1.2.4. Climatic, Geological, and Topographical Specifies design and installation requirements for various battery technologies used in electrical energy storage systems (ESS). Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, 7.1.b Packet Pg. 432 HOA.103903238.11 291 Section Local Condition Explanation and Findings topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 1207.6.3 – Explosion control. Administrative Corrects typo to reference therein to a section within Chapter 1, which was reorganized in 2021/2022. 1207.4.6 – Combustible storage, 1207.5.7 – Vegetation. Climatic, Geological, and Topographical Clarifies that combustible storage within ESS cabinets and enclosures is not allowed, and that vegetation maintenance (operational) requirements for electrical energy storage systems (ESS) apply to both new and existing installations. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 1207.9.4, 1207.9.5. Climatic, Geological, and Topographical Addresses special installations of battery energy storage systems (ESS), including those on rooftops and in parking garages. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. Table 1207.10, 1207.10.6, 1207.10.7.2, 1207.10.7.3, 1207.10.7.6. Climatic, Geological, and Topographical Addresses mobile versions of electrical energy storage system (ESS) installations. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 1207.11, 1207.11.1, 1207.11.2.1, 1207.11.3, 1207.11.3.1, Climatic, Geological, and Topographical Addresses installations of battery energy storage systems in Group R-3 and R-4 occupancies. Maintains and clarifies standing requirements in the jurisdiction in order to maintain minimum levels of safety regarding explosion, fire, and 7.1.b Packet Pg. 433 HOA.103903238.11 292 Section Local Condition Explanation and Findings 1207.11.4, 1207.11.5.1, 1207.11.6, 1207.11.7, 1207.11.7.1, Figure 1207.11.7.1, 1207.11.7.2, 1207.11.7.3, 1207.11.7.4, 1207.11.7.4.1, 1207.11.7.4.2, 1207.11.8. toxic gas hazards, both for the property in question and that of neighboring properties. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, responding resources, water needs and availability, and access. 2007.9 – Emergency Helicopter Landing Facility (EHLF), 2007.9.1. Climatic and Topographical Provides for public safety by an evacuation/landing area on high-rise buildings and the maintenance thereof. Necessary due to large number of high-rise buildings in the County/District and difficulty in evacuating high- rise buildings, and getting resources thereto, in case of fire or other emergency. 2007.10 – Ground-based helicopter facilities, 2007.10.1 – Surface. Climatic, Geological, and Topographical Provides design standards for helistops and heliports, primarily for establishment in fire hazard severity zones, to enable helicopters and associated water tenders and support equipment to safely operate to conduct operations to combat fires and render other services in those areas. Necessary because of increased danger of fire in the County/District due to hot and windy conditions and topography that hinders the ability for fire apparatus to gain access to remote portions of the County/District. Further necessary due to the increased risks of earthquake damage that complicate response times, water needs and availability, and access. 7.1.b Packet Pg. 434 HOA.103903238.11 293 Section Local Condition Explanation and Findings 2007.10.2 – Hydrant. Climatic; Topographical Requires a hydrant next to helistops and heliports, especially in fire hazard severity zones, to enable helicopters to fill their tanks to facilitate water drops on wildland fires in those areas, and for response to aviation accidents. Necessary because of increased danger of fire in the County/District due to hot and windy conditions and topography that hinders the ability for fire apparatus to gain access to remote portions of the County/District. 2007.10.3 – Access. Climatic; Topographical Adopts requirements for fire apparatus access to helistops and heliports, especially in fire hazard severity zones, to enable support equipment and apparatus associated with helicopter operations to combat fires and render other services in those areas. Necessary because of increased danger of fire in the County/District due to hot and windy conditions and topography that hinders the ability for fire apparatus to gain access to remote portions of the County/District. 2007.11 – Maintenance, 2007.11.1 – Fire Department permit required. Climatic, Geological, and Topographical Requires maintenance of the safe and necessary functionality of a new or existing helicopter facility intended to some extent for emergency Fire Department use. Where such functionality or availability is impaired, a permit and/or notification is required. Necessary because of increased danger of fire in the County/District due to hot and windy conditions; and both topography and seismic geological activity that hinders the ability for fire apparatus to gain access to portions of the County/District, including for patient care. 2203.3 – Dust- collection systems. Climatic, Geological, and Topographical Clarifies applicability of this provision, corrects reference error by the State, and maintains the required interlock provision. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 2203.4.2 – Static electricity. Climatic, Geological, and Topographical Maintains the requirement for permanent grounding or bonding in accordance with approved standards. Necessary due to the 7.1.b Packet Pg. 435 HOA.103903238.11 294 Section Local Condition Explanation and Findings increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. 2404.4 – Fire protection. Climatic Provides for spray booths to be equipped with automatic fire sprinklers. Necessary because of increased danger of fire in the County/District due to hot and windy conditions. 2504.6, 2507.2 –FRUIT AND CROP RIPENING Climatic and Geological Provides requirements for fruit and crop ripening operations to prevent ignition of ethylene gas and reduce risk of fire and explosion. Necessary because of increased danger of fire in the County/District due to hot and windy conditions and to reduce risk of fires and explosion from earthquakes. 3104.5 – Helicopter landing facilities. Climatic, Geological, and Topographical Provides notice within the section concerning tents and temporary membrane structures that consideration must be given to nearby helicopter landing facilities so as not to interfere with their safe and necessary functionality. Necessary because of increased danger of fire in the County/District due to hot and windy conditions; and both topography and seismic geological activity that hinders the ability for ground-based fire apparatus to gain access to portions of the County/District, including for patient care. 3107.15.2.1 – Quantity limit. Climatic, Geological, and Topographical Harmonizes the code by providing reference to the related section of the code. Necessary because of increased danger of fire in the County/District due to hot and windy conditions; and both topography and seismic geological activity that hinders the ability for ground-based fire apparatus to gain access to portions of the County/District, including for patient care. 3107.18 – Combustible vegetation. Climatic and Topographic Increased clearance requirements for combustible vegetation near tents and membrane structures. Necessary to increase fire and life safety around such structures and to create defensible space. Necessary because of fire risk due to climate and unique topography of the County/District. 7.1.b Packet Pg. 436 HOA.103903238.11 295 Section Local Condition Explanation and Findings TABLE 3206.2 Climatic and Geological Removes an exception for smoke and heat removal in high-piled combustible storage. Necessary because of unique climatic conditions that increase the risk of fires. Further necessary because risk of fire is increased due to the prevalence of earthquakes in the County/District. 3305.5.2.1 – Duties. Climatic, Geological, and Topographical Harmonizes this new provision to the other longstanding requirements for fire watch within the code. Necessary because of increased danger of fire in the County/District due to hot and windy conditions; and both topography and seismic geological activity that hinders the ability for ground-based fire apparatus to gain access to portions of the County/District, including for patient care. 3505.9 – Flashback prevention. Geological Requires protective devices to be installed on fuel gas and oxygen lines to increase safety and reduce risk of explosion and fire. Necessary because risk of leaks or tank failure is increased due to the prevalence of earthquakes in the County/District. 4801.3 – DEFINITIONS. Climatic, Geological, and Topographical Clarifies the interpretation of the code for the code user. Necessary because of increased danger of fire in the County/District due to hot and windy conditions; and both topography and seismic geological activity that hinders the ability for ground-based fire apparatus to gain access to portions of the County/District, including for patient care. 4902.1 – General. Climatic, Geological, and Topographical Provides definitions by which to clarify the interpretation of the code for the code user. Necessary because of increased danger of fire in the County/District due to hot and windy conditions; and both topography and seismic geological activity that hinders the ability for ground-based fire apparatus to gain access to portions of the County/District, including for patient care. 4906.2 – Application. Climatic, Geological, and Topographical Serves to clarify the interpretation of the code for the code user. Necessary because of increased danger of fire in the County/District due to hot and windy conditions; and both topography and seismic geological activity that hinders the ability for ground-based fire apparatus to gain access to portions of the County/District, including for 7.1.b Packet Pg. 437 HOA.103903238.11 296 Section Local Condition Explanation and Findings patient care. 4906.3 – Landscape Plans, 4906.3.1 – Contents. Climatic, Geological, and Topographical Original content is being moved to become subsections of 4906.3, and these sections are being utilized to explain the administrative procedures for fuel modification plans in fire hazard severity zones within the jurisdiction. Necessary because of increased danger of fire in the County/District due to hot and windy conditions; and both topography and seismic geological activity that hinders the ability for ground-based fire apparatus to gain access to portions of the County/District, including for patient care. 4906.3.2 – Penalties, 4906.3.3 – Appeals, 4906.3.4 Fuel modification plan review fee schedule. Administrative Provide administrative procedures regarding the fuel modification plan process. 4906.3.5, 4906.3.5.1, 4906.4, 4906.4.1, 4906.4.2, 4906.4.2.1. Administrative Renumbering of code sections for harmonization with longstanding local provisions within which these processes (newly described by new State language) have and will continue to take place. 4907.3 – Requirements. Administrative Provides reference to other applicable codes; declaratory of existing law. 4907.3 – Requirements. Climatic and Topographical Local amendment providing notice of preexisting requirement that defensible space shall also comply with vegetation clearance requirements elsewhere in the Fire Code (e.g., for LPG tanks, PV, and ESS), as well as specifically within Chapter 3 of this code. Necessary due to the unique climate and topography of the County/District to reduce risk of fire and to minimize impacts of fire in Fire Hazard Severity Zone. 5003.11.3.8 – Floors. Climatic and Geological Creates requirements for floors in buildings where hazardous materials are used or stored. Necessary to increase fire and life safety and to minimize fire danger from hazardous materials. Necessary because risk of fire and spillage of hazardous materials is increased due to the 7.1.b Packet Pg. 438 HOA.103903238.11 297 Section Local Condition Explanation and Findings prevalence of earthquakes in the County/District. 5704.2.8.3 – Secondary containment. Geological Requires secondary containment of flammable and combustible liquids that are necessary to increase fire and life safety and to prevent fires involving flammable and combustible liquids from spreading. Necessary because risk of leaks or tank failure is increased due to the prevalence of earthquakes in the County/District. 5704.2.8.16.1 – System requirements. Climatic and Geological Requires foam deluge system. Necessary because of increased danger of fire in the County/District due to climatic conditions and because risk of leaks or tank failure is increased due to the prevalence of earthquakes in the County/District. 5704.2.9.1.1 – Required foam fire protection systems. Geological and Climatic Requires all existing aboveground tanks exceeding 1,500 square feet of liquid surface area used for the storage of Class I or Class II flammable liquids to be provided with foam fire protection. Necessary because of increased danger of fire in the County/District due to climatic conditions and because risk of leaks or tank failure is increased due to the prevalence of earthquakes in the County/District. 5704.2.9.6.1.3 – Location of tanks for boilover liquids. Geological and Climatic Provides for additional spacing between tanks to reduce fire danger and help prevent fire from spreading to adjacent tanks. Necessary because of increased danger of fire in the County/District due to climatic conditions and because risk of leaks or tank failure is increased due to the prevalence of earthquakes in the County/District. 5704.3.7.6 – Construction. Geological and Climatic Construction and fire access requirements for liquid storage rooms. Necessary because of increased danger of fire in the County/District due to climatic conditions and because risk of explosion or container failure is increased due to the prevalence of earthquakes in the County/District. 5706.5.1.1 – Location. Geological and Climatic Provides increased distances for bulk transfer and process transfer operations so that they are farther away from the public and other buildings. Necessary because of increased danger of fire in the County/District due to climatic conditions and because risk of leaks or tank failure is increased due to the prevalence of earthquakes in the County/District. 7.1.b Packet Pg. 439 HOA.103903238.11 298 Section Local Condition Explanation and Findings 5706.5.1.19 – Liquid transfer. Geological and Climatic Class I, II, or III liquids shall be transferred from a tank vehicle or tank car only into an approved atmospheric tank or approved portable tank. Necessary because of increased danger of fire in the County/District due to climatic conditions and because risk of leaks or tank failure is increased due to the prevalence of earthquakes in the County/District. 6104.4 – Multiple LP- gas container installations. Geological and Climatic Requirements for LP-gas storage tank distances. Necessary because of increased danger of fire in the County/District due to climatic conditions and because risk of leaks or tank failure is increased due to the prevalence of earthquakes in the County/District. CHAPTER 81 – AUTOMOBILE WRECKING YARDS 8104 – Fire apparatus access roads. 8106 – Housekeeping. 8108 – Tires. 8110.4 – Batteries. Climatic, Geological, and Topographical Creates requirements for fire access roads and storage requirements for tire storage in automobile wrecking yards to enable fire apparatus and fire fighters to gain access to fight fires and respond to emergencies. Necessary due to the increased risks of fire, earthquake damage, and unpredictable power fluctuations that are consequences of the unique climatic, topographical, and geological conditions of the County/District. These factors also complicate response times, water needs and availability, and access. CHAPTER 82 – INFRACTION S. Administrative Lists the violations deemed to be infractions rather than the standard misdemeanor required by the provisions of Chapter 1. CHAPTER 83 – CONSOLIDAT ED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY FIRE CODE Administrative Declaration of this code as the Fire Code for the Consolidated Fire Protection District of Los Angeles County (“District”). APPENDIX B, Section B105.1 – One- and two-family Topographical and Climatic Provides for increased minimum fire-flow in fire hazard severity zones to allow for more water to be available to fight fires. Necessary because of increased danger of fire in the County/District due 7.1.b Packet Pg. 440 HOA.103903238.11 299 Section Local Condition Explanation and Findings dwellings, Group R-3 and R-4 buildings and townhouses. to climatic and topographical conditions. APPENDIX B, Section B105.5 – Land subdivision projects. Topographical and Climatic Provides for increased fire-flow for subdivisions of certain undeveloped land due to the undetermined building size and type of construction to allow for sufficient water to be available to fight fires. Necessary because of increased danger of fire in the County/District due to climatic and topographical conditions. APPENDIX C, Section C102.2 – Location on street. Topographical and Climatic Provides for hydrant spacing on streets to ensure hydrants are accessible to fire fighters. Necessary because of increased danger of fire in the County/District due to climatic and topographical conditions. APPENDIX C, Section C105.2 – One- and two-family dwellings, and Group R-3 buildings. Topographical and Climatic Provides for hydrant spacing to ensure that water is available to fight fires. Necessary because of increased danger of fire in the County/District due to climatic and topographical conditions. APPENDIX C, Section C105.3 - Buildings other than one- and two-family dwellings, and Group R-3 buildings. Topographical and Climatic Provides for hydrant spacing for buildings other than one- and two-family dwellings, and Group R- 3 buildings to ensure that there is adequate water supply available to fight fires. Necessary because of increased danger of fire in the County/District due to climatic and topographical conditions. APPENDIX C, Section C105.4 – Cul-de-sac hydrant location. Topographical and Climatic Provides for hydrant spacing for cul-de-sacs to ensure that there is adequate water supply available to fight fires. Necessary because of increased danger of fire in the County/District due to climatic and topographical conditions. APPENDIX C, Section C106 - On-site hydrants. Topographical and Climatic Provides requirements for on-site hydrants to ensure that there is adequate water supply available to fight fires. Necessary because of increased danger of fire in the County/District due to climatic and topographical conditions. APPENDIX O, Topographical, Provides various design and location 7.1.b Packet Pg. 441 HOA.103903238.11 300 Section Local Condition Explanation and Findings Section O103 – General requirements. Geographic, and Climatic requirements for temporary haunted houses, ghost walks, and similar amusement uses where the means of egress are not apparent due to decorative materials, confusing sounds, and/or visual effects. Necessary because of increased danger of fire in the County/District due to climatic and topographical conditions and the prevalence of earthquakes in the County/District. APPENDIX PP – LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES Administrative Portion of ordinance serving to fulfill the Statutory requirements of the County/District per California Government Code Sections 51175 through 51189. Recognizes the authorities of the State to impose Fire Hazard Severity Zone designations and of individual cities to expand upon them within the parameters defined by State statute. Also serves to define the “Malibu–Santa Monica Mountains Area” and the “San Gabriel Mountains Southface Area” for the sprinkler provisions therein, as described in Chapter 9. APPENDIX QQ – LOS ANGELES COUNTY FIRE-CODE FEE SCHEDULE Administrative Provides the code user with the Fire Department fee schedule, specifically for the services provided by the Fire Department in accordance with the Fire Code. APPENDIX RR – RIFLE RANGE Topographical and Climatic Provides the basic fire- and life-safety requirements for the operation of rifle ranges. Necessary because of increased danger of fire in the County/District due to climatic and topographical conditions. SECTION 446. This ordinance shall become effective 30 days after it is adopted. [TITLE32FIRECODE2022AVCC] 7.1.b Packet Pg. 442 7.1.bPacket Pg. 443 Agenda #: 7.2 Meeting Date: August 1, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AMENDMENT TO TITLE 5 (BUSINESS LICENSING) OF THE DIAMOND BAR CITY CODE RELATED TO PEDDLING AND STREET VENDING TO FURTHER IMPLEMENT SB 946 (2018), SB 972 (2022), AND SAFEGUARD COMPLIANCE WITH THE AMERICANS WITH DISABILITY ACT. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Hear the staff presentation, receive public testimony and discuss; B. Determine that the proposed code amendment is not subject to CEQA pursuant to Sections 15061(b)(3) and 15305 of the CEQA Guidelines; and C. Approve for first reading by title only, waive full reading of Ordinance No. 03 (2023) and schedule the second reading and adoption at the next regularly scheduled City Council meeting. FINANCIAL IMPACT: No financial impact. BACKGROUND: SB 946 (Lara), known as the “Safe Sidewalk Vending Act”, became effective on January 1, 2019, placing new limitations on the regulation of street vendors by local agencies. In essence, SB 946 prohibits a city from regulating street vendors unless a licensing system is in place that is in substantial compliance with the legislation. In response to SB 946, the City Council adopted Ordinance No. 01(2019) on January 15, 2019. The ordinance established criteria, including business licensing requirements, and restrictions on the time, place and manner in which sidewalk vending activities may 7.2 Packet Pg. 444 occur in the City. The ordinance, however, did not anticipate the degree to which sidewalk vending activities would become a public nuisance, occupying excessive sidewalk space and setting up oversized, visually cluttered displays. Photographs of typical sidewalk vending activity in Diamond Bar are provided in Attachment 3. On January 1, 2023, SB 972 (Gonzalez) became effective. SB 972 establishes health permitting requirements specifically suited to sidewalk food and beverage vending activities. The law makes it easier for street vendors to obtain public health permits by approving a new type of retail food facility called a Compact Mobile Food Operation (CMFO). To address the visually cluttered and sprawling manner in which sidewalk vendors have conducted business in Diamond Bar, the proposed ordinance (Attachment 1) updates Ordinance 01(2019) by establishing defined limits to the size and placement of sidewalk vending display areas to minimize their negative aesthetic impact on the community, and ensuring that they are not granted outdoor signage and merchandise display privileges that are not available to the City’s brick-and-mortar businesses. The proposed updated ordinance also brings the Diamond Bar City Code (DBCC) into compliance with SB 972. ANALYSIS: The primary objective of the proposed ordinance is to set clearly-defined limits to the amount of surface area and airspace that a sidewalk vendor may occupy, and to ensure that stationary vendors locate their displays in areas that do not interfere with the safety of pedestrians, cyclists or motorists, while also complying with the new regulations set forth pursuant to SB 972 for food and beverage vendors. The proposed ordinance amends DBCC Section 5.08.090 related to peddling and solicitation, and adds a new Section 5.08.095 related to street vending. A redline/strikeout version is included in Attachment 2. The key provisions of the proposed ordinance are summarized below. 1. The term “sidewalk vending receptacle” is introduced, which is defined as “a pushcart, stand, display, wagon, showcase, pedal-driven cart, rack, or other nonmotorized conveyance used for sidewalk vending activities.” 2. Sidewalk vending receptacles shall not exceed a total height of four (4) feet, and a total combined width and length of sixteen (16) square feet. An umbrella may be attached to the receptacle, but may be no higher than eight (8) feet above ground level. 3. No more than one sidewalk vending receptacle is permitted per licensed location. 4. A sidewalk vendor shall not be located within 50 feet of another sidewalk vendor. 5. Signage may only be affixed to the sidewalk vending receptacle. An umbrella is not part of the receptacle, and thus no signage may be attached to it. 7.2 Packet Pg. 445 6. Vending from medians is prohibited. 7. Amplified sound is prohibited. 8. All food and merchandise shall be stored either inside or affixed to the sidewalk vending receptacle. No additional table, crate, carton, rack, shade apparatus or any other device may be used to increase the vendor’s display capacity. 9. Sidewalk vendors shall maintain the following minimum distances from specified objects and facilities: 25’ Fire hydrant Curb that has been designated as yellow or red zone, or a bus zone Driveway, alley, or street corner Trash or recycling receptacles, bike racks, benches, bus stops or similar public use items Public art object, item or display 50’ The roadway of any freeway on-ramp or off-ramp Another sidewalk vendor 100’ Place of worship Child daycare facility 200’ Any public safety facility, including without limitation, sheriff’s stations, and fire stations ENVIRONMENTAL REVIEW: The proposed amendments to the City’s sidewalk vending regulations do not constitute a “project” under the California Environmental Quality Act (“CEQA”) in that they do will not cause a direct or reasonably foreseeable indirect physical change in the environment, and are thus exempt from CEQA. Moreover, minor alterations in land use regulations are categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305, and the purpose of the proposed ordinance is simply to clarify business license application requirements and establish new operational requirements and penalties for sidewalk vendors consistent with state legislation. 7.2 Packet Pg. 446 LEGAL REVIEW: The City Attorney has reviewed and approved the Ordinance as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 7.2.a Ordinance No. 03 (2023) 2. 7.2.b Redline/strikeout of proposed sidewalk vending regs 3. 7.2.c Photographs of sidewalk vendors in Diamond Bar 4. 7.2.d Senate Bill 946 5. 7.2.e Senate Bill 972 7.2 Packet Pg. 447 ORDINANCE NO. 03 (2023) AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING THE PROVISIONS OF THE DIAMOND BAR CITY CODE RELATED TO PEDDLING AND STREET VENDING TO FURTHER IMPLEMENT SB 946 (2018), SB 972 (2022), AND SAFEGUARD COMPLIANCE WITH THE AMERICANS WITH DISABILITY ACT WHEREAS, in 2018 the State Legislature adopted Senate Bill 946, Government Code sections 51036 et seq. (SB 946), establishing permissible regulations that may be imposed by cities upon sidewalk vendors; and WHEREAS, the City adopted Ordinance No. 01 (2019) establishing regulations applicable to sidewalk vendors in compliance with SB 946; and WHEREAS, in 2022 the State Legislature adopted Senate Bill 972 amending the California Retail Food Code and adding Chapter 11.7 to Part 7 of Division 104 of the Health and Safety Code, Sections 114368 et seq. (SB 972). SB 972 establishes regulations for compact mobile food operations relating to food preparation and sales by sidewalk vendors and other mobile food vendors, which streamlines the permitting processes for sidewalk vendors to obtain health permits and imposes additional limitations over the regulation of sidewalk vendors by the City and the County Health Department; and WHEREAS, the City Council further declares that the regulations enacted by this ordinance, including, but not limited to those governing minimum sidewalk widths, sidewalk vending receptacle sizes, distance requirements, and food and merchandise storage, are intended and necessary to safeguard health, safety, and welfare concerns, including compliance with the federal Americans with Disabilities Act of 1990 (41 U.S.C. § 12131, et seq.) and other disability access standards; and WHEREAS, in adopting this ordinance the City Council finds that it is in substantial compliance with SB 946 and SB 972 and its provisions are directly related to objective health, safety and welfare concerns. NOW THEREFORE, the City Council of the City of Diamond Bar does ordain as follows; Section 1. Section 5.08.090 of the Diamond Bar City Code, entitled “Peddling— Solicitation” is hereby amended in its entirety to read as follows: Sec. 5.08.090. Peddling—Solicitation. (a) Definitions: (1) Commercial shall mean and include the sale of goods, wares or merchandise for profit, whether or not a profit is made, and not for any charitable purpose. 7.2.a Packet Pg. 448 Ordinance No. 03 (2023) 2 (2) Hawking shall mean advertising, promoting or soliciting customers for the sale of any goods, wares or merchandise, whether or not a sale takes place. (3) Peddle and peddling shall mean hawking or selling any goods, wares or merchandise, including liquids or edibles for human consumption, by traveling or going by any means of locomotion whatsoever from house to house or business to business. (4) Solicitation shall mean the request, directly or indirectly, of money, credit, property, financial assistance or other things of value for the commercial or retail sale of goods, wares or merchandise by taking an order for delivery and promising later delivery of such goods, wares or merchandise. Individuals engaged in commercial solicitation for future delivery solely as an incident to engaging in a business otherwise licensed under this chapter and for which the employer has a current, valid license shall not be deemed to be engaged in the business of commercial solicitation. (b) License fee waivers. Veterans, as defined by Business and Professions Code §§ 16001 and 16001.5, shall not be required to pay a license fee to hawk, peddle or sell goods, wares or merchandise owned by them, except alcoholic beverages. (c) Identification requirements. All licensed peddlers and solicitors licensed pursuant to this chapter shall carry an original business license, along with picture identification, at all times when peddling. (d) Operating requirements. (1) No person shall engage in peddling or solicitation in any area of the city which is zoned for residential uses under this Code between the hours of 8:00 p.m. and 9:00 a.m. (2) No person shall affix any object to another person, onto private property, or public property without first receiving express permission from such person or the owner of the property. (3) No peddler shall continue to engage in peddling or solicitation directed at another person, if such person informs the peddler of his or her desire not to be subject to peddling or solicitation. Section 2. Section 5.08.095 is hereby added to Chapter 5.08 of Title 5 of the Diamond Bar City Code to read as follows: 7.2.a Packet Pg. 449 Ordinance No. 03 (2023) 3 Sec. 5.08.095. Street Vending. (a) Definitions: (1) Certified farmers’ market means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. (2) Food means any type of edible substance or beverage intended primarily for consumption by human beings. (3) Merchandise means small and easily carried or worn items that are not food, including, but not limited to, souvenirs, toys, articles of clothing, flowers, etc. (4) Public right-of-way means the area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads within the city that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets. (5) Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction. (6) School means any public or private educational institution which is run by the state or a subdivision thereof or which is licensed by the state to offer pre-school, elementary or secondary academic instruction, including kindergartens, elementary schools, middle or junior high schools, and high schools. (7) Sidewalk means that portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to the street, including a public pathway provided for the primary use of pedestrians. (8) Sidewalk vending receptacle means a pushcart, stand, display, wagon, showcase, pedal-driven cart, rack, or other nonmotorized conveyance used for sidewalk vending activities. (9) Sidewalk vendor means a person who sells food or merchandise from a sidewalk vending receptacle, or from one’s person, upon a sidewalk or other pedestrian path. This definition includes “roaming sidewalk vendor” and “stationary sidewalk vendor.” (10) Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location. 7.2.a Packet Pg. 450 Ordinance No. 03 (2023) 4 (11) Swap meet means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. (12) Vend, vends, or vending means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation. (b) Vending of Food. No person shall sell food without first obtaining a health permit as it may be required by Division 1 of Title 8 and Division 1 of Title 11 of the Los Angeles County Code, as it may be amended from time to time, or subsequent applicable County regulations; and in compliance with Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code. (c) Operating Requirements. The following operating requirements apply to all sidewalk vendors conducting business in Diamond Bar, irrespective of the date that any such person obtained a business license or began operating. (1) A sidewalk vendor shall only operate on sidewalks and no other portion of the public right-of-way. (2) The City business license, Los Angeles County Department of Public Health permit (if applicable), and California seller’s permit shall be displayed conspicuously at all times on the sidewalk vending receptacle or the sidewalk vendor. (3) All signage and advertising related to the sidewalk vendor shall be stored either inside or affixed to the sidewalk vending receptacle. Signage and advertising shall not be stored, placed, or kept on the public right-of-way or any public property. If affixed to the sidewalk vending receptacle, the overall space taken up by the sidewalk vending receptacle shall not exceed the size requirements in this section. (4) Sidewalk vendors shall allow a law enforcement officer, code enforcement officer, firefighter, health inspector, or other government official charged with enforcing laws related to sidewalk vendor activities, at any time, to inspect their sidewalk vending receptacles. (5) No person shall engage in vending in any area of the City which is zoned for residential uses under this Code between the hours of 8 p.m. and 9:00 a.m. (6) No sidewalk vendor shall willfully make, continue, or cause to be made or continued, any loud, unnecessary, or unusual noise that disturbs 7.2.a Packet Pg. 451 Ordinance No. 03 (2023) 5 the peace or quiet of any neighborhood, or that causes discomfort or annoyance to any person of normal sensitivities. No amplified sound shall be used or permitted. (7) Sidewalk vendors shall not utilize tables or chairs. Outdoor dining areas are not permitted in the course of sidewalk vending. (8) No person shall affix any object to another person, or onto private property without first receiving express permission from such person or the owner of the property; and no object shall be affixed to any pole, sign, tree or any public property. (9) No person shall leave any sidewalk vending receptacle unattended. (10) No person shall engage in vending upon any private property without the express permission of the owner or the owner’s agent. (11) Sidewalk vendors shall operate in a clean and sanitary manner, maintain a clean and trash-free ten (10) foot radius around his or her sidewalk vending receptacle, be able to dispose of trash generated by their business, and at all times be in compliance with all applicable laws. (12) Sidewalk vendors shall not operate within a City park during times when the City park is hosting a City-sponsored event, including, but not limited to such events as the City Birthday Party, Concerts & Movies in the Park, 4th of July Blast, Winter Snow Fest, America Recycles Day, Halloween Party/Barktoberfest, Easter Event, etc., or any other event that has been granted a special event permit by the City, during the duration of the event. (13) All food and merchandise shall be stored either inside or affixed to the sidewalk vending receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on the public right-of-way or any public property. If affixed to the sidewalk vending receptacle, the overall space taken up by the sidewalk vending receptacle shall not exceed the size requirements provided in this section. Sidewalk vendors shall not set up, maintain, or permit the use of any additional table, crate, carton, rack, shade apparatus or any other device to increase the display capacity of their stand. (14) Except as otherwise permitted under federal, state or local law or regulation, sidewalk vending receptacles shall not exceed a total height of four (4) feet, and a total combined width and length of sixteen (16) square feet. Provided, however, that umbrellas may be used as an attachment to the sidewalk vending receptacle and are allowed to exceed the total height of four (4) feet, but no higher than eight (8) 7.2.a Packet Pg. 452 Ordinance No. 03 (2023) 6 feet. The umbrella must also provide a minimum of seven (7) feet of vertical clearance above the sidewalk finished grade. (15) Auxiliary receptacles containing handwashing and warewashing sinks in support of the sidewalk vending receptacle shall be prohibited unless otherwise required in accordance with part 7 of Division 104 of the California Health and Safety Code. (16) If a sidewalk vending receptacle requires more than one (1) person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five (5) feet of the sidewalk vending receptacle when conducting sidewalk vending activities. (17) Stationary sidewalk vending is prohibited in all residential areas. (18) A roaming sidewalk vendor shall move from place to place and stop only to complete a transaction. (19) For public safety reasons, sidewalk vendors shall not engage in vending at the following locations: a. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than four (4) feet or as necessary to comply with the Americans with Disabilities Act. Sidewalk vendors shall maintain a minimum four (4) foot clear accessible path for pedestrian ingress and egress free from obstructions, including the sidewalk vending receptacle and customer queuing area. b. Where placement impedes access to or the use of abutting property, including, but not limited to, residences and places of businesses. This requirement is intended to preserve emergency access for the Police, Fire Department, or medical personnel. c. Within twelve (12) inches of any curb face on all roads. d. Within fifteen (15) feet of any entrance or exit to a building, structure or facility. e. Within fifty (50) feet of another sidewalk vendor. f. Within one hundred (100) feet of a school, a place of worship, or a child daycare facility. g. Within fifty (50) feet of the roadway of any freeway on-ramp or off- ramp. h. Within five (5) feet of a marked crosswalk. 7.2.a Packet Pg. 453 Ordinance No. 03 (2023) 7 i. Within twenty-five (25) feet of a: i. Fire hydrant. ii. Curb that has been designated as yellow or red zone, or a bus zone. iii. Driveway, alley, or street corner. iv. Trash or recycling receptacles, bike racks, benches, bus stops or similar public use items. v. Public art object, item or display. j. Within two hundred (200) feet of any public safety facility, including without limitation, sheriff’s stations, and fire stations. (20) Businesses that operate on private property are not eligible to obtain a sidewalk vendor business license, and are prohibited from establishing franchises or similar arrangements with sidewalk vendors, or otherwise circumvent the intent of this section. (21) No more than one sidewalk vending receptacle is permitted per licensed location. (22) No sidewalk vendor shall operate in areas located within five hundred (500) feet of a permitted certified farmers’ market or a permitted swap meet, including nearby parking lots used to accommodate the event, during the limited operating hours of that certified farmers’ market or swap meet. (d) Additional Application Requirements for Sidewalk Vendors. In addition to the application requirements listed in Secti on 5.00.040(c), applications for a business license for sidewalk vendors shall include the following information: (1) The name, address, and telephone number of the person applying to become a sidewalk vendor. (2) The California driver’s license or identification number, individual taxpayer identification number, or municipal identification number (which shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order). (3) The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity 7.2.a Packet Pg. 454 Ordinance No. 03 (2023) 8 and/or be responsible for the person(s) working at the sidewalk vending receptacle. (4) The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle. (5) The number of sidewalk vending receptacles the licensee will operate within the City under the business license. (6) Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor. (7) The day(s) and hours of operation the stationary sidewalk vendor intends to operate at such location(s). (8) The location(s) in the City where the stationary sidewalk vendor intends to operate. (9) The dimensions of each sidewalk vending receptacle operating under the business license. (10) A photograph of each sidewalk vending receptacle operating under the business license. (11) Whether the sidewalk vendor will be selling food, merchandise, or both. (12) If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, and whether the vendor requires a heating element to prepare the food. (13) If the vendor is selling merchandise, a description of the merchandise to be sold. (14) If required by the Los Angeles County Department of Public Health, a copy of the health permit required for any sidewalk vendors selling food, in accordance with Part 7 of Division 104 of the California Health and Safety Code. (15) Proof of his or her possession of a valid California Department of Tax and Fee Administration seller’s permit, which shall be maintained during the term of the sidewalk vendor’s business license. (16) An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws. (17) A certification that, that to his or her knowledge and belief, the information contained within the application is true and correct. 7.2.a Packet Pg. 455 Ordinance No. 03 (2023) 9 (18) An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys’ fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding. (e) Violations and Penalties: Subject to sections 1.04.030 through 1.04.190 of this Code, a person found in violation of this section shall be subject to the following: (1) Operating without a valid business license: a. An administrative fine not exceeding $250.00 for a first violation. b. An administrative fine not exceeding $500.00 for a second violation within one year of the first violation. c. An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation. d. The administrative fines listed in this subsection may be reduced from $250.00 to $100.00, $500.00 to $200.00, and $1,000.00 to $500.00 upon submission of proof of a business license before such fines are due. (2) Operating as a sidewalk vendor in violation of this section, other than the failure to possess a valid business license: a. An administrative fine not exceeding $100.00 for a first violation. b. An administrative fine not exceeding $200.00 for a second violation within one year of the first violation. c. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation. 7.2.a Packet Pg. 456 Ordinance No. 03 (2023) 10 d. The Director, or designee, may rescind a sidewalk business license issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. e. A sidewalk vendor may contest an administrative fine or the rescission of a business license pursuant to the provisions set forth in sections 1.04.030 through 1.04.190 of this Code. f. A sidewalk vendor who has been issued an administrative fine under this chapter may request a determination of his or her ability to pay the administrative fine pursuant to the provisions of Government Code Section 51039(f). If the sidewalk vendor shows proof to the satisfaction of the hearing officer (if the request is made at the time of an administrative appeal hearing), or the Director or his or her designee (if the request is made at any other time), that he or she meets the criteria set forth in Government Code Section 68632, subsections (a) or (b), the fine amount shall be reduced to 20% of the original fine amount. (3) In addition to the penalties above, violations of Part 7 of Division 104 of the Health and Safety Code shall be subject to the following penalties: a. A notice of violation detailing the violation, including the applicable provision of Part 7 of Division 104 of the Health and Safety code. b. An administrative fine not exceeding $100.00 for a second violation within one year of the first violation. c. An administrative fine not exceeding $200.00 for a third violation within one year of the first violation. d. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation. (4) A violation of this section shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. (5) Violations of the regulations of this section not specifically applicable to sidewalk vending and sidewalk vendors, and Section 51039 of the Government Code shall be subject to criminal or civil enforcement pursuant to Chapters 1.04 of this Code, in addition to any other applicable penalties or remedies prescribed by law. 7.2.a Packet Pg. 457 Ordinance No. 03 (2023) 11 Section 3. If a specific provision of this Ordinance is or becomes illegal, invalid or unenforceable, that shall not affect the validity or enforceability of any other provisions or requirements. Section 4. The adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act in that it will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Section 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published once with in fifteen (15) days after this Ordinance is passed and adopted in a newspaper of general circulation, published and circulated in the City of Diamond Bar and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Diamond Bar on this ____ day of ______, 2023 CITY OF DIAMOND BAR ___________________________ Andrew Chou, Mayor ATTEST: I, Kristina Santana, 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 ________ day of ____________, 2023 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the ________ day of ____________, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ___________________________ Kristina Santana, City Clerk 7.2.a Packet Pg. 458 Sec. 5.08.090. Peddling—Solicitation. (a) Definitions: (1) Commercial shall mean and include the sale of goods, wares or merchandise for profit, whether or not a profit is made, and not for any charitable purpose. (2) Hawking shall mean advertising, promoting or soliciting customers for the sale of any goods, wares or merchandise, whether or not a sale takes place. (3) Peddle and peddling shall mean: (a) hawking or selling any goods, wares or merchandise, including liquids or edibles for human consumption, by traveling or going by any means of locomotion whatsoever from place to place, from house to house or business to business, or (b) hawking or selling any goods, wares or merchandise, including liquids or edibles for human consumption, from or on the street, on any public property or on any private property without the permission of the owner or other person in possession and control of the property. house to house or business to business. (4) Solicitation shall mean the request, directly or indirectly, of money, credit, property, financial assistance or other things of value for the commercial or retail sale of goods, wares or merchandise by taking an order for delivery and promising later delivery of such goods, wares or merchandise. Individuals engaged in commercial solicitation for future delivery solely as an incident to engaging in a business otherwise licensed under this chapter and for which the employer has a current, valid license shall not be deemed to be engaged in the business of commercial solicitation. (5) Sidewalk vendor shall mean a person who sells food or merchandise from a pushcart, stand, display, pedal-drive cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a city sidewalk or other city pedestrian path. (b) License fee waivers. Veterans, as defined by Business and Professions Code §§ 16001 and 16001.5, shall not be required to pay a license fee to hawk, peddle or sell goods, wares or merchandise owned by them, except alcoholic beverages. (c) Identification requirements. All licensed peddlers and solicitors licensed pursuant to this chapter shall carry an original business license, along with picture identification, at all times when peddling. (d) Operating requirements. (1) No person shall engage in peddling or solicitation in any area of the city which is zoned for residential uses under this Code between the hours of 8:00 p.m. and 9:00 a.m. 7.2.b Packet Pg. 459 (2) No person shall affix any object to another person, onto private property, or public property without first receiving express permission from such person or the owner of the property. (3) No peddler or sidewalk vendor shall continue to engage in peddling or solicitation directed at another person, if such person informs the peddler or sidewalk vendor of his or her desire not to be subject to peddling or solicitation. (4) No person shall obstruct any street, sidewalk or other place open to the public in a manner which interferes with the members of the public, including those with disabilities, ability to use such facilities in the manner for which they are intended. (5) No person shall engage in peddling or solicitation for commercial purposes upon any designated bike path or dirt trail. (6) No person shall engage in peddling or solicitation for commercial purposes upon any public property other than a sidewalk or paved/decomposed granite path or upon any private property without the express permission of the owner or the owner's agent. (7) Peddlers and sidewalk vendors shall operate in a clean and sanitary manner, be able to dispose of trash generated by their business and at all times be in compliance with all applicable laws and if selling food, specifically Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code. (8) Peddlers and sidewalk vendors shall not operate within a city park during times when the city park is hosting a city-sponsored event, or any other event that has been granted a special event permit by the city. (9) A sidewalk vendor who violates subdivision (d)(1), (7) or (8) of this subdivision shall be subject to administrative fines in the amounts set forth in Government Code section 51039. The fines set forth in Government Code section 51039 shall be in addition to and in not lieu of penalties that may be imposed against sidewalk vendors who violate other generally applicable laws in this Code, including this subdivision. (Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 01(2019) , §§ 2, 3, 1-15-19) Sec. 5.08.095. Street Vending. (a) Definitions: (1) Certified farmers’ market means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. (2) Food means any type of edible substance or beverage intended primarily for consumption by human beings. (3) Merchandise means small and easily carried or worn items that are not food, including, but not limited to, souvenirs, toys, articles of clothing, flowers, etc. (4) Public right-of-way means the area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads 7.2.b Packet Pg. 460 within the city that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets. (5) Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction. (6) School means any public or private educational institution which is run by the state or a subdivision thereof or which is licensed by the state to offer pre-school, elementary or secondary academic instruction, including kindergartens, elementary schools, middle or junior high schools, and high schools. (7) Sidewalk means that portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to the street, including a public pathway provided for the primary use of pedestrians. (8) Sidewalk vending receptacle means a pushcart, stand, display, wagon, showcase, pedal-driven cart, rack, or other nonmotorized conveyance used for sidewalk vending activities. (9) Sidewalk vendor means a person who sells food or merchandise from a sidewalk vending receptacle, or from one’s person, upon a sidewalk or other pedestrian path. This definition includes “roaming sidewalk vendor” and “stationary sidewalk vendor.” (10) Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location. (11) Swap meet means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. (12) Vend, vends, or vending means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation. (b) Vending of Food. No person shall sell food without first obtaining a health permit as it may be required by Division 1 of Title 8 and Division 1 of Title 11 of the Los Angeles County Code, as it may be amended from time to time, or subsequent applicable County regulations; and in compliance with Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code. (c) Operating Requirements. The following operating requirements apply to all sidewalk vendors conducting business in Diamond Bar, irrespective of the date that any such person obtained a business license or began operating. (1) A sidewalk vendor shall only operate on sidewalks and no other portion of the public right-of-way. 7.2.b Packet Pg. 461 (2) The City business license, Los Angeles County Department of Public Health permit (if applicable), and California seller’s permit shall be displayed conspicuously at all times on the sidewalk vending receptacle or the sidewalk vendor. (3) All signage and advertising related to the sidewalk vendor shall be stored either inside or affixed to the sidewalk vending receptacle. Signage and advertising shall not be stored, placed, or kept on the public right-of-way or any public property. If affixed to the sidewalk vending receptacle, the overall space taken up by the sidewalk vending receptacle shall not exceed the size requirements in this section. (4) Sidewalk vendors shall allow a law enforcement officer, code enforcement officer, firefighter, health inspector, or other government official charged with enforcing laws related to sidewalk vendor activities, at any time, to inspect their sidewalk vending receptacles. (5) No person shall engage in vending in any area of the City which is zoned for residential uses under this Code between the hours of 8 p.m. and 9:00 a.m. (6) No sidewalk vendor shall willfully make, continue, or cause to be made or continued, any loud, unnecessary, or unusual noise that disturbs the peace or quiet of any neighborhood, or that causes discomfort or annoyance to any person of normal sensitivities. No amplified sound shall be used or permitted. (7) Sidewalk vendors shall not utilize tables or chairs. Outdoor dining areas are not permitted in the course of sidewalk vending. (8) No person shall affix any object to another person, or onto private property without first receiving express permission from such person or the owner of the property; and no object shall be affixed to any pole, sign, tree or any public property. (9) No person shall leave any sidewalk vending receptacle unattended. (10) No person shall engage in vending upon any private property without the express permission of the owner or the owner’s agent. (11) Sidewalk vendors shall operate in a clean and sanitary manner, maintain a clean and trash-free ten (10) foot radius around his or her sidewalk vending receptacle, be able to dispose of trash generated by their business, and at all times be in compliance with all applicable laws. (12) Sidewalk vendors shall not operate within a City park during times when the City park is hosting a City-sponsored event, including, but not limited to such events as the City Birthday Party, Concerts & Movies in the Park, 4th of July Blast, Winter Snow Fest, America Recycles Day, Halloween Party/Barktoberfest, Easter Event, etc., or any other event that has been granted a special event permit by the City, during the duration of the event. 7.2.b Packet Pg. 462 (13) All food and merchandise shall be stored either inside or affixed to the sidewalk vending receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on the public right-of-way or any public property. If affixed to the sidewalk vending receptacle, the overall space taken up by the sidewalk vending receptacle shall not exceed the size requirements provided in this section. Sidewalk vendors shall not set up, maintain, or permit the use of any additional table, crate, carton, rack, shade apparatus or any other device to increase the display capacity of their stand. (14) Except as otherwise permitted under federal, state or local law or regulation, sidewalk vending receptacles shall not exceed a total height of four (4) feet, and a total combined width and length of sixtee n (16) square feet. Provided, however, that umbrellas may be used as an attachment to the sidewalk vending receptacle and are allowed to exceed the total height of four (4) feet, but no higher than eight (8) feet. The umbrella must also provide a minimum of seven (7) feet of vertical clearance above the sidewalk finished grade. (15) Auxiliary receptacles containing handwashing and warewashing sinks in support of the sidewalk vending receptacle shall be prohibited unless otherwise required in accordance with part 7 of Division 104 of the California Health and Safety Code. (16) If a sidewalk vending receptacle requires more than one (1) person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five (5) feet of the sidewalk vending receptacle when conducting sidewalk vending activities. (17) Stationary sidewalk vending is prohibited in all residential areas. (18) A roaming sidewalk vendor shall move from place to place and stop only to complete a transaction. (19) For public safety reasons, sidewalk vendors shall not engage in vending at the following locations: a. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than four (4) feet or as necessary to comply with the Americans with Disabilities Act. Sidewalk vendors shall maintain a minimum four (4) foot clear accessible path for pedestrian ingress and egress free from obstructions, including the sidewalk vending receptacle and customer queuing area. b. Where placement impedes access to or the use of abutting property, including, but not limited to, residences and places of businesses. This requirement is intended to preserve emergency access for the Police, Fire Department, or medical personnel. c. Within twelve (12) inches of any curb face on all roads. 7.2.b Packet Pg. 463 d. Within fifteen (15) feet of any entrance or exit to a building, structure or facility. e. Within fifty (50) feet of another sidewalk vendor. f. Within one hundred (100) feet of a school, a place of worship, or a child daycare facility. g. Within fifty (50) feet of the roadway of any freeway on-ramp or off-ramp. h. Within five (5) feet of a marked crosswalk. i. Within twenty-five (25) feet of a: i. Fire hydrant. ii. Curb that has been designated as yellow or red zone, or a bus zone. iii. Driveway, alley, or street corner. iv. Trash or recycling receptacles, bike racks, benches, bus stops or similar public use items. v. Public art object, item or display. j. Within two hundred (200) feet of any public safety facility, including without limitation, sheriff’s stations, and fire stations. (20) Businesses that operate on private property are not eligible to obtain a sidewalk vendor business license, and are prohibited from establishing franchises or similar arrangements with sidewalk vendors, or otherwise circumvent the intent of this section. (21) No more than one sidewalk vending receptacle is permitted per licensed location. (22) No sidewalk vendor shall operate in areas located within five hundred (500) feet of a permitted certified farmers’ market or a permitted swap meet, including nearby parking lots used to accommodate the event, during the limited operating hours of that certified farmers’ market or swap meet. (d) Additional Application Requirements for Sidewalk Vendors. In addition to the application requirements listed in Section 5.00.040(c), applications for a business license for sidewalk vendors shall include the following information: (1) The name, address, and telephone number of the person applying to become a sidewalk vendor. (2) The California driver’s license or identification number, individual taxpayer identification number, or municipal identification number (which shall not 7.2.b Packet Pg. 464 be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order). (3) The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle. (4) The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle. (5) The number of sidewalk vending receptacles the licensee will operate within the City under the business license. (6) Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor. (7) The day(s) and hours of operation the stationary sidewalk vendor intends to operate at such location(s). (8) The location(s) in the City where the stationary sidewalk vendor intends to operate. (9) The dimensions of each sidewalk vending receptacle operating under the business license. (10) A photograph of each sidewalk vending receptacle operating under the business license. (11) Whether the sidewalk vendor will be selling food, merchandise, or both. (12) If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, and whether the vendor requires a heating element to prepare the food. (13) If the vendor is selling merchandise, a description of the merchandise to be sold. (14) If required by the Los Angeles County Department of Public Health, a copy of the health permit required for any sidewalk vendors selling food, in accordance with Part 7 of Division 104 of the California Health and Safety Code. (15) Proof of his or her possession of a valid California Department of Tax and Fee Administration seller’s permit, which shall be maintained during the term of the sidewalk vendor’s business license. (16) An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws. 7.2.b Packet Pg. 465 (17) A certification that, that to his or her knowledge and belief, the information contained within the application is true and correct. (18) An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys’ fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding. (e) Violations and Penalties: Subject to sections 1.04.030 through 1.04.190 of this Code, a person found in violation of this section shall be subject to the following: (1) Operating without a valid business license: a. An administrative fine not exceeding $250.00 for a first violation. b. An administrative fine not exceeding $500.00 for a second violation within one year of the first violation. c. An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation. d. The administrative fines listed in this subsection may be reduced from $250.00 to $100.00, $500.00 to $200.00, and $1,000.00 to $500.00 upon submission of proof of a business license before such fines are due. (2). Operating as a sidewalk vendor in violation of this section, other than the failure to possess a valid business license: a. An administrative fine not exceeding $100.00 for a first violation. b. An administrative fine not exceeding $200.00 for a second violation within one year of the first violation. c. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation. d. The Director, or designee, may rescind a sidewalk business license issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. 7.2.b Packet Pg. 466 e. A sidewalk vendor may contest an administrative fine or the rescission of a business license pursuant to the provisions set forth in sections 1.04.030 through 1.04.190 of this Code. f. A sidewalk vendor who has been issued an administrative fine under this chapter may request a determination of his or her ability to pay the administrative fine pursuant to the provisions of Government Code Section 51039(f). If the sidewalk vendor shows proof to the satisfaction of the hearing officer (if the request is made at the time of an administrative appeal hearing), or the Director or his or her designee (if the request is made at any other time), that he or she meets the criteria set forth in Government Code Section 68632, subsections (a) or (b), the fine amount shall be reduced to 20% of the original fine amount. (3) In addition to the penalties above, violations of Part 7 of Division 104 of the Health and Safety Code shall be subject to the following penalties: a. A notice of violation detailing the violation, including the applicable provision of Part 7 of Division 104 of the Health and Safety code. b. An administrative fine not exceeding $100.00 for a second violation within one year of the first violation. c. An administrative fine not exceeding $200.00 for a third violation within one year of the first violation. d. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation. (4) A violation of this section shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. (5) Violations of the regulations of this section not specifically applicable to sidewalk vending and sidewalk vendors, and Section 51039 of the Government Code shall be subject to criminal or civil enforcement pursuant to Chapters 1.04 of this Code, in addition to any other applicable penalties or remedies prescribed by law. 7.2.b Packet Pg. 467 Examples of Sidewalk Vending Aesthetic Impacts 7.2.c Packet Pg. 468 Senate Bill No. 946 CHAPTER 459 An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, relating to sidewalk vendors. [Approved by Governor September 17, 2018. Filed with Secretary of State September 17, 2018.] legislative counsel’s digest SB 946, Lara. Sidewalk vendors. Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street. This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county. The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns. The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority. The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk 93 7.2.d Packet Pg. 469 vending, as specified, to petition for dismissal of the sentence, fine, or conviction. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The people of the State of California do enact as follows: SECTION 1. (a)  The Legislature finds and declares all of the following: (1)  Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities. (2)  Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise. (3)  Sidewalk vending contributes to a safe and dynamic public space. (4)  The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending. (5)  The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations. (6)  This act applies to any city, county, or city and county, including a charter city. The criminalization of small business entrepreneurs, and the challenges that those entrepreneurs face as a result of a criminal record, are matters of statewide concern. Further, unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California’s economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk. (b)  It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities. SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: Chapter 6.2. Sidewalk Vendors 51036. For purposes of this chapter, the following definitions apply: (a)  “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. (b)  “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. 93 — 2 —Ch. 459 7.2.d Packet Pg. 470 (c)  “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (d)  “Local authority” means a chartered or general law city, county, or city and county. 51037. (a)  A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039. (b)  Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food. (c)  Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter. 51038. (a)  A local authority may adopt a program to regulate sidewalk vendors in compliance with this section. (b)  A local authority’s sidewalk vending program shall comply with all of the following standards: (1)  A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns. (2)  (A)  A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. (B)  Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following: (i)  Directly related to objective health, safety, or welfare concerns. (ii)  Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities. (iii)  Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. (3)  A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise. (4)  (A)  A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns. (B)  Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors. (5)  A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, 93 Ch. 459— 3 — 7.2.d Packet Pg. 471 unless the restriction is directly related to objective health, safety, or welfare concerns. (c)  A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following: (1)  Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (2)  Requirements to maintain sanitary conditions. (3)  Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards. (4)  Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license accepts a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order. (5)  Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit. (6)  Requiring additional licenses from other state or local agencies to the extent required by law. (7)  Requiring compliance with other generally applicable laws. (8)  Requiring a sidewalk vendor to submit information on his or her operations, including, but not limited to, any of the following: (A)  The name and current mailing address of the sidewalk vendor. (B)  A description of the merchandise offered for sale or exchange. (C)  A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true. (D)  The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor. (E)  If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (d)  Notwithstanding subdivision (b), a local authority may do both of the following: (1)  Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the 93 — 4 —Ch. 459 7.2.d Packet Pg. 472 Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. (2)  Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (e)  For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern. 51039. (a)  (1)  A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following: (A)  An administrative fine not exceeding one hundred dollars ($100) for a first violation. (B)  An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. (C)  An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. (2)  A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. (3)  (A)  If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1): (i)  An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. (ii)  An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. (iii)  An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. (B)  Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively. (b)  The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority. 93 Ch. 459— 5 — 7.2.d Packet Pg. 473 (c)  Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed. (d)  (1)  A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. (2)  Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed. (e)  A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. (f)  (1)  When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (2)  If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). (3)  The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (g)  (1)  A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case. (2)  Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid. 93 — 6 —Ch. 459 7.2.d Packet Pg. 474 (3)  Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1). (4)  If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition. (5)  Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner. (6)  Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter. SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 51038 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: The Legislature finds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or her California driver’s license or identification number, individual taxpayer identification number, or municipal identification number, when that number is collected in lieu of a social security number for purposes of the issuance of a permit or business license, it is necessary that the sidewalk vendor’s number be confidential, except as provided in this act. O 93 Ch. 459— 7 — 7.2.d Packet Pg. 475 Senate Bill No. 972 CHAPTER 489 An act to amend Sections 113818, 113831, and 113868 of, and to add Chapter 11.7 (commencing with Section 114368) to Part 7 of Division 104 of, the Health and Safety Code, relating to retail food. [Approved by Governor September 23, 2022. Filed with Secretary of State September 23, 2022.] legislative counsel’s digest SB 972, Gonzalez. California Retail Food Code. (1)  Existing law, the California Retail Food Code (the code), establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce these provisions. Existing law, for purposes of the code, defines a “cottage food operation” as an enterprise that has no more than a specified amount in gross annual sales, is operated by a cottage food operator, and has no more than 1 full-time employee within the registered or permitted area of a private home where the food products are prepared and packaged. Existing law provides for the regulation of microenterprise home kitchen operations and limits those operations to not serving more than 30 individual meals per day and not more than 60 individual meals per week and to no more than $50,000 in verifiable gross annual sales, as adjusted for inflation. Existing law authorizes the local enforcement agency to decrease the limit on the number of individual meals prepared based on the food preparation capacity of the operation. This bill would authorize a cottage food operation or microenterprise home kitchen operation to serve as a commissary or mobile support unit for up to 2 compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile food operation and the storage and cleaning of the compact mobile food operation. The bill would authorize nonpotentially hazardous foods prepared in a cottage food operation to be served from a compact mobile food operation. The bill would define “compact mobile food operation” as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. The bill would require compact food operations to conduct only limited food preparation. (2)  The code defines “limited food preparation” as food preparation that is restricted to specified activities, including dispensing or portioning of 92 7.2.e Packet Pg. 476 nonpotentially hazardous food, slicing and chopping of food on a heated cooking surface during the cooking process, and holding, portioning, and dispensing foods that are prepared at a satellite food service or catering operation. This bill would include in the definition of “limited food preparation” dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing, slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility, hot and cold holding of food previously prepared at an approved permanent food facility, and reheating of food that has been previously prepared at an approved permanent food facility and held at the approved temperatures. (3)  The code defines “mobile food facility” and regulates what types of food may be provided at a mobile food facility. The code requires mobile food facilities to meet specified health and safety standards, including access to warewashing sinks, restrooms, and handwashing facilities and required quantities of potable water. This bill would require a compact mobile food operation to meet the applicable requirements of mobile food facilities, except as specified. The bill would exempt a compact mobile food operation that has 25 square feet or less of display area and sells only prepackaged, nonpotentially hazardous foods or whole uncooked produce from the code, except as specified. The bill would authorize a compact mobile food operation to display or sell food outdoors, if certain conditions are met, including, among other things, overhead protection provided above all food display areas. The bill would require a compact mobile food operation that engages in the preparation of raw meat, raw poultry, or raw fish to meet additional specified requirements. The bill would authorize the enforcement agency to preapprove a standard plan for a standardized or mass-produced facility intended to serve as a compact mobile food operation and would authorize a compact mobile food operation to use that standardized or mass-produced facility after a final inspection, but without submitting plans for the individual unit. The bill would authorize the enforcement agency to collect a fee for the final inspection. (4)  Existing law requires commissaries and other approved facilities servicing mobile support units, mobile food facilities, and vending machines to meet specified standards. This bill would authorize an enforcement agency to approve a facility with nonconforming structural conditions if those conditions do not pose a public health hazard. The bill would also require an enforcement agency to approve the storage of a compact mobile food facility in a permitted permanent food facility if, after initial inspection, the agency determines that the compact mobile food facility is protected from contamination. The bill would authorize the enforcement agency to charge a fee to administer these provisions. 92 — 2 — Ch. 489 7.2.e Packet Pg. 477 (5)  The code requires a food facility to have a valid permit to be open for business and authorizes the local enforcement agency to charge a fee for the permit or registration or related services. This bill would authorize the local enforcement agency to reduce the fee for the permit, registration, or related service for an applicant seeking approval of a compact mobile food operation or related operations. (6)  Under existing law, violation of the code is a misdemeanor, unless otherwise specified. This bill would make violations of the code by an operator or employee of a compact mobile food facility or a sidewalk vendor punishable only by an administrative fine. Additionally, by making changes to the definition of various crimes and by adding new crimes under the code, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 113818 of the Health and Safety Code is amended to read: 113818. (a)  “Limited food preparation” means food preparation that is restricted to one or more of the following: (1)  Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food. (2)  Dispensing and portioning of nonpotentially hazardous food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing. (3)  Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source. (4)  Holding, portioning, and dispensing of any foods that are prepared by a catering operation. (5)  Slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process. (6)  Cooking and seasoning to order. (7)  Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products. (8)  Hot and cold holding of food that has been prepared at an approved permanent food facility. 92 Ch. 489 — 3 — 7.2.e Packet Pg. 478 (9)  Reheating of food that has been previously prepared at an approved permanent food facility and held at temperatures required by this chapter. (b)  “Limited food preparation” does not include any of the following: (1)  Slicing and chopping potentially hazardous food, other than produce, unless it is on the heated cooking surface. (2)  Thawing. (3)  Cooling of cooked, potentially hazardous food. (4)  Grinding raw ingredients or potentially hazardous food. (5)  Washing of foods. (6)  Cooking of potentially hazardous foods for later use. (7)  Handling, manufacturing, freezing, processing, or packaging of milk, milk products, or products resembling milk products subject to licensing under Division 15 (commencing with Section 32501) of the Food and Agricultural Code. SEC. 2. Section 113831 of the Health and Safety Code is amended to read: 113831. (a)  “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer. (b)  “Single operating site mobile food facilities” means at least one, but not more than four, unenclosed mobile food facilities, and their auxiliary units, that operate adjacent to each other at a single location. (c)  “Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. SEC. 3. Section 113868 of the Health and Safety Code is amended to read: 113868. “Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to permit the unit to be moved for cleaning, and does not exceed 100 pounds (46 kg) in weight or is otherwise designed to be mobile. SEC. 4. Chapter 11.7 (commencing with Section 114368) is added to Part 7 of Division 104 of the Health and Safety Code, to read: Chapter 11.7. Compact Mobile Food Operation 114368. A compact mobile food operation, as defined in subdivision (c) of Section 113831, shall meet the applicable requirements of Chapter 10 (commencing with Section 114294), except as provided in this chapter. 114368.1. (a)  Any compact mobile food operation with 25 square feet or less of display area from which only prepackaged nonpotentially hazardous food and whole uncooked produce is sold is exempt from the requirements of this part, except that the facility shall comply with all of the following: 92 — 4 — Ch. 489 7.2.e Packet Pg. 479 (1)  Sections 113980, 114047, 114049, 114390, 114393, 114397, and 114399. (2)  Chapter 1 (commencing with Section 113700). (3)  Chapter 2 (commencing with Section 113728). (b)  (1)  A local enforcement agency may inspect a compact mobile food operation that is exempt, as specified in subdivision (a), during the facility’s hours of operation and other reasonable times on the basis of a consumer complaint or just cause. (2)  For the purposes of determining compliance with this chapter, a compact mobile food operation that is not exempt as specified in subdivision (a) is subject to permitting and routine inspections or inspections on the basis of a consumer complaint or just cause. (c)  The local enforcement agency may recover the costs of investigation and enforcement of this section, subject to any limitations in this part on fines issuable to compact mobile food operations. 114368.2. (a)  Compact mobile food operations shall conduct only limited food preparation, as defined in Section 113818. Notwithstanding any other provision of this part, a compact mobile food operation, as defined in subdivision (c) of Section 113831, may display or sell food outdoors, if all of the following conditions are satisfied: (1)  Overhead protection are provided above all food display areas. (2)  Food items from the outdoor display are stored consistent with this chapter at all times other than during business hours. (3)  Outdoor displays comply with Section 113980 and have been approved by the enforcement agency if the compact mobile food operation is required to obtain a permit. (b)  A compact mobile food operation shall not sell food other than nonpotentially hazardous prepackaged food or whole produce, or conduct any food preparation, unless it meets the applicable operational requirements of this chapter, including applicable requirements for integral equipment, handwashing, and restroom access. (c)  Equipment that is required to be integral to a compact mobile food operation shall either be permanently attached to the primary unit or securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function. (d)  A compact mobile food operation operating from an individual shall not conduct any food preparation or sell foods other than nonpotentially hazardous prepackaged food or whole produce. 114368.3 (a)  (1)  A permitted cottage food operation or microenterprise home kitchen operation may serve as a commissary or mobile support unit for up to two compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile 92 Ch. 489 — 5 — 7.2.e Packet Pg. 480 food operation and the storage and cleaning of the compact mobile food operation. (2)  Transactions at a compact mobile food operation operated by a cottage food operator shall constitute “direct sales” for the purposes of paragraph (4) of subdivision (b) of Section 113758. (3)  Transactions at up to two compact mobile food operations operated by a cottage food operator shall not count toward the annual gross sales restrictions in Section 113758 applicable to cottage food operations if the governing body has authorized this action. (4)  Nonpotentially hazardous foods prepared in a cottage food operation may be served from a compact mobile food operation. (5)  Food prepared in a microenterprise home kitchen operation may be served from a compact mobile food operation operated by the microenterprise home kitchen operation permitholder. (6)  The meal and gross annual sales limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 do not apply to the sale of nonpotentially hazardous food or produce for up to two compact mobile food operations operated by the microenterprise home kitchen operation if the governing body has authorized this action. (7)  With the authorization of the governing body and if the enforcement agency determines that the operation does not pose a public health hazard, a permitted microenterprise home kitchen operation may serve as a commissary for up to two compact mobile food operations. The meal and gross annual sales limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 apply unless the governing body sets a higher meal and income limitation. (8)  The governing body of a local jurisdiction that permits microenterprise home kitchen operations pursuant to Section 114367, may set the meal and income limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 at a higher level than provided in those paragraphs for microenterprise home kitchen operations that operate in conjunction with a compact mobile food operation. Notwithstanding this subdivision, the levels in effect, by statute or ordinance, as of January 1, 2023, shall remain in effect until changed by the local jurisdiction. (b)  (1)  Existing permanent food facilities may be permitted to support the operations and storage of compact mobile food operations pursuant to the requirements of this section. (2)  Notwithstanding any other provision of this part, upon an evaluation verifying that a permanent food facility satisfies subdivisions (a) to (f), inclusive, of Section 114326, an enforcement agency shall approve the use of a permitted permanent food facility to satisfy the requirements of Section 114295 for a compact mobile food operation. (3)  Notwithstanding any other provision of this part, upon an evaluation verifying that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination, an enforcement agency shall approve the storage of a compact mobile food operation in a permitted permanent food facility. 92 — 6 — Ch. 489 7.2.e Packet Pg. 481 (4)  Except when a determination is made by the enforcement agency that any nonconforming structural conditions pose a public health hazard, the enforcement agency may approve a facility to support operations of a compact mobile food operation. (5)  Plan submission shall not be required for an existing permanent food facility to support the operations of a compact mobile food operation when a determination is made by the local enforcement agency that the current operation and structural facilities of the permanent food facility can successfully provide the necessary functions of a commissary for a compact mobile food operation. (6)  An approved permanent food facility that will be used for cooling of food for a compact mobile food operation shall be approved by the enforcement agency for cooling. (c)  (1)  Unless prohibited by local ordinance, an enforcement agency may allow the use of a private home for the storage of a compact mobile food operation if it determines, after an evaluation, that storage in the private home would not pose a public health hazard and that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination. (2)  No more than two compact mobile food operations may be stored in a private home unless the enforcement agency finds that storage of more than two compact mobile food operations in a private home would not pose a public health hazard. (3)  The storage area within the home shall be designated and clearly identified upon approval and shall not be relocated without the review and approval of the local enforcement agency. (4)  Prepackaged nonpotentially hazardous food, whole fruits, and whole vegetables may be stored in the home prior to sale or preparation of that food in a compact mobile food operation. (5)  Food prepared in a private home shall not be used or offered for sale on a compact mobile food operation, unless it is a permitted cottage food operation or microenterprise home kitchen operation pursuant to subdivision (a). Violation of this paragraph may result in suspension or revocation of the permit to operate the compact mobile food operation. (6)  For purposes of determining compliance with this subdivision, a local enforcement agency may access, for inspection purposes, a private home where a compact mobile food operation is stored only if the representative has, on the basis of a consumer complaint, reason to suspect that the home is being used for food preparation, food storage, or unauthorized storage of utensils or other food facility equipment in violation of this subdivision. (d)  At the end of the operating day, potentially hazardous food that is prepared on or served from a compact mobile food operation shall be destroyed in a manner approved by the enforcement agency. (e)  For the purposes of this chapter, an endorsement by the local enforcement agency shall be a documented and recorded approval of compliance with applicable sections. An endorsement may include an inspection or evaluation, but shall not require a registration or permit. 92 Ch. 489 — 7 — 7.2.e Packet Pg. 482 (f)  The enforcement agency may collect a fee for any permit, endorsement, inspection, or evaluation issued or conducted pursuant to this chapter in an amount that does not exceed the reasonable administrative costs of the enforcement agency. 114368.4. (a)  Except as provided in subdivision (b), a compact mobile food operation that is approved for limited food preparation that prepares raw meat, raw poultry, or raw fish is subject to warewashing and handwashing facility requirements as outlined in Chapter 10 (commencing with Section 114294). (b)  (1)  A compact mobile food operation may satisfy the requirements of Sections 114313 and 114314 by demonstrating access to a permitted auxiliary conveyance containing the necessary handwashing and warewashing sinks when operating at a site-specific location. The auxiliary conveyance may be operated by the same or a different permitholder. An enforcement agency may permit an auxiliary conveyance to serve multiple compact mobile food operations operating in close proximity to the auxiliary conveyance, as determined by the enforcement agency. (2)  If an auxiliary conveyance is not operated by the permitholder of the compact mobile food operation, the operator of the auxiliary conveyance shall obtain a permit from the enforcement agency to operate the auxiliary conveyance and service compact mobile food operations. (3)  The permit application for an auxiliary conveyance not operated by a compact mobile food operation shall include a site plan and shall be submitted to the enforcement agency at least two weeks prior to the operation of any food facility in conjunction with the auxiliary conveyance. (4)  The site plan for an auxiliary conveyance not operated by a compact mobile food operator shall show the proposed location and storage of the auxiliary conveyance, the proposed locations of any food facilities that will utilize the auxiliary conveyance, restrooms, refuse containers, potable water supply faucets, waste water disposal facilities, and all shared warewashing and handwashing facilities. (c)  A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall do one of the following: (1)  Provide a three-compartment sink as described in subdivision (a) of Section 114313. (2)  Provide at least one two-compartment sink that complies with subdivision (e) of Section 114099.3. (3)  Provide a one-compartment sink with at least one integral metal drainboard, an adequate supply of spare preparation and serving utensils to replace those that become soiled or contaminated, and warewashing facilities that comply with subdivision (a) of Section 114313 in reasonable proximity to, and readily accessible for use by, food employees at all times. (4)  Maintain an adequate supply of spare preparation and serving utensils on the compact mobile food operation to ensure that utensils used for potentially hazardous foods are replaced with clean and sanitized utensils every four hours or as needed to replace those that become soiled or 92 — 8 — Ch. 489 7.2.e Packet Pg. 483 contaminated. A compact mobile food operation that complies with this paragraph is not required to provide a warewashing sink. (d)  A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall provide an integral handwashing sink with at least five gallons of potable water to operate with a potable water tank with a capacity of at least five gallons for handwashing. (e)  An enforcement agency may permit a compact mobile food operation to operate with an integral water tank smaller than specified under subdivision (c) or (d) of Section 114217 if the enforcement agency finds that the compact mobile food operation is operating in an area and manner that would allow for replenishment of the water supply as needed during operations. (f)  A compact mobile food operation shall submit, to the enforcement agency, written operating procedures that include the process of filling potable water tanks if it will operate with a water tank with a capacity of less than five gallons specified in subdivisions (c) and (d) of Section 114217. (g)  A compact mobile food operation that does not prepare raw meat, raw poultry, or raw fish is exempt from any provision of this part requiring it be equipped with a water heater or otherwise be supplied with warm water. 114368.5. (a)  Upon receipt of complete, easily readable plans drawn to scale, and specifications satisfactory to the enforcement agency, an enforcement agency may preapprove a standard plan for a standardized or mass-produced individual unit intended to serve as a compact mobile food operation. (b)  A person proposing to operate a compact mobile food operation who has acquired an individual unit for which the construction of the compact mobile food operation has been built to approved plans shall not be required to submit plans for the individual unit, but instead shall be subject to a final inspection of the compact mobile food operation to ensure that the individual unit and proposed method of operation conform to the standard plans preapproved pursuant to subdivision (a). The permit application for a compact mobile food operation utilizing a preapproved individual unit shall include a certification that the applicant has not substantially altered the individual units from the plans preapproved pursuant to subdivision (a). The enforcement agency may collect a fee in the final inspection in an amount that does not exceed the reasonable administrative costs to the enforcement agency. (c)  The repair of equipment or integral fixtures on a compact mobile food operation or the replacement of equipment and fixtures on a compact mobile food operation with substantially similar equipment or fixtures is not a remodel, and the repair or replacement of equipment or fixtures does not require the submission of plans to an enforcement agency. (d)  A local governing body may waive or reduce a fee for the permit, registration, or related services for an applicant seeking approval of a compact mobile food operation or related operations. 92 Ch. 489 — 9 — 7.2.e Packet Pg. 484 (e)  All new and replacement food-related and utensil-related equipment for a compact mobile food operation shall be certified or classified for sanitation by an American National Standards Institute accredited certification program, or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards. In the absence of an applicable certified sanitation standard, food-related and utensil-related equipment shall be evaluated for approval by the enforcement agency. (f)  All new and replacement electrical appliances for a compact mobile food operation shall meet applicable Underwriters Laboratories standards for electrical equipment as determined by an American National Standards Institute accredited certification program or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards. 114368.6. A compact mobile food operation is exempt from Section 113947.1 if the operator and any individual who is involved in the preparation, storage, or service of food for the compact mobile food operation has obtained a food handler card that meets the requirements of Section 113948. 114368.7. A compact mobile food operation is exempt from the requirements of Section 114315 if the compact mobile food operation operates with multiple employees or operators and the compact mobile food operation may remain operable by a single individual so that employees or operators may alternate use of a restroom. 114368.8. (a)  Notwithstanding subdivision (a) of Section 114395, a violation of this part by an operator or employee of a compact mobile food operation is punishable only by an administrative fine. (b)  A violation of any provision of this part or regulation adopted pursuant to this part by an operator or employee of a compact mobile food operation or a sidewalk vendor shall not be punishable as an infraction or misdemeanor, and an operator or employee of a compact mobile food operation or a sidewalk vendor alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law. (c)  Except as provided in paragraph (d), each offense by an operator or employee of a compact mobile food operation or a sidewalk vendor may only be punished by a fine consistent with the following: (1)  A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part. (2)  An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation. (3)  An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation. (4)  An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. 92 — 10 — Ch. 489 7.2.e Packet Pg. 485 (d)  If a compact mobile food operation is required to obtain a permit from the enforcement agency, operating without a permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in subdivision (c). An enforcement agency shall not issue any fines in excess of the amounts allowable pursuant to subdivision (c) prior to January 1, 2024. (e)  (1)  When assessing an administrative fine for a first-time offense, pursuant to this section, the hearing officer shall take into consideration the person’s ability to pay the fine. The enforcement agency shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (2)  If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section. (3)  The enforcement agency may waive the administrative fine or may offer an alternative disposition. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. O 92 Ch. 489 — 11 — 7.2.e Packet Pg. 486 1 Kristina Santana From:Sun Sun <sunwebmail@yahoo.com> Sent:Friday, July 28, 2023 10:28 AM To:Kristina Santana Subject:For Public Comment 8/1/23 CAUTION: This message originated outside of our City of Diamond Bar network. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Diamond Bar City Officials, I hope this letter finds you well. I am writing to address the impending changes to Diamond Bar's business licensing code in compliance with SB 946 and SB 972, which would enable the issuance of street vending permits. While I understand the need to adapt our regulations, I urge you to consider our community's well-being, environmental impact, and safety before distributing permits without careful vetting. I wholeheartedly welcome street vendors who abide by our laws and contribute to the cleanliness of our community. I commend those who work diligently to earn an honest living. However, it is crucial that we also safeguard the rights of our residents and businesses in Diamond Bar. Without stringent permit regulations, street vendors may gain an unfair advantage over our established stores and restaurants. With low overhead costs, they could undercut existing businesses, leading to economic hardships for our local enterprises. The potential closure of these businesses would further diminish city tax revenue, and our shopping centers might become gathering spots for the homeless. Moreover, street vendors predominantly dealing in cash transactions may not pay their fair share of taxes. Another concern is the obstruction of sidewalks caused by street vendors and their customers. This poses a serious safety risk, as pedestrians are forced to walk onto the street to bypass these obstacles. An incident I witnessed on Diamond Bar Blvd, north of Golden Springs, near the Mobile Gas station, involved pedestrians having to step into oncoming traffic or use the parking lot to circumvent street vendors. Our sidewalks are intended to ensure pedestrian safety by separating them from vehicular traffic. Allowing many vendors to occupy these spaces could lead to an increase in traffic accidents within our city. Diamond Bar has garnered praise for its cleanliness and beauty compared to cities that permit street vendors at every intersection. Unfortunately, street food vendors can attract 2 rodents and cockroaches if proper food disposal practices are not followed. Unlike established restaurants that maintain clean dining areas for their customers, street vendors lack the incentive to uphold such standards, often relocating to different spots each day. I want to emphasize that my intent in writing this letter is not solely to highlight the negative aspects of street vending. Instead, I implore our city leaders to establish rigorous standards for the permit process. Designating safe zones for street vendors would ensure that everyone can enjoy our public spaces while minimizing potential hazards. Additionally, conducting frequent inspections to verify permits and enforce cleanliness and safety regulations would be beneficial for our community's well-being. Thank you for taking the time to consider my concerns. I trust that with careful consideration and thoughtful decision-making, Diamond Bar will continue to thrive as a community that balances progress with the preservation of its unique identity. Sincerely, Jack