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HomeMy WebLinkAboutORD 02 (2023)ORDINANCE NO. 02 (2023) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 16 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 August 15, 2023 for the hearings set forth in subsections (iv) above and (vi) below. WHEREAS, the City held a public hearing on August 15, 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. a 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, Ordinance No. 02 (2023) 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. Ordinance No. 02 (2023) 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. .�Ocotion 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 Ordinance No. 02 (2023) 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 r04.010 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: Ordinance No. 02 (2023) Section Offense 303.1-303.9 sphalt kettles 304A a1 Waste material 304*102 IlVegetation 30402 lCombustible waste rubbish — storage 30502 IHot ashes andspontaneous ignition sources 310*4 IRemoval "No Smoking" sign 3150302 Istairway — storage under 50304 jobstructing access roadway 50501[Address identification 5070504-5070505 jObstruction of fire hydrants 5078586 Physical protection — fire hydrants 50765*7 Firefightin water source markers 5070508 Ildentification —private fire hydrant 507*549 11Private fire hydrant caps or plugs 603.E IlElectrical extension cords 9010664*1 ISIgnage — above round water -control valves 9016604*2 Locks — aboveground water -control valves 901.6.4.3 Painting identification — aboveground water - control valves Ordinance No. 02 (2023) Section 71 Offense 901.7 IFailure to notify Fire Department 906.1 906.10 Fire extinguishers 912.5 and 912.8 Ildentification — fire department connection 912.9 11 Breakable caps or plugs — fire department connection 1009.9 IlExit doors identification 1010.202 Door-operatingdevices 2003.2 "No Smoking" signs within aircraft hangars 2108.4 JIFire extinguisher — dry cleaning plant 2108.5 No smoking signs — dry clea - ning plant 23111202 Waste oil storage 24030207 lWelding warning signs 2403.4 loperations and maintenance 2403.4.3 IMetal waste cans for rags and waste 2404476845 ILilter disposal 24056304 IlDipmtank covers 2405.4.2 Portable fire protection equipment 2406.5 Imaintenance — powder coating 24070501 Imaintenance — electrostatic apparatus 24070562 Isigns — Danger" 2408.5 Sources of ignition (organic peroxides) 2505.1 lHousekeeping - fruit ripening room 28036301 IlLumber yards — housekeeping 28030323 Combustible waste 31030 12060 1 lExit sign illumination 3107.18 IVegetation removal 3603.2 110pen flame device boat or marina 3603.4 IRubbish containers — marina 3604.4 IPortable fire extinguishers — marinas 4811.9 Fire Department access — motion picture production locations 48711012 Blocked or obstructed fire hydrants and appliances 5003.5 1 Hazardous materials signage Ordinance No. 02 (2023) Section Offense mo 50034781 No smoking signs - hazardous materials 5004911 Combustible materials clearance - hazardous materials storage 5005.3.8 Combustible materials clearance - hazardous materials use 5303.4 Markin s - compressed gases 5303.5 Security - compressed gases 5701.6 Maintenance and operating practices flammable and combustible liquids 5704.2 11 " No smoking" sign 5704.3.3.4 IlEmpty containers 6107.2 "No smoking" signs - LPG container 6107.3 Combustible material clearance LPG container 8104 Auto wrecking yards - fire apparatus access 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 oI 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 15th day of August, 2023. 7 Ordinance No. 02 (2023) PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Diamond Bar on this 15th day of August, 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 15th day of August, 2023, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS Low, Teng, Tye, MPT/Liu None M/Chou None Kristina Santana, City Clerk Exhibit A to Ordinance No. 02 (2023) is available for viewing on page 108 of the City Council Agenda of August 15, 2023. The document is 302 pages and was thus not printed to this book of ordinances.