HomeMy WebLinkAbout050217 - Agenda - Regular Meeting
City Council Agenda
Tuesday, May 2, 2017
Closed Session – 5:00 p.m., Room CC-8
Study Session – 5:30 p.m., Room CC-8
Regular Meeting – 6:30 p.m.
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
JIMMY LIN
Mayor
RUTH M. LOW
Mayor Pro Tem
CAROL HERRERA
Council Member
NANCY A. LYONS
Council Member
STEVE TYE
Council Member
City Manager James DeStefano • City Attorney David DeBerry • City Clerk Tommye Cribbins
Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are
available for public inspection. 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.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar
requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at
a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting.
Have online access? City Council Agendas are now available on the City of Diamond Bar’s web site at
www.diamondbarca.gov
Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled
paper and encourages you to do the same.
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 live on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You
are invited to attend and participate.
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. Persons wishing to speak
should submit a speaker slip to the City Clerk. 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. Behavior that disrupts the orderly
conduct of the meeting may result in the speaker being removed from the Council chambers.
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 Channel 3, Spectrum Cable Channel 3,
Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. A full
agenda packet is available for review during the meeting, in the foyer just outside the Council
chambers. The City Council may take action on any item listed on the agenda.
ACCOMMODATIONS FOR THE DISABLED
A cordless microphone is available for those persons with mobility impairments who cannot
access the podium in order to make a public comment. Sign language interpretation is available
by providing the City Clerk three business days’ notice in advance of a meeting. Please
telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30
a.m. to 4:30 p.m. on Fridays.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-7010
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 BROADCAST LIVE FOR VIEWING ON
SPECTRUM CABLE CHANNEL 3 AND FRONTIER FiOS TELEVISION
CHANNEL 47, AS W ELL AS BY STREAMING VIDEO OVER THE INTERNET
AND BY REMAINING IN THE ROOM, 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 ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING
ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
May 02, 2017
CLOSED SESSION: 5:00 p.m., Room CC-8
PUBLIC COMMENT ON CLOSED SESSION AGENDA
GOVERNMENT CODE SECTION 54956.8 CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
Property: APN 8718-005 - Parcels 007 and 008 (vacant property).
Diamond Bar, CA 91765.
Agency Negotiator: James DeStefano, City Manager
David DeBerry, City Attorney
Negotiating Parties: City and YMCA
Under Negotiations: Price and Terms of Payment
GOVERNMENT CODE SECTION 54967 - PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
STUDY SESSION: 5:30 p.m., Room CC-8
CITY MANAGER'S DRAFT RECOMMENDED FY 2017-18 GENERAL FUND
BUDGET
PUBLIC COMMENTS:
CALL TO ORDER: 6:30 p.m.
MAY 2, 2017 PAGE 2
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Pastor Randy Lanthripe,
Church in the Valley
ROLL CALL: Herrera, Lyons, Tye, Mayor Pro Tem
Low, Mayor Lin.
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
Proclaiming May, 2017 as Water Awareness Month.
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 matters of interest to the public that are not
already scheduled for consideration on this agenda. Although the City Council
values your comments, pursuant to the Brown Act, the Council generally cannot
take any action on items not listed on the posted agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this form is voluntary).
There is a five-minute maximum time limit when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENTS:
Under the Brown Act, members of the City Council may briefly respond to public
comments but no extended discussion and no action on such matters may take
place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting - May 9, 2017 - 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.2 Traffic and Transportation Commission Meeting - May 11, 2017 - 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.3 City Council Meeting - May 16, 2017 - 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
MAY 2, 2017 PAGE 3
5.4 City Council Special Closed Session - May 17, 2017 - 3:00 p.m., Public
Employee Appointment (City Manager) Pursuant to Government Code
Section 54957, Diamond Bar City Hall, Grand Conference Room, 21810
Copley Drive.
6. CONSENT CALENDAR:
6.1 WAIVE READING IN FULL FOR ALL ORDINANCES AND
RESOLUTIONS AND ADOPT THE CONSENT CALENDAR.
6.2 REGULAR MEETING MINUTES OF APRIL 18, 2017.
6.2.a Regular Meeting of April 18, 2017.
Recommended Action: Approve.
Requested by: City Clerk
6.3 RATIFICATION OF CHECK REGISTER DATED APRIL 13, 2017
THROUGH APRIL 26, 2017 TOTALING $ 1,083,898.48.
Recommended Action: Ratify.
Requested by: Finance Department
6.4 APPROVAL OF TREASURER'S STATEMENT FOR MARCH, 2017.
Recommended Action: Approve.
Requested by: Finance Department
6.5 AWARD A THREE YEAR CONTRACT WITH SIEMENS INDUSTRY, INC.
FOR PROFESSIONAL TRAFFIC SIGNAL MAINTENANCE SERVICES IN
A NOT-TO-EXCEED ANNUAL AMOUNT OF $185,000.
Recommended Action: Award.
Requested by: Public Works Department
6.6 APPROVAL OF CONTRACT AMENDMENT NO. 2 WITH FEHR & PEERS
FOR ON-CALL TRAFFIC AND TRANSPORTATION ENGINEERING
SERVICES IN THE AMOUNT OF $15,000 FOR FISCAL YEAR 2016-
2017 AND $100,000 FOR FISCAL YEAR 2017-2018.
Recommended Action: Approve.
Requested by: Public Works Department
6.7 ADOPT RESOLUTION 2017-XX AMENDING 2016-17 FISCAL YEAR
BUDGET IN THE PARKS AND RECREATION DEPARTMENT.
Recommended Action: Adopt.
MAY 2, 2017 PAGE 4
Requested by: Parks & Recreation Department
6.8 APPROVAL OF EXONERATION OF SURETY BOND NO 0183110 TO
COMPLETE ROUGH GRADING IMPROVEMENTS AND SURETY
BOND NO. 929598537 TO COMPLETE PUBLIC STREET LIGHTS
IMPROVEMENTS FOR TRACT MAP 72295 (COMMONLY KNOWN AS
WILLOW HEIGHTS).
Recommended Action: Approve.
Requested by: Public Works Department
6.9 APPROVAL OF CONTRACT AMENDMENT NO. 2 W ITH ONWARD
ENGINEERING IN THE AMOUNT OF $15,250 FOR ADDITIONAL
CONSTRUCTION MANAGEMENT SERVICES FOR THE MORNING
CANYON ROADWAY REHABILITATION PROJECT FOR A TOTAL
CONSTRUCTION MANAGEMENT CONTRACT AMOUNT OF $56,490.
Recommended Action: Approve.
Requested by: Public Works Department
6.10 ADOPT ORDINANCE NO. 03(2017) OF THE CITY OF DIAMOND BAR
AMENDING DIAMOND BAR MUNICIPAL CODE SECTION 21.03.030 OF
TITLE 21 (SUBDIVISIONS) AND TITLE 22 (“DEVELOPMENT CODE”) IN
ORDER TO COMPLY WITH RECENTLY-ENACTED STATE
REGULATIONS PERTAINING TO ACCESSORY DWELLING UNITS
(ADUS): 22.08.030, 22.16.140, 22.42.060, 22.42.110, 22.42.120,
22.68.030 AND 22.80.020.
Recommended Action: Approve for Second Reading by Title only, Waive
full reading of Ordinance No. 03(2017) and adopt.
Requested by: Community Development Department
7. PUBLIC HEARINGS:
7.1 ADOPT RESOLUTION 2017-XX, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AND
ADOPTING A SCHEDULE OF RATES, FEES, AND CHARGES FOR
COMMUNITY DEVELOPMENT SERVICES AND ADMINISTRATIVE /
MISCELLANEOUS SERVICES FOR OF THE CITY OF DIAMOND BAR.
(CONTINUED FROM APRIL 18, 2017).
Recommended Action: Receive Staff’s presentation; Open the Public
Hearing; Receive Testimony; Close the Public Hearing, Discuss; and,
Adopt Resolution 2017-XX instituting a full-cost recovery model for
Community Development Services and Administrative/Miscellaneous
Fees, and apply an annual Consumer Price Index (CPI) increase (based
on Federal Urban Wage Earners & Clerical Workers - LA/OC from March-
MAY 2, 2017 PAGE 5
to-March guidelines, starting on July 1, 2018) to ensure rates remain
current with the City’s cost of providing services.
Requested by: City Manager
7.2 FIRST READING OF ORDINANCE NO. 0X(2017) AMENDING TITLE 15
OF THE DIAMOND BAR MUNICIPAL 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, 2016 EDITION.
Recommended Action: Receive Staff's Report; Open the Public Hearing;
Receive Public Testimony; Close the Public Hearing; Discuss; and,
Approve for First Reading, by Title only, Waive Full Reading and set
second reading for May 16, 2017.
Requested by: Community Development Department
8. COUNCIL CONSIDERATION: NONE.
9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda #: 1
Meeting Date: May 2, 2017
CITY COUNCIL STUDY S ESSION REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Manager
FROM: Dianna Honeywell, Finance Director
TITLE: CITY MANAGER'S DRAFT RECOMMENDED FY 2017-18 GENERAL FUND
BUDGET
Study Session
City of Diamond Bar
City Manager’s Draft Recommended FY 2017-2018 General Fund Budget
City Council Study Session
May 2, 2017
Introduction
Fiscal Year 2016-17 has seen the national, state and local economy continue to
improve. The City of Diamond Bar has benefitted from this regional economic growth.
There has been an expanded effort in economic development endeavors on the part of
City Council and City staff in order to diversify the sales tax base of the City and offer
more options for residents to shop and dine in the City of Diamond Bar. Staff’s focus
this year has been on streamlining operations in order to bring more efficient and cost
effective services to the residents of the City. The maintenance operations of City
buildings, parks and streets were consolidated under the Public Works Department.
The Parks and Recreation Department was reorganized in order to maximize the quality
of programs offered to residents. A citywide fee study was completed in order to
identify the costs to provide City programs and services and identify the level of subsidy
by the General fund. The FY 17-18 budget as proposed provides for continued
operational levels in all departments and growth in General Fund operating reserves in
the amount of $658,396.
Highlights of FY 2016-17
Kickoff of the General Plan Update
A comprehensive update to the General Plan commenced in FY 16 -17. New
opportunities and challenges have emerged in the years since the current General Plan
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was adopted in 1995. The General Plan Update project is a unique and important
opportunity for community members to participate and share their ideas in a
collaborative setting about the City’s future. A General Plan Advisory Committee
(GPAC) was assembled and several community workshops have been held during the
current fiscal year. The General Plan Update will continue throughout FY 17 -18 with
additional community workshops, a draft environmental impact report and the review of
a draft General Plan. The project is scheduled to wrap up in FY 18 -19 with public
hearings and City Council adoption of a new General Plan expected in early 2019.
Citywide Reorganization
At the end of last fiscal year City Staff began examining the delivery of certain programs
and services to its residents. FY 16-17 saw the consolidation of the maintenance
services function under the Public Works Department umbrella. This departmental
reorganization has produced efficiencies in the planning and execution of both
maintenance and capital improvement projects. As a result, more projects are being
completed on time and under budget.
There has also been a very comprehensive look as to how the City delivers Recreation
services to residents. Under the new direction of the Assistant City Manager, the Parks
& Recreation Department was reorganized. Two Recreation Supervisors were added,
each of which has a focus on specific programs throughout the City. This
reorganization has allowed for the best utilization of City staff for community events,
sports programs, contract classes and operations at the Diamond Bar Center.
Citywide Fee Study
It has been several years since the City has developed a comprehensive, citywide fee
study for services. It is important to periodically review fees for services to make sure
they are in line with the cost that it takes to provide the services. If not adjusted,
“personal choice” services such as fees charged for construction permits (excluding
Recreation fees) will be subsidized by the General Fund in FY 17 -18 in the amount of
approximately $650,000. This item is currently being reviewed by the City Council and
staff is expected to be given policy direction prior to the adoption of the FY 17 -18
budget.
Economic Development
The former K-Mart retail store site has seen significant development during FY 16 -17.
With the addition of several nationally recognized stores and restaurants scheduled to
open in fall of this year and into next spring of FY 17 -18, the City stands to receive an
additional $275,000 in sales tax revenue. This figure will increase as additional retailers
and restaurant operators commit to signing leases in the near future and additional
construction concludes.
There is a development project in the works at the site of the former Honda dealership
which will include a hotel and office suites. There is another project at the site of the
existing Brea Canyon Road Trailer Storage site which will include a hotel, offices and
restaurants. It is estimated that these two hotel anchored projects, when constructed,
will bring approximately $400,000 each in new TOT revenue in future fiscal years.
There is a new 99 home single family residence project under construction known as
the South Pointe development. It is anticipated that the project will be completed during
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FY 17-18 and will result in “one time” developer fee revenue of approximately $500,000
by June 30, 2018.
City Manager’s Draft Recommended Budget
The City Managers Draft Recommended FY 17-18 General Fund Budget continues to
be conservative in revenue and expenditure growth, while maintaining all exi sting
service levels to the community. Using FY 16-17 mid-year budget levels as a baseline,
FY 17-18 expenditures were maintained at those levels wherever possible to account
for the modest growth in revenues. Significant review of special funds has also been
conducted to provide additional General Fund relief where appropriate.
The City Manager’s Draft Recommended Budget reflects General Fund estimated
resources of $29,863,406 with anticipated appropriations of $29,205,010, resulting in a
surplus of $658,396. The draft budget includes a use of $4,511,399 in General Fund
reserves for several Capital Improvement carryover projects and for new appropriations
(itemized in detail below). Considering these figures, the reserve balance will be
reduced from an estimated $21,398,122 at the end of FY 16 -17 year end to
$17,545,119 at the end of FY 17-18.
Goals and Assumptions in the FY 2017-18 Budget
Estimated Resources - $29,863,406
The current proposed FY 17-18 General Fund Budget estimates resources to increase
approximately 1.8% over the FY 16-17 projected revenues (not including the use of fund
balance reserves).
Property Taxes – Property tax revenues continue to rise and are estimated to be
$5,122,000 in FY 17-18. The FY 17-18 projections assume a 4% growth in the
secured property taxes based on the continued increase in real estate values
and home sales in Los Angeles County.
Other Taxes & Fees – The revenues in this category, which includes sales tax,
transient occupancy tax, franchise fees and property transfer tax, is down slightly
during FY 17-18 as compared to FY 16-17 due to a large, one-time payment of
sales tax revenue during the current fiscal year. There have been no
adjustments to the sales tax revenue during FY 17 -18 related to the new store
openings expected in the upcoming fiscal year. Once the retailers confirm their
opening dates (Kmart site project anticipated opening in October 2017), revenue
projections can be adjusted at the mid-year budget review.
State Subventions – There is an estimated increase of $200,000 in this
category. This category is made up primarily of Property Tax in Lieu of Vehicle
License Fees which is based on the rising property tax values in the City.
From Other Agencies – Included in the proposed budget is the sale of Prop A
transportation funds in exchange for unencumbered General Fund revenue. The
sale of this restricted funding source in exchange for General Fund money gives
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the City more flexibility to use the funds at its discretion. This exchange would
result in an additional $225,000 in unrestricted funds.
Current Service Charges – Estimated resources in this category are up
approximately $527,000 over FY 16-17 projections. This is primarily due to the
collection of development fees related to t he 99-home South Pointe housing
development. The conclusion of the fee study could result in an additional
$650,000 in this category for FY 17 -18 depending on the outcome of the
Council’s policy deliberations.
Estimated Appropriations - $29,205,010
The following are items of significance which have been incorporated into the FY 17 -18
proposed General Fund budget:
Law Enforcement – The City was notified by the Los Angeles County Sheriff’s
Department that the increase to the FY 17-18 law enforcement contract will be 3.872%.
This is an increase of $243,600 over the anticipated costs for FY 16 -17. The FY 17-18
Sheriff’s Department contract budget increase also includes a payment of 10% or
$585,000 into the Sheriff’s Liability Trust Fund which is establish ed by the County to
offset costs associated with liability claims filed against the Sheriff’s Department. The
FY 17-18 Law Enforcement budget totals $6,659,596.
Cost of Living Adjustment/Benefit Allotment - Each year, the City Council
adopts the Compensation Plan for the upcoming fiscal year which includes
employee positions and associated salary ranges. The City’s Personnel Rules
and Regulations specify that the City Manager may request that the City Council
authorize a Cost of Living Adjustment (COLA) for employees based on the March
to March rates of the federal Consumer Price Index (CPI) for Wage Earners and
Clerical Workers in Los Angeles/Orange Counties. This year’s CPI for the
established period is 2.42%. As presented in the budget, the recommend ation is
a 2.4% COLA for all benefitted classifications of employment including the City
Manager position. In addition, it is recommended that a $50 per month increase
to the Benefit Allotment be approved for all benefitted classifications of
employment including the members of the City Council to keep up with
corresponding health premium rate increases. With the monthly Benefit
Allotment increase, full-time non-exempt staff will receive $1,270 and full-time
exempt staff and City Council Members will receive $1,300 to be used towards
health benefits. This action has an approximate cost of $179,000.
Personnel - Via the adopted FY 2017-18 Strategic Plan, the City Council has
made the development and maintenance of a professional and effective
workforce to serve the public a priority. It is then the duty and responsibility of the
City Manager to periodically review departmental operations and staffing
structures for efficient, cost effective, and economical delivery of services to the
public and to conduct long-term organizational and succession planning.
Therefore, the following actions are recommendations as continued effort in
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meeting this goal:
1. Establish a Senior Neighborhood Improvement Officer job
classification as a full-time non-exempt position at salary grade 23NE
($27.85 – $37.32). The current staffing structure includes two
Neighborhood Improvement Officers (NIO) that geographically patrol the
city for code violations. This model has worked well for many years;
however, the last couple of years have consistently noted an increase in
the number of complex nuisance abatement cases that have involved
close coordination with the City prosecutor’s office. While there is still
merit to continue routine patrol of the City to resolve and respond to
enforcement issues, there has been and will be a growing need to have
staff available to deal with more complex issues. The newly established
Senior Neighborhood Improvement Officer will be distinguished from the
NIO by taking the lead in the investigation a nd coordination of
enforcement efforts to close down illegal uses such as boarding houses,
marijuana dispensaries and illicit massage establishments, manage all
aspects of nuisance abatements, coordinate efforts with other agencies
when needed for certain code cases and coordinate voluntary compliance
activities involving multiple property owners such as parking lot and
common drive/roadway maintenance and slope landscape maintenance.
If approved by the City Council, the City Manager will re -classify one
existing NIO to this senior-level position and not backfill the resulting
vacancy. This action results in a cost of approximately $6,500.
2. Establish a Permit Services Coordinator job classification as a full -
time non-exempt position at salary grade 21NE ($26.51 – $35.52).
Currently, there is one City employee that acts as a liaison between our
contract Building and Safety staff, City staff and the development
community. The Permit Technician’s workload over the last few years has
risen not only in volume but also in complexity. Chief among these
changes include more responsibility and coordination with the building and
safety consulting services provider; training and oversight of contract
permit services staff; review of minor construction plans for co de
compliance and completeness; assistance in the development and
implementation of CityView updates; and assistance in the implementation
of an electronic records management system for building permits. These
additional duties performed by the incumbent are at a level beyond that of
Permit Technicians in other municipalities. To best serve the long-term
customer service interests of our residents and the development
community, in an efficient and economically manner, it is recommended
that the City Council reclassify the Permit Technician to Permit Services
Coordinator position. This action results in a cost of approximately
$6,100.
3. Delete the Permit Technician job classification. Upon the re-
classification of the current Permit Technician to the Permit Services
Coordinator, this classification will be vacant and no longer needed.
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4. Establish a part-time non-benefitted Recreation Leader III job
classification at salary grade H8 ($14.04 – $18.81). Staff is
recommending that the City Council establish a part-time non-benefitted
Recreation Leader III job classification and salary plan. The establishment
of the Recreation Leader III position would be complimentary to the
existing Recreation Leader I and Recreation Leader II job classifications
that are already a part of the City’s classification plan. The Recreation
Leader III position would require candidates to have two to three years of
recreation specific experience and be expected to provide lead and on -site
supervision to other less experienced part-time recreation staff. Staff
believes that by adding this position in the part-time recreation staffing
structure that it will provide additional oversight to recreation staff and
service to community programs and events. The Recreation Leader III will
also provide progressive career opportunities within the part-time non-
benefitted recreation series which will in turn build bench strength for full-
time job opportunities. Staff is recommending that the City Council
establish the classification and salary grade at H8 ($14.04 – $18.81).
There is no approximate annual cost to implement this action as the Parks
and Recreation Department will fill positions within the approved budgeted
resources as they continue to examine their operational and staffing
needs.
Transfers Out – This category has increased nearly $3.8 million over the current fiscal
year due primarily to the carryover of unfinished Capital Improvement projects and the
use General Fund reserves to fund those projects. Details of the fund’s uses are
summarized in the next section of this report.
Use of Fund Balance Reserves - $4,511,399
The proposed FY 17-18 General Fund Budget includes the following use of reserves to
fund the following expenditures:
Capital Improvement Projects (CIP) $3,059,025 – There are several CIP
projects that are anticipated to be in progress but not complete by 6/30/17.
Appropriated funds for these projects will need to be “carried over” into FY 17 -18
resulting in the remaining funds ($1.7 million) going back into G eneral Fund
reserves at the end of FY 16-17. $1.4 million in General Fund reserves will be
used to fund new projects in FY 17-18. The remaining proceeds from the sale of
exchanged Proposition A funds will be used to complete four street improvement
projects (totaling $873,565) and one traffic management project ($32,885).
Other projects that will use General Fund reserves include two street
improvement projects (totaling $137,516), four miscellaneous public works
projects (totaling $1,615,059) and the replacement of the HVAC system at City
Hall and the Library ($400,000).
Economic Development - $361,835 – This year’s recommended amount is
allocated as needed for economic development consultants, marketing and other
related work for a number of potential sites. Specifically, consultant assistance
will be necessary for the former Honda/ Burger King site development, the
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expansion of the Kmart area project development, restaurants and related retail
and hotel development efforts citywide.
Transfer Out – LLADS $290,539 – As in previous years, the General Fund has
subsidized the Lighting and Landscape Assessment Districts. Every effort was
made to keep costs down but with rising costs and a fixed amount of property tax
assessment revenue available, General Fund reserves are required to fund the
deficit in each district. To balance these budgets a transfer of $290,539 from
General Fund reserves is required. It should be noted that although District 39
increased its assessment a couple of years ago, a transf er of $32,648 will be
required during FY 17-18.
Transfer Out – Technology Reserve Fund $100,000 – This fund was
established in order to prefund the anticipated replacement of aging software
programs used citywide. This is the annual allocation toward fun ding future
projects
New Finance & Recreation Systems - $700,000 - Both of these aging systems
need to be replaced. The City purchased the finance system from SunGard
Pentamation 20 years ago. There have been no significant upgrades made by
SunGard in the past 12 years. Although the company has not announced an
“end of life” date, it has encouraged the transition to a different product within the
SunGard family. The current version of the software does not fully integrate with
our Recreation (RecTrac), Land Management (CityView), or Online Portals
including our Transit Pass System. This creates significant additional staff costs
to compensate for that lack of integration. The City will benefit from necessary
upgrades to the financial system, which will include full integration between all
other current and planned software the city organization uses. The
implementation of a new finance system along with updates to methods of
payment accepted online and in person at City Hall will help streamline the
resident’s experience when purchasing transit passes or paying for building
permits. The City will conduct a detailed Request for Proposal (RFP) process
which will explore SunGard product options and other vendor products. We
expect that the Functional Requirements, RFP, Vendor Selection, Contract
Negotiation, and Implementation Kick-off can be accomplished within the next
Fiscal Year. $300,000 of the anticipated $750,000 cost of this system will be
funded by the existing Technology Reserve Fund with the r emaining $450,000
being funded by the General Fund reserves. The same limitations are present
with the 20-year old Recreation Department software system known as
“RecTrac”. When considering an upgrade to the most current version of the
software there appears to be significant limitations resulting in significant staff
time working on a manual process. Some of the issues that are present with this
software include how members of a household are maintained and linked
together for class registrations, facility rentals and credit card processing. A new
system that would integrate with the Finance system would allow a seamless
experience for residents when registering for classes or reserving City facilities.
Similar to the purchase of a new Finance system, staff will complete a detailed
procurement process to select the appropriate vendor for the new system. The
anticipated replacement cost for this system is $250,000 and will be fully funded
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by General Fund reserves.
Conclusion
The City Council is scheduled to commence a review of the draft FY 17-18 city budget
on May 2, 2017. A second study session is proposed for May 16, 2017 to present the
special revenue funds and the Capital Improvement Project budget. It is anticipated
that the final draft of the FY 17-18 City Manager’s Recommended Budget will be
presented during the regular session of the June 6, 2017 City Council meeting for
consideration and adoption.
Attachments:
1. 1.a Study Session GF 5.2.17
2. 1.b Study Session PR Programs 5.2.17
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Agenda #: 6.1
Meeting Date: May 2, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Tommye Cribbins, City Clerk
TITLE: WAIVE READING IN FULL FOR ALL ORDINANCES AND RESOLUTIONS
AND ADOPT THE CONSENT CALENDAR.
RECOMMENDATION:
Approve.
PREPARED BY:
6.1
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Agenda #: 6.2
Meeting Date: May 2, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: REGULAR MEETING MINUTES OF APRIL 18, 2017.
RECOMMENDATION:
Approve.
Attachments:
1. 6.2.a Regular Meeting of April 18, 2017.
6.2
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MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
APRIL 18, 2017
CLOSED SESSION: 5:45 p.m., Room CC-8
Public Comments: None.
► PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT
CODE SECTION 54957
CALL TO ORDER: Mayor Lin called the Regular City Council meeting to
order at 6:38 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
M/Lin announced there was no reportable action taken during tonight’s Closed Session.
PLEDGE OF ALLEGIANCE: C/Lyons led the Pledge of Allegiance.
INVOCATION: Patricia Williams, Parish Associate, Northminster
Presbyterian Church, gave the invocation.
ROLL CALL: Council Members Herrera, Lyons, Tye, Mayor Pro
Tem Low and Mayor Lin
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Assistant City Manager; Ken Desforges, IS Director; David Liu,
Public Works Director; Dianna Honeywell, Finance Director; Greg Gubman, Community
Development Director; Kimberly Young, Senior Civil Engineer; Anthony Santos,
Assistant to the City Manager; Dannette Allen, Management Analyst; Mayuko Nakajima,
Associate Planner; Amy Haug, Human Resources/Risk Manager; Cecilia Arellano,
Public Information Coordinator, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Lin and Councilmembers presented a Certificate Plaque to Brian Vo,
owner of Pho Ha Plus as New Business of the Month.
1.2 M/Lin and Councilmembers proclaimed April 22, 2017 as Arbor Day and
presented the proclamation to PWD/Liu.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/DeStefano announced that in addition to today being “tax day” it is also
Diamond Bar’s official birthdate.
CM/DeStefano then reported that the Kmart project continues with great success.
Sprouts is the anchor tenant in that center and that Ross will be joining Sprouts
6.2.a
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APRIL 18, 2017 PAGE 2 CITY COUNCIL
who confirmed during a recent news media broadcast that the Diamond Bar
store, which is scheduled to open by the end of the year, will be one of 35 stores
coming to this general area including the store that recently opened in LaVerne.
As he had stated previously Petco will not be coming to D.B. as corporate has
made a national decision to stop any store that was not already under
construction. However, there are other opportunities that are coming forward on
the retail and restaurant side for which staff hopes to be able to make an
announcement soon.
CM/DeStefano stated that last week he met with the owner/developer of the
Honda/Burger King property where he conveyed to him Council’s direction, that
the property needed to be cleaned up and/or torn down as soon as possible,
which allegedly is scheduled to occur soon. More importantly, the property is
progressing with a hotel as an anchor with significant office buildings on the site.
The developer will be submitting a more detailed site plan in the next few months
which will initiate the Environmental Review process.
3. PUBLIC COMMENTS:
Pui Ching Ho, Diamond Bar Librarian, said that on Thursday, April 20 at 4:00
p.m. the library will host a celebration of children’s books and reading. Families
will enjoy hearing stories from different countries around the world after which
children will be able to create a fun art project to take home. Saturday, April 22 at
2:00 p.m. the library will host a “Naturalization Information and Resource”
session and on Saturday, April 29 at 3:00 p.m. there will be a classical Indian
Dance performance sponsored by the Diamond Bar Friends of the Library. To
check out these and other programs, visit the website at www.colapublib.org.
Many library programs are sponsored by The Friends of the Diamond Bar
Library. She hoped to see everyone at the 24th Annual Wine Soiree on Sunday,
April 23rd at 4:00 p.m. with all proceeds benefiting the Diamond Bar Library.
Kushal Sonawala was happy to hear that the Honda/Burger King property was
being considered for demolition and that the hotel and office buildings will be
built. He also reported that apparently there was a problem with overzealous
parents at the Easter Egg Hunt who took too many eggs for their kids and that 3
this has happened at least four to five times since 2003 and would like to see
what can be done to improve next year’s event.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano said that staff is aware of some of the online commentary about
parental behavior at this years’ Easter Egg Hunt. It is obviously unfortunate that
at times overzealous parents get in the way of a good time for the many others
who participate and staff will look into different techniques for the future to make
the event a better experience for more people to enjoy.
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5. SCHEDULE OF FUTURE EVENTS:
5.1 Earth Day and Arbor Day Celebration – April 22, 2017 – 9:00 a.m. to 2:00
p.m., AQMD/Government Center, 21865 Copley Drive.
5.2 Planning Commission Meeting – April 25, 2017 – 7:00 p.m. – Windmill
Community Room, 21810 Copley Drive.
5.3 Parks and Recreation Commission Meeting – April 27, 2017 – 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.4 City Council Special Closed Session – Public Employee Appointment (City
Manager) Pursuant to Government Code Section 54957 – April 28, 2017 –
8:00 a.m., AQMD/Government Center, Room CC7, 21865 Copley Drive.
5.5 National Drug Take-Back Day – April 29, 2017 – 10:00 a.m. to 2:00 p.m. –
Kaiser Permanente Diamond Bar Medical Offices, 1336 Bridgegate Drive.
5.6 City Council Meeting – May 2, 2017 – 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Tye moved, MPT/Low seconded, to approve
the Consent Calendar with the exception of Item 6.8 pulled by M/Lin. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS
AND ADOPT THE CONSENT CALENDAR.
6.2 APPROVED CITY COUNCIL MINUTES:
6.2(a) Study Session Minutes of April 4, 2017 – as submitted.
6.2(b) Regular Meeting of April 4, 2017 – as submitted.
6.3 RECEIVED AND FILED PARKS & RECREATION COMMISSION
MINUTES:
6.3(a) Regular Meeting of January 26, 2017.
6.3(b) Regular Meeting of February 23, 2017.
6.4 RATIFIED CHECK REGISTER DATED March 30, 2017 through April 12,
2017 totaling $805,211.40.
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APRIL 18, 2017 PAGE 4 CITY COUNCIL
6.5 APPROVED CONTRACT AMENDMENT NO. 1 WITH DKS ASSOCIATES
IN THE AMOUNT OF $10,000 FOR CONSTRUCTION INSPECTION AND
SUPPORT SERVICES FOR THE TRAFFIC SIGNAL BATTERY BACKUP
SYSTEM PROJECT, PLUS A CONTINGENCY AMOUNT OF $1,000,
FOR A TOTAL AUTHORIZATION AMOUNT OF $11,000.
6.6 APPROVED CONTRACT AMENDMENT NO. 2 WITH ITERIS, INC. IN
THE AMOUNT OF $20,000 FOR ON-CALL TRAFFIC AND
TRANSPORTATION ENGINEERING SERVICES; AND, $38,910 FOR
DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
COPLEY DRIVE/GOLDEN SPRINGS DRIVE INTERSECTION
MODIFICATION PROJECT, PLUS A CONTINGENCY AMOUNT OF
$4,000 FOR A TOTAL CONTRACT AMENDMENT AUTHORIZATION
AMOUNT OF $62,910.
6.7 APPROVED NOTICE OF COMPLETION FOR THE CONSTRUCTION OF
DIAMOND BAR BOULEVARD RAISED MEDIAN MODIFICATION AT
MAPLE HILL ROAD – PROJECT NO. 26316.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.8 APPROPRIATE $162,000 OF MEASURE R FUNDS TO THE FY 2016 -17
CIP BUDGET; ADOPT RESOLUTION 2017-13: APPROVING PLANS
AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT; REJECT THE BID RECEIVED FROM HAITBRINK ASPHALT
PAVING AS NON-RESPONSIVE, AWARD THE CONSTRUCTION
CONTRACT FOR THE MORNING CANYON ROAD REHABILITATION
PROJECT TO HYM ENGINEERING, INC. IN THE AMOUNT OF
$384,378.20 AND AUTHORIZE A CONTINGENCY AMOUNT OF $38,438
(10% OF THE TOTAL CONTRACT) FOR CONTRACT CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION OF $422,816.20.
M/Lin asked staff what the issue was with the reference to the lowest
bidder being “non-responsive.”
PWD/Liu stated that when the lowest bidder submitted his proposal, the
percentage of the contract value he proposed was less than 51 percent.
Because the contract requires that the lowest bidder must perform at least
51 percent of the contract value, his proposal is a direct violation of the
City’s contract rules. Additionally, in terms of the specifications, the
bidder is required to adhere to the Greenbook Standards of which he did
not follow. Based on these two findings, staff determined and
recommended to the City Council that his proposal was “non -responsive”
and accordingly, staff moved to the second low-bidder as the “responsible”
bidder for the project.
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APRIL 18, 2017 PAGE 5 CITY COUNCIL
C/Lyons moved, C/Herrera seconded, to approve Item 6.8 as presented.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7. PUBLIC HEARING:
7.1 RESOLUTION 2017-XX: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING A
SCHEDULE OF RATES, FEES, AND CHARGES FOR COMMUNITY
DEVELOPMENT SERVICES AND ADMINISTRATIVE/MISCELLANEOUS
SERVICES FOR THE CITY OF DIAMOND BAR.
ACM/McLean presented the results of the City’s Comprehensive Fee
Study and staff recommendations for development of administrative
service fee schedules for Council’s consideration. The City provides a
multitude of services to the public (customer service focus/cost effective
services). There are two types/classifications the City provides, the first
being “Community Supported Services” which have an implicit rationale
for subsidization based on overall community welfare which includes
public safety, parks, streets and things that are used by everyone for
which the City does not charge fees for use. These services are usually
and primarily funded with tax dollars the City receives (property tax, sales
tax, etc.) The second type of services are “Personal Choice Services”
which are services that directly benefit an individual property owner or
developer and in general are funded by “fees” so that the individual that
receives benefit for the service pays a fee for that service. Generally, the
City would like to cover as much as possible by using a full-cost recovery
method to collect those fees. These types of fees include building,
planning, engineering, and public works permits. Tonight’s presentation
focuses on Development Services and the few fees in t he Administrative
Services category. Staff will bring back Recreation and Park fees at a
later date with separate recommendations for Council’s consideration.
Currently, Community Supported Services are funded directly by taxes
and grants whereas Personal Choice Services are covered by fees that
are collected for that service. The Fee Study Analysis determined that the
Personal Choice Services are currently heavily subsidized by the taxpayer
which means that the full-cost of providing those fee-based services
exceed current and expected fee revenues and thus, tax monies/General
Fund dollars are diverted to make up the difference.
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The last time the City conducted a full fee study was in 2009 and at that
time the City Council chose to adopt subsidized fees (not full-cost
recovery) with annual CPI adjustments each year thereafter. In 2016 the
City Manager authorized a contract with Revenue Cost Specialists (RCS)
to conduct the fee study being presented this evening. RCS is an expert
in the field and has done similar work for cities throughout the State and
has a good background and knowledge of this type of service. RCS
conducted a cost/revenue analysis of all services provided by the City,
identified the beneficiary of the services provided – who pays vs. who
benefits, developed a legally defensible baseline for calculating service
costs and recommended fee and policy adjustments for Council’s
consideration.
The Fee Study Methodology was a cooperative process with RCS and
City staff that took place over several months with multiple departmental
meetings and document reviews which were conducted to calculate the
service levels and time spent by staff on each service type, review of the
budget and development of the cost-allocation plan, review of services to
categorize between Community Supported and Personal Choice services
to identify the difference between the two and reviewed recovery
percentage and developed recommendations being brought forth this
evening.
When developing costs, elements that were included were salaries,
employee fringe benefits, operating expenses, overhead and
administrative expenses, asset replacement expenses and the amount of
time necessary to provide the service which resulted in an all-
encompassing fully-burdened rate to provide the service (utilities,
depreciation and staffing costs).
What the study found was that current Development Services and
Administrative Services has a taxpayer subsidy for the study period of
$917,534 which is a 61.7 percent recovery rate of th e actual cost to
provide the services in those categories. The full cost of delivering fee -
financed Personal Choice Services exceed the revenue on an annual
basis which means that if fees do not pay all of the costs of Personal
Choice Services, taxes and General Fund dollars will make up the
difference which is occurring at this time. If the Council was to implement
a full-cost recovery on Personal Choice Services and Development and
Administrative Services, the potential subsidy reduction is $652,675
annually beginning in FY 2017-18. This is a conservative revenue
estimate based on the most likely volume of services in the two
categories. Additionally, reduction of subsidies provides the Council with
more flexibility to use the taxpayer revenue to enhan ce Public Safety, and
conduct Capital Improvement Projects such as parks and street
improvements.
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ACM/McLean provided a power point presentation showing examples of
fee types, current fees, actual costs (fully burdened rate) and dollar and
percentage changes for each type. In nearly every case the fee examples
are heavily subsidized by the taxpayer at their current rates. One item is
the solar plan check for family and commercial use which was reduced in
accordance with State law that rendered solar permits available over-the-
counter which means the City must keep the cost low to meet that
mandate.
Diamond Bar has maintained very good fiscal management over the
course of its incorporation. That being said, Diamond Bar does not have
the luxury of major commercial developments, auto dealerships, Transit
Occupancy Tax (TOT) or tourist attractions that allow for significant tax
revenues to provide public services or allow for the policy flexibility to
subsidize services. The City also has a very limited share in the property
tax pool (one of the lowest in the County) which further highlights the need
to identify and reduce subsidies to ensure service levels are maintained at
expected levels into the future.
Implementing a full-cost recovery policy for Development and
Administrative Services fees would reduce subsidies by an estimated
$652,675 in the next fiscal year which again, provides additional funds that
can augment programs and services from Public Safety to Capital
Improvements. To remain current, staff recommends that Council
approve the Annual Adjustment of CPI (March to March CPI) each year
thereafter until another fee study is completed or another full adjustment of
fees is made. He again noted that Parks and Recreation fees which are a
large component of the report will be brought back to the City Council for
standalone consideration in the future.
Staff recommends that the City Council approve a full-cost recovery model
for Community Development Services and Administrative Services Fees
by adopting Resolution 2017-14 which establishes and adopts a schedule
of Rates, Fees and Charges for Community Development Services and
Administrative/Miscellaneous Services for the City of Diamond Bar.
M/Lin reiterated that the City Council has spent a considerable amount of
time reviewing the findings during study sessions. This is a critical matter
of consideration for the City when considering fee increases, especially
when it applies to users of the program. It is a concern to the Council but
the Council concurs with the findings that fees that are subsidized by the
residents at large and the City needs to find equality in these matters.
C/Herrera said that this was a huge report and would have liked to have
had a few more days for review and consideration. She wanted to know if
staff was asking the Council to increase Personal Choice fees.
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ACM/McLean said yes, the recommendation is to enact a full-cost
recovery model exclusive to the Personal Choice fees (Development and
Administrative Services).
C/Herrera said she believed that in addition to increasing fees in order to
balance the budget which she believes is critically important, a lot of the
General Fund monies are one-time monies and does not believe it is
responsible to spend those one-time monies for ongoing expenses. In
addition to considering increasing fees she believes the City needs to look
at where monies are being spent on other programs, not necessarily
eliminating any of the programs but perhaps trim a bit of what the City
does in each category in order to be more cost -effective which was not
part of this fee study scenario. She wanted to know when this matter
would come up for consideration.
ACM/McLean said that those types of decisions are made during the
budget process the City Council will enter into in the next couple of
months. At that time the Council will have an opportunity to go through all
of the recommendations and direct staff accordingly, to trim or cut back.
C/Herrera asked when the Recreation portion of the fee study would be
brought to the Council.
ACM/McLean said within the next couple of months or so.
C/Herrera asked if this was in conjunction with the budget so the Council
would be adopting the budget prior to staff coming back with fee
recommendations for Recreation Services.
ACM/McLean said he did not have an exact date when that would go on
the City Council calendar but staff is prepared to bring it back relatively
quickly.
C/Lyons felt that some of the Councilmembers were confused about what
would be discussed tonight because there were things in the
documentation that were about recreation and those items will not be
voted on tonight.
ACM/McLean said that the difficulty was that this is an all -encompassing
fee study, a comprehensive document that includes all of the fees
including recreation. Staff wanted to provide the full report to the City
Council; however, one of the difficult things is that if one looks on Page 30
it talks about Development Services and the next page has a reference to
“recreation.” Staff did not want to provide the full document to the Council
with missing pages throughout the document which is why in the staff
report it was meant to reference only those elements.
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C/Lyons said the staff report said that but the backup materials did not
match that exactly.
C/Lyons said that when Recreation Services are discussed will all of that
information be imparted during study sessions similar to how this report
was brought forward.
ACM/McLean responded “yes.”
C/Tye asked why the full cost recovery did not equal the $917,000.
ACM/McLean reiterated that the study was conducted during a year that
had a greater-than-average volume. The $650,000 number is a more
conservative estimate based on where staff believes actual volumes
would be going forward.
MPT/Low asked what safeguards are within management to ensure the
City keeps its fees as low as possible so that when the City is recovering
“full cost” the services are delivered as efficiently so that taxpayers are not
overpaying.
ACM/McLean said the document is one way of making sure the fees are
accurate. One of the reasons for conducting a fee study is to develop a
“legally defensible” set of fees and by going through this exercise and
studying the delivery of each service (time, overhead, salaries, benefits,
etc.) this document establishes the true “legally defensible cost of
providing each service which is the basis for the Full-Cost Recovery
model.
MPT/Low asked how management ensures that what the City is spending
is the lowest it is spending.
ACM/McLean responded that Diamond Bar has maintained a lean staff
that provides services as efficiently and effectively as possible. This is
something the City does with everything it provides – to be efficient,
provide services quickly and at the lowest cost possible. When
developing services that are offered to the public , staff does everything
possible to make sure that responses are as quick as possible, that the
City uses as little consulting time as required to complete the process,
maintain the contract service model which seems to be a more effective
and cost-effective way to provide service. Whenever the City offers
service staff looks to provide the best, quickest and most cost -effective
service to the public.
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MPT/Low asked if that included training to make sure that staff is well -
trained and cross-trained to make sure they are efficient in the processes
by receiving regular evaluations to make sure they are efficient and low-
cost.
ACM/McLean responded that each department has specific training
sessions and there is a training calendar for the Human Resources
Department. Staff is working on an improved and revamped Employee
Performance Management System which is on the City Council’s Strategic
Plan for the upcoming year which will include tracking of evaluations that
include training, opportunities to improve knowledge and cross -train.
M/Lin asked ACM/McLean to explain what a Personal Choice Service Fee
is.
ACM/McLean stated that a Personal Choice Service Fee is one that
directly benefits an end-user (person requesting the service). For
example, if a developer comes into City Hall to request that a project be
processed to make sure it meets all of the City Codes and Building
requirements, that individual/developer would pay the fee for that service
at a full-cost recovery level to have that work done for them.
M/Lin opened the Public Hearing at 7:27 p.m.
With no one present who wished to speak on this matter, M/Lin clos ed the
Public Hearing at 7:28 p.m.
C/Lyons said she is struggling with whether it is a good idea to increase
the cost of a Business License because the City tries to be very pro -
business and when more businesses choose to locate in the City they
offer more choices for services to the community and more employment
opportunities for residents.
C/Herrera said this is a very important item that is before Council for
consideration and that she had very little time to read through the
hundreds of pages prior to tonight’s meeting.
C/Herrera moved for Council to table any action tonight and allow each
Councilmember to consider each part of the report, ask questions of staff
as they come up over the next couple of weeks and bring it back for action
at the May 2nd Council meeting.
The motion died for lack of a second.
M/Lin asked counsel for direction.
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CA/DeBerry responded that unless the Council takes action on the matter
it will have to be brought back so a Council Member will have to volunteer
that action be taken one way or another.
Following further discussion, MPT/Low reiterated C/Herrera’s motion
which C/Herrera seconded.
M/Lin asked if the matter would be listed as a Public Hearing for May 2 .
CA/DeBerry said yes, but it will not have to be re-noticed if the motion
made at this meeting states it will be heard again in two weeks because
staff’s report may be different.
M/Lin called for the vote which was approved by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7.2 ORDINANCE NO. 03(2017) OF THE CITY OF DIAMOND BAR
AMENDING DIAMOND BAR MUNICIPAL CODE SECTION 21.03.030 OF
TITLE 21 (SUBDIVISIONS) AND TITLE 22 (“DEVELOPMENT CODE”) IN
ORDER TO COMPLY WITH RECENTLY ENACTED STATE
REGULATIONS PERTAINING TO ACCESSORY DWELLING UNITS
(ADUS): 22.080.030, 22.16.140, 22.42.060, 22.42.110, 22.42.120,
22.68.030 AND 22.80.020.
CM/DeStefano stated that as M/Lin stated, this is a result of recent state
law changes and this matter comes to the Council with the unanimous
recommendation of the Planning Commission to approve.
AP/Nakajima presented staff’s report stating that an Accessory Dwelling
Unit is a defined housing type under State law which is a small individual
living space that is ancillary to the main residence and can be either
attached or detached that provides complete independent living facilities
and is located on the same lot as the main house. They are also known
as second units and granny flats. State law has long decreed ADU’s to be
a valuable affordable housing option and as such, state law places certain
limitations on what cities can regulate. Cities cannot completely prohibit
ADU’s but are allowed to designate areas in which they might be
appropriate, and to impose reasonable standards such as setbacks, lot
coverage, height and size.
In 2003 State law also required that cities approve these ADU’s
ministerially and most recently, per SB1069 and AB2299 state law
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significantly revised their ADU laws which took effect on January 1, 2017.
The intent of the change is to address the housing shortage by using more
development restrictions. This Code Amendment is required to ensure
that the City stays consistent with state law and to enable the City to
exercise limited restrictions on ADU’s. Failure to adopt an ordinance that
is consistent with state law would result in the City not being able to
regulate ADU’s at all. The proposed amendments to the Code are
required for the City to regulate ADU’s that is consistent with the state.
The Planning Commission recommended adoption on March 14 and this
Code Amendment would apply Citywide.
The amendment within the land use table would now permit ADU’s in all
residential zones. Currently, the City allows them only in the RR and RL
zones subject to specific development standards, but now the City is
required to allow them in all residential zones. The Code currently allows
ADU’s on residential parcels that are at least 10,000 square feet in size,
have a minimum buildable pad area of 8,000 square feet, must be a
minimum of 50 feet and a minimum depth of 100 feet. With the new State
law cities are still able to impose these minimum lot size requirements
provided that that they do not unreasonably restrict the prospect of
developing and ADU. Thus, staff is recommending to keep the existing
requirement intact because there is a large enough inventory of parcels
that meet this requirement. However, when an ADU is proposed within an
existing space, whether it is the main house or an accessory structure
which includes a garage, the City must permit them regardless of lot size if
it meets all of the following: They must meet the side and rear setbacks
for adequate fire safety; it must meet all applicable building and safety
codes, and only one ADU will exist on the parcel. Essentially, if a
structure can meet all of these requirements they must be allowed within
that space.
For parking requirements, one off -street parking space is required for all
ADU’s. But this space must be accessible from the existing driveway and
it can be tandem or within the setback areas. When a garage, carport or
covered parking structure is demolished to create an ADU the
replacement spaces can be in the form of covered space, uncovered
space, tandem or mechanical automobile parking lift. However, there are
also exceptions to requiring parking for an ADU when there are certain
circumstances. If the ADU is located within ½ mile of a transit stop or an
ADU is located within an historic district, or if it is part of an existing house
or an accessory structure, or if on-street parking permits are required but
not offered to the occupant, or when there is a designated car -share
space located within a block of the ADU the City cannot require the one
parking space for the ADU.
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A question came up during the Planning Commission meeting with respect
to CC&Rs and the revisions to the State law apply only to the City’s
Zoning Regulations. In other words, if an HOA’s CC&R’s restrict or
prohibit ADU’s, those CC&R’s would still be enforceable by the HOA.
In summary, the purpose of this ordinance is to retain as much local
authority as possible to regulate ADU’s in light of the State’s latest
limitations on local control i.e. failure to adopt an ordinance consistent with
State law would prevent the City from regulating such things as setbacks,
height and size requirements, among other things. In conclusion, staff
recommends City Council approval for First Reading by Title Only, Waive
Full Reading and schedule a Second Reading for May 2, 2017.
MPT/Low asked what would happen if someone requested an ADU with a
current unit on a lot of less than 10,000 square feet.
AP/Nakajima responded that if it can be shown it is a legally permitted
structure with a County or City issued permit it is permitted. If not, it would
have to be made legal and meet the criteria in the current ordinance.
MPT/Low asked if the ADU had to follow building standards are t here
restrictions that apply such as blocking a neighbor’s view.
CDD/Gubman said there is no discretion. There is not a measurable
standard in the Code for view protection, it is more a part of the
compatibility review the Planning Commission takes under consideration
when they make their findings. However, ADU’s are permitted to only be
single story structures so view impacts are not likely to occur. ADU’s are
only permitted on properties that are already developed with a single
family residence so the ADU would never exceed the height of what is
already developed on the property and it is likely to be in a location that
has less of a view impact on neighboring properties than the existing
development.
MPT/Low asked if it was conceivable a person could have an ADU built on
a property that would eliminate back yard space or ingress/egress to the
sides and back of the property?
CDD/Gubman said it was not likely. He could not imagine a situation
where that would occur given the relatively contempo rary era of
development that has occurred in Diamond Bar and there is quite a limited
amount of lot coverage that is permissible in the building stock in the City
so he would not foresee that being likely.
C/Lyons asked if someone could divide a single family unit.
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CDD/Gubman explained that the new legislation mandates and talks
about two different types of Accessory Dwelling Unit development that is
possible. The traditional second unit would be a small “guesthouse” type
structure that is detached from the main house or it could be an addition to
the main house with an independent entrance and its own kitchen
facilities. The new state legislation says that an Accessory Dwelling Unit
could also be created by remodeling a portion of an existing hou se so
while it is true that one could divide up an existing house into a main
dwelling and an Accessory Dwelling Unit there are square footage
limitations in the statutes and in the ordinance.
AP/Nakajima referred the Council to Page 530 of their packets. If the lot is
between 10,000 and 20,000 square feet one can have a maximum 600
square foot ADU. If it is over 20,000 square feet, one can have a
maximum 1200 square foot ADU.
C/Lyons asked if this could result in garage conversions which did not
sound good to her. Is this something the City has to permit?
CDD/Gubman responded yes. The new legislation mandates that should
a homeowner wish to convert their garage, even if the property is less
than 10,000 square feet, the City must allow the garage conversion to be
permitted. In addition to that, the City is forbidden from requiring a
replacement garage to be constructed to make up the lost covered
parking. So the City is allowed to require replacement parking on the
parking but it could be in the form of additional driveway space or carport
or some other means of meeting the parking requirement other than
requiring it to be provided with a two-car garage.
C/Lyons said this has the potential to change the City’s neighborhoods.
Apparently, this is what Sacramento has decided was best for cities.
CDD/Gubman responded that is one way to put it.
C/Lyons said she is having a hard time seeing how that is best for the
City.
CDD/Gubman further stated that staff is frustrated by the limitations that
are imposed upon the City by this legislation so staff’s goal in crafting this
ordinance is to restrict the relaxed requirements in order to avoid or at the
least mitigate, the neighborhood impacts to the extent the City is legally
able to.
M/Lin asked if a homeowner could hookup sewer and water and park a
mobile home on his lot to serve as an ADU? A manufactured home is
considered as a qualified ADU.
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CDD/Gubman responded that manufactured housing that meets the
development standards would be permitted if they are going to construct
an Accessory Dwelling Unit or place a manufactured structure on the
property. The City can still point to the code requirements that the ADU
be architecturally consistent with matching materials, roof pitch, etc . Even
though technically, manufactured housing is permissible, the form of that
manufactured housing is still subject to the City regulations that it has to
match the architecture of the main dwelling.
M/Lin opened the Public Hearing at 7:52 p.m.
With no one present who wished to speak on this matter, M/Lin closed the
Public Hearing at 7:52 p.m.
M/Lin asked the deadline for approving this ordinance and when does it
take effect.
CDD/Gubman responded that the legislation is now in effect and the City
is subject to the unshackled state law. The City has up to 120 days to
approve an ADU application. Currently, there are no ADU applications in
the Planning Division so even though the current ordinance is technically
null and void, staff still has 120 days to process an application and the
way the state law is crafted, they would not be grandfathered in while the
City is waiting for its ordinance to cure. It is whatever regulations are in
effect at the time of approval so in that case, he would say that time is of
the essence because he has no idea when the next ADU application might
come through the door so the sooner this ordinance can be adopted, the
sooner the City can avoid the unmitigated reach of the State regulations.
CM/DeStefano stated that if the City Council takes action to approve First
Reading of the ordinance tonight the Second Reading would be scheduled
to take place at the May 2nd City Council meeting and the ordinance would
become effective approximately 30-days thereafter (about June 4th).
C/Tye moved, C/Lyons seconded, to approve Ordinance No. 03(2017) for
First Reading by Title Only, Waive Full Reading and schedule a Second
Reading for May 2, 2017. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL CONSIDERATION: None
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9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Lyons thanked the City for the tremendous Birthday Party. Many people
attended and there was something for everybody – the car enthusiasts, business
people, kids and the outstanding citizens who were recognized. These events
take a lot of work and people to make them successful and those who performed
that work made the City look good and the Council and residents appreciate what
they do. She reminded residents that there is a very big fundraiser for the library
on Sunday which is a wine and food tasting and benefit auction even t that starts
at 4:00 p.m. Tickets can be obtained at the Diamond Bar Library, Basically
Books, etc. and she hopes to see many residents join the Council for that event.
This afternoon she returned from Boston where she attended the Boston
Marathon to witness two residents participate in the great event. It felt like she
was witnessing the best of America. She congratulated Linda Lyons and Alex
Nichols, her sister and daughter who she is very proud of.
C/Herrera thanked staff for their hard work in putting on the wonderful City
Birthday Party which is one of the biggest events of the City each year.
Residents and community organizations really enjoy the event and even people
from other cities come to join in the festivities. She heard many people
compliment Diamond Bar on what a great job the City does on behalf of its
residents for free. Thank you to staff. She knows it takes many months of
planning and it turns into a long, long day to make sure things are set up and run
smoothly. Today is the day Diamond Bar was incorporated 28 years ago! Happy
Birthday Diamond Bar!
C/Tye said that as a friend once told him, it’s not free, it’s included. It is one of
those events that is not a Personal Choice Service, it is a Community Supported
Service that everyone is happy to have. He was disappointed to hear someone
talk about what he felt was a very, very successful 34 th Annual Easter Egg Hunt.
He would love to know how many hours, days, weeks and months it takes to plan
that event which is over in 50 seconds. Some kids were disappointed that mom
and dad did not get them there on time to get an egg. Overall, the Lions do a
great job and it is a good partnership with the City. Overall, people are very
pleased with the event and the Boy Scouts do a terrific job every year with the
Pancake Breakfast. He hoped everyone would join the Council for the annual
Friends of the Library Wine Soiree with many, many restaurants in town
providing samples of their foods. The most important thing about this event is
that every dollar goes to support the library.
MPT/Low stated that the City Birthday Party was truly a great event and a very
nice family day. It was fun to see the kids and especially the dogs and perhaps
there should be a dog contest included in next year’s celebration. Thanks to staff
and especially the Parks and Rec staff for their hard work. The Regional
Chamber of Commerce is a big partner in that event and she thanked them for
their participation. She thanked owners who showed off their cars – they were
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really great. Echoing C/Lyons and C/Tye’s invitation to the Wine Soiree she said
the library is one of the very few places one can learn, get books, get videos and
it is free and open to everyone which is what this worthwhile and fun event
supports.
M/Lin said the Birthday Party was a lot of fun. He announced that Traffic and
Transportation Commissioner Shakoufeh Mirzaei has resigned because she
moved out of the City. As a result, there is a vacancy on the Commission and
the City Clerk is accepting applications from those interested in serving the City
on a volunteer basis. He attended the Easter Egg Hunt and most people arrived
onsite at 5:00 a.m. to begin setting up for the event. There were 11,000 plastic
eggs placed on the ground which he thought should be enough for everyone. He
felt everyone had fun.
ADJOURNMENT: With no further business to conduct, M/Lin adjourned the Regular
City Council Meeting at 8:06 p.m. to Friday, April 28th at 8:00 a.m. at City Hall,
AQMD/Government Room CC-7 for Closed Session.
_____________________________________
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of , 2017.
JIMMY LIN, MAYOR
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Agenda #: 6.3
Meeting Date: May 2, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED APRIL 13, 2017 THROUGH
APRIL 26, 2017 TOTALING $ 1,083,898.48.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 1,083,898.48 in City funds.
BACKGROUND:
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.
DISCUSSION:
The attached check register containing checks dated April 13, 2017 through April 26,
2017 for $ 1,083,898.48 is being presented for ratification. All payments have been
made in compliance with the City’s purchasing policies and procedures. Payments
have been reviewed and approved by the appropriate departmental staff and the
attached Affidavit affirms that the check register has been audited and deemed accurate
by the Finance Director.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 6.3.a Ratification of check 5-2-17
2. 6.3.b Check Register 5-2-17
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Agenda #: 6.4
Meeting Date: May 2, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: APPROVAL OF TREASURER'S STATEMENT FOR MARCH, 2017.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Per City policy, the Finance Department presents the monthly Treasurer’s Statement for
the City Council’s 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:
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Attachments:
1. 6.4.a Mar'17 Treasurer's Report
2. 6.4.b Mar'17 Investment Portfolio Summary
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Agenda #: 6.5
Meeting Date: May 2, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: AWARD A THREE YEAR CONTRACT WITH SIEMENS INDUSTRY, INC.
FOR PROFESSIONAL TRAFFIC SIGNAL MAINTENANCE SERVICES IN A
NOT-TO-EXCEED ANNUAL AMOUNT OF $185,000.
RECOMMENDATION:
Award.
FINANCIAL IMPACT:
As the same traffic signal maintenance budget amount in this current fiscal year, t he
Fiscal Year 2017-2018 budget is proposed with an appropriation of $230,000 for both
routine and extraordinary traffic signal maintenance services throughout the City.
Routine maintenance services will be provided on 66 intersections (including shared
traffic signals with Caltrans, LA County, and City of Pomona), 6 underpass lights, and
three (3) flashing beacons. The current routine monthly maintenance costs will increase
from $58.78 to $62 per intersection, $41.24 to $42 for flashing beacon, while the rate for
the underpass light maintenance will decrease from $50 to $48. All other service costs
will be based upon labor and mat erials on an as needed basis at the rates prescribed in
the attached proposal dated March 14, 2017.
BACKGROUND:
The City has 66 signals that require routine preventive maintenance, emergency repair
and nonemergency maintenance, and upgrades. The City also has three (3) flashing
beacons, five (5) underpass State bridges with soffit lights, thirty three (33) locations
currently equipped with Battery Back-Up System Units, and an additional twenty (20)
more locations to be equipped with new Battery Back-Up System Units by May 2017.
See attached Request for Proposals (RFP) for Traffic Signal List.
DISCUSSION:
The City’s agreement for traffic signal maintenance services with our current contractor,
Siemens Industry, Inc. (formerly Republic ITS), will expire on June 30, 2017. Prior to
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this expiration date, staff determined that the RFP (Request for Proposals) process
would provide the City the best opportunity to receive contemporary proposals from
current as well as new prospective contractors. Additionally, th e proposals would give
the City a good indication of the current market rates for City traffic signal maintenance
services.
On February 15, 2017, the Public Works Department issued the RFP for a new contract
for traffic signal maintenance services. The RFP was advertised on the City’s website,
and qualified contractors had until March 14, 2017 to submit a proposal. The City
received four (4) proposals for consideration, in alphabetical order: Aegis ITS, Inc., Bear
Electrical Solutions, Inc., Siemens Industry, Inc., and St. Francis Electric. The minimum
requirements were as follows:
The Contractor’s demonstrated understanding of the needs of the City.
The Contractor’s responsiveness to the specific needs of the City.
The Contractor’s local experience, expertise and knowledge particular to the
City’s needs in providing services of a similar nature.
The methodology for carrying out the tasks described in the proposal.
Location of Contractor’s office/operations yard and anticipated response time.
The skills, education and experience of personnel on the Contractor’s staff.
The proposed organization structure of the project team.
The Contractor’s financial stability.
References.
Cost.
Staff evaluated the fee proposals summarized below for monthly routine maintenance,
semi-annual maintenance, and annual maintenance:
Contractor
Monthly
Routine
Maintenanc
e
Semi-Annual
Maintenance
Annual
Maintenance
Fees Fees Fees
Aegis ITS, Inc. $2,673.00 $206.20 $161.00
Bear Electrical Solutions, Inc. $6,035.00 Included $265.00
Siemens Industry, Inc. $4,506.00 $393.00 $275.00
St. Francis Electric $8,248.50 $385.00 $510.00
Unscheduled/Emergency Work (“Extra Work”) fees for Siemens Industry, Inc. are
available in their attached proposal.
The abovementioned four (4) contractors are all full service traffic signal maintenance
contractors with various experiences providing similar traffic signal maintenance
services to other municipalities. While all of the proposals demonstrated basic
competencies in providing the required services, Siemens Industry, Inc. was selected
based on the strength and thoroughness of their proposal as well as their competitive
pricing.
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Key considerations used to select Siemens Industry, Inc. are as follows:
Technical ability and experience similar to the scope of work.
Ability to complete entire project in-house, improving communications,
streamlines work, and eliminates unnecessary cost or delays.
Technical staff familiarity with City’s traffic signal equipment and software.
A comprehensive work plan.
Experience with D4 software (recently deployed at 15 locations citywide).
Company’s history with providing quality services.
Familiarity with various battery back-up systems to include installation,
programming and testing procedures, and maintenance.
Company capability and adequate financial resources.
It is recommended that City Council approve the three-year agreement with Siemens
Industry, Inc. to provide traffic signal maintenance services with the City based on the
company’s technical ability/experience/support, work history, and performance.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.5.a TRAFFIC SIGNAL MAINTENANCE SERVICES - RFP
2. 6.5.b TRAFFIC SIGNAL MAINTENANCE SERVICES - AGREEMENT
3. 6.5.c SIEMENS INDUSTRY, INC. PROPOSAL - EXHIBIT A
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TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of May 2, 2017 by and between
the City of Diamond Bar, a municipal corporation ("City") and Siemens Industry, Inc.
("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 services set forth in the attached
Exhibit "A", which is incorporated herein by this reference. As a material inducemen t 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.
Christian Malpica, Associate Engineer (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 July 1, 2017, and
shall continue until June 30, 2020 unless earlier terminated pursuant to the provisions
herein. This Agreement may be extended as provided herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City.
4. Payment.
A. As 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 properly invoiced within 35 days of
receipt.
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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.
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.
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 C ity 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, including 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
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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 W orker’s Compensation acts and other employee
benefit acts with respect to Contractor’s employees or Contractor’s 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 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 incl usive 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.
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;
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(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00; and
(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 greater.
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) day's 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.
D. All policies of insurance shall cover the obligations of Contractor purs uant
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.
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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 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. Maintenance and Inspection 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 lea st 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.
13. 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
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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 ultima te vendor(s) 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.
14. Termination. The City may terminate this Agreement with or without cause
upon thirty (30) 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 thirtieth (30th) day following delivery of the n otice. 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.
15. Personnel. 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 s uch
services. 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, for good cause, to require Contractor to exclude any employee from performing
services on City's premises.
16. Extension Options. [Revise per Proposal]
A. The City shall have the option to extend this Agreement for no more
than two (2) years, 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 of this Agreement.
B. In the event the City exercises its option to extend the term of this
Agreement for more than two (2) additional years, the Contractor's unit prices shall be
subject to adjustment at the end of one-year extension and annually thereafter ("the
adjustment date") 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 Lab or Statistics of the United States
Department of Labor, has increased over the CPI for the month one year prior to
the Index Month. Any increase in compensation, negotiated or based upon CPI,
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shall be subject to approval of the City Council if this Agreem ent was originally
approved by the City Council.
17. Prevailing Wage. Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
Contractor is required to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public works is performed, and
not less than the general prevailing rate of per diem wages for holiday and overtime work.
In that regard, the Director of the Department of Industrial Relations of the State of
California is required to and has determined such general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the Office of the
City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and
are available to any interested party on request. City also shall cause a copy of such
determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to City, not more than twenty-five
dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day
or portion thereof, if such laborer, workman or mechanic is paid less than the general
prevailing rate of wages hereinbefore stipulated for any work done under this Agreement,
by him or by any subcontractor under him.
The CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5, which
precludes the award of a contract for a public work on any public works project awarded
after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement
by the Department of Industrial Relations.
18. 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.
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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.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's
work.
20 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 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.
21. 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 Con tractor to so assign this Agreement
or any rights, duties, or obligations arising hereunder shall be void and of no effect.
22. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, stat e, and local governments.
23. 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.
24. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret t he
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and Contractors.
25. 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
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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.
26. 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.
“CONTRACTOR” “CITY”
Siemens Industry, Inc. City of Diamond Bar
2200 W Orangewood Ave, Suite 210 21810 Copley Drive
Orange, CA 92868 Diamond Bar, CA 91765-4178
Attn.: Steven M. Teal Attn.: David G. Liu
Phone: 714 497-5043 Phone: 909 839-7040
E-Mail: steven.teal@siemens.com E-mail: publicworks@diamondbar.gov
27. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
28. 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.
29. 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, nor 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 Ordinance.
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N WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
"Contractor" "City"
Siemens Industry, Inc. CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: Jimmy Lin, Mayor
Title:
By: ATTEST:
Printed Name:
Title:
Tommye Cribbins, City Clerk
Approved as to form:
By: ______
David A. DeBerry, City Attorney
*NOTE: If Contractor 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 Treasurer.
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.
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Agenda #: 6.6
Meeting Date: May 2, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: APPROVAL OF CONTRACT AMENDMENT NO. 2 WITH FEHR & PEERS
FOR ON-CALL TRAFFIC AND TRANSPORTATION ENGINEERING
SERVICES IN THE AMOUNT OF $15,000 FOR FISCAL YEAR 2016-2017
AND $100,000 FOR FISCAL YEAR 2017-2018.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
The total approved Fiscal Year 2016-2017 Public Works Operating Budget for Traffic
Engineering Services is $181,254 which includes the mid-year budget adjustment of
$15,000 for Professional Engineering Services for the SR57/60 Conflue nce Project.
The additional $100,000 requested in Amendment No. 2 will be included in the
proposed Fiscal Year 2017-2018 operating budget for traffic engineering services.
To date Fehr & Peers has been authorized a total contract amount of $69,000 for on -
call traffic engineering services for Fiscal Year 2016 -2017. Approval of Amendment No.
2 will increase Fehr & Peers total contract amount to $84,000 for Fiscal Year 2016 -2017
and $100,000 for Fiscal Year 2017-2018.
BACKGROUND/DISCUSSION:
To augment the City’s professional services, multiple traffic and transportation
engineering consultants have been utilized by staff on an as needed basis. A three (3)
year contract for on-call traffic and transportation engineering services was approved by
Council on October 4, 2016. On December 20, 2016 Council approved Amendment No.
1 with Fehr & Peers increasing the authorized contract amount to $69,000. Services
provided by Fehr & Peers include:
Lemon Ave. Interchange Project Management Services
Project Assistance and technical review for the City’s Adaptive Traffic Control
System (ATCS)
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Preparation of an updated Report Card to monitor the performance of the
City’s transportation system
Staff support in developing freeway improvement strategies for the SR57/60
Confluence Area
Amendment No. 2 is being requested to continue SR57/60 Support Services for the
remainder of the fiscal year in the amount of $15,000 which will increase the total
contract amount to $84,000 for Fiscal Year 2016 -2017, exceeding the City Manager’s
authority. The $15,000 was approved with the mid-year budget adjustments by Council
and no additional appropriation will be required. Additionally, the $100,000
authorization will be requested in the operating budget for traffic engineering services in
Fiscal Year 2017-2018 and will not be encumbered until July 1, 2017 after the new fiscal
year budget is approved/adopted by the City Council. This portion of the contract
amendment includes $50,000 for Lemon Ave. Interchange Project Management
Services, additional project management services as assigned for other critical
construction projects involving major traffic impacts and $50,000 for staff support in
developing freeway improvement strategies for the SR57/60 Confluence Area.
Compensation for these traffic and transportation engineering tasks will be billed at a
discounted rates applied to Fehr & Peers standard billing rates as indicated in each
proposal.
PREPARED BY:
Attachments:
1. 6.6.a Amendment No. 2
2. 6.6.b Exhibit A Proposal SR 57-60 Confluence Project FY16-17
3. 6.6.c Exhibit B Proposal SR 57-60 Confluence Project FY17-18
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4. 6.6.d Exhibit C Proposal Lemon Ave Support FY17-18
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1
AMENDMENT NO. 2
TO
CONSULTANT SERVICES AGREEMENT
This Amendment No. 2 to Consultant Services Agreement (“Amendment No. 2”) is
made and entered into as of May 2, 2017, by and between the City of Diamond Bar, a
municipal corporation ( “City”), and Fehr & Peers, (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 October 4, 2016, which is incorporated herein by this reference (the
“Original Agreement”); and
B. The City and the Consultant desire to amend the Original Agreement to
modify, amend and supplement certain portions of the Original Agreement.
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. Revised Scope. The nature and scope of the specific services to be
performed by Consultant are as described in Exh ibits “A-C”, the Consultant’s Proposals
dated April 4, 2017.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the schedule set
forth or as referenced in Exhibits “A-C”. Payment will be made only after submission of
proper invoices in the form specified by City.
4. Integration. This Amendment No. 2 and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede al l negotiations
with respect hereto. This Amendment No. 2 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 o r inconsistency
between the terms and provisions of this Amendment No. 2 and the terms and provisions
of the Original Agreement, the terms and provisions of this Amendment No. 2 shall control.
IN WITNESS hereof, the parties enter into this Amendment No. 2 on the year and
day first above written.
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2
“CONSULTANT” “CITY”
Fehr & Peers CITY OF DIAMOND BAR
By: By:
Printed Name: Jimmy Lin, Mayor
Title:
By: ATTEST:
Printed Name:
Title:
Tommye A. Cribbins, City Clerk
APPROVED AS TO FORM:
David A. DeBerry, City Attorney
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8141 E. Kaiser Boulevard | Suite 110 | Anaheim, CA 92808 | (714) 941-8800 | Fax (949) 859-3209
www.fehrandpeers.com
PROPOSAL
Date: April 4, 2017
To: David Liu, City of Diamond Bar
From: Anna Luo
Subject: Proposal to Provide Professional Services on SR57/60 Confluence Project
P17-1236
Fehr & Peers is pleased to continue to support the City of Diamond Bar in developing freeway
improvement strategies. Similar to the services we provided to the City previously, we will
respond to City’s requests and provide transportation services on a time and materials basis. We
recommend a $15,000 budget amendment through June 2017, which may include the following
services.
Represent the City’s interest in reviewing/guiding the SR57/60 Confluence Project. This
may include reviewing the traffic studies, testing intersection improvements options,
reviewing design plans, and developing improvements strategies.
Assist the City to review and develop local circulation improvements at the Diamond Bar
Boulevard/SR-60 interchange.
Provide assistance at City Council Study Session meetings as needed. This may include
preparing presentation materials and attending the meetings.
Billing Rates
Fehr & Peers will provide services to the City of Diamond Bar on an as -needed basis. A 10%
discount rate will be applied to our standard billing rates (see attached) for this proposal.
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Fehr & Peers reserves the right to change these rates at any time with or without advance notice.
2016-2017
Hourly Billing Rates
Classification Hourly Rate
Principal $205.00 - $325.00
Senior Associate $160.00 - $320.00
Associate $140.00 - $220.00
Senior Engineer/Planner $130.00 - $180.00
Engineer/Planner $105.00 - $145.00
Senior Technical Support $130.00 - $180.00
Senior Administrative Support $105.00 - $145.00
Administrative Support $75.00 - $125.00
Technician $105.00 - $145.00
Intern $90.00 - $100.00
Other Direct Costs / Reimbursable expenses are invoiced at cost plus 10% for handling.
Personal auto mileage is reimbursed at the then current IRS approved rate (54 cents per
mile as of Jan 2016).
Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced at cost
as a percentage of project labor.
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8141 E. Kaiser Boulevard | Suite 110 | Anaheim, CA 92808 | (714) 941-8800 | Fax (949) 859-3209
www.fehrandpeers.com
PROPOSAL
Date: April 4, 2017
To: David Liu, City of Diamond Bar
From: Anna Luo
Subject: Proposal to Provide Professional Services on SR57/60 Confluence Project
P17-1236
Fehr & Peers is pleased to continue to support the City of Diamond Bar in developing freeway
improvement strategies. Similar to the services we provided to the City previously, we will
respond to City’s requests and provide transportation services on a time and materials basis. We
recommend a $50,000 budget amendment for July 2017 through June 2018, which may include
the following services.
Represent the City’s interest in reviewing/guiding the SR57/60 Confluence Project. This
may include reviewing the traffic studies, testing intersection improvements options,
reviewing design plans, and developing improvements strategies.
Assist the City to review and implement local circulation improvements at the Diamond
Bar Boulevard/SR-60 interchange.
Assist the City to develop funding strategies and prepare traffic studies in support of PID
phase for the recommended “missing element” of the SR-57/60 Confluence Project. This
may include developing funding strategies and preparing grant applications, conducting
traffic analysis and preparing technical reports, and attending project meetings with the
City and other stakeholders.
Provide assistance at City Council Study Session meetings as needed. This may include
preparing presentation materials and attending the meetings.
Billing Rates
Fehr & Peers will provide services to the City of Diamond Bar on an as -needed basis. A 10%
discount rate will be applied to our standard billing rates (see attached) for this proposal.
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Fehr & Peers reserves the right to change these rates at any time with or without advance notice.
2016-2017
Hourly Billing Rates
Classification Hourly Rate
Principal $205.00 - $325.00
Senior Associate $160.00 - $320.00
Associate $140.00 - $220.00
Senior Engineer/Planner $130.00 - $180.00
Engineer/Planner $105.00 - $145.00
Senior Technical Support $130.00 - $180.00
Senior Administrative Support $105.00 - $145.00
Administrative Support $75.00 - $125.00
Technician $105.00 - $145.00
Intern $90.00 - $100.00
Other Direct Costs / Reimbursable expenses are invoiced at cost plus 10% for handling.
Personal auto mileage is reimbursed at the then current IRS approved rate (54 cents per
mile as of Jan 2016).
Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced at cost
as a percentage of project labor.
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8141 E. Kaiser Boulevard | Suite 110 | Anaheim, CA 92808 | (714) 941-8800 | Fax (949) 859-3209
www.fehrandpeers.com
PROPOSAL
Date: April 4, 2017
To: David Liu, City of Diamond Bar
From: Steve Brown and Anna Luo
Subject: Proposal to Provide Project Support on Lemon Avenue
P17-1235
Fehr & Peers is pleased to continue assisting the City to provide staff augmentation services in
s u p p o r t o f t h e P u b l i c W o r k s D e p a r t m e n t . O u r r o l e i s t o s e r v e a s a n e x t e n s i o n o f s t a f f b y
providing project management and technical traffic engineering support as needed. We
recommend a $50,000 budget amendment for July 2017 through June 2018. Below is a list of the
possible services that we could provide to the City and our billing rates to be applied for these
services.
Scope of Services
Fehr & Peers may provide the following services or similar services as needs arise throughout the
year:
Project Management for the Lemon Avenue Interchange Project, including attendance at
meetings to represent the City, coordination with other stakeholders, and communication
back to City staff
Project Management for CIP projects; including but not limited to the following projects:
o Grand Ave / Golden Springs Dr Intersection Enhancements
o Diamond Bar Blvd Streetscape
Coordination with other stakeholders and attendance at meetings related to ongoing or
upcoming regional projects
Communication with public regarding traffic-related concerns, including receipt of
concern, review of condition, identification of measures if needed to address condition,
and internal and/or external follow-up communication
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David Liu
April 4, 2017
Page 2 of 2
Plan checking of signing and striping, street lighting, traffic signals, ITS and traffic calming
design
Support to other City staff, both internal and external to the Public Works Department, to
answer technical questions or provide guidance
Prepare for, and present at, City Council or Traffic and Transportation Commission
meetings as needed
Billing Rates
Fehr & Peers will provide services to the City of Diamond Bar on an as-needed basis. Discounted
billing rates for the following staff will be applied to this contract:
Steve Brown $205
Anna Luo $180
Our services may be supplemented by other staff, for whom a 10% discount rate will be applied
to our standard billing rates (see attached) for this proposal.
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Fehr & Peers reserves the right to change these rates at any time with or without advance notice.
2016-2017
Hourly Billing Rates
Classification Hourly Rate
Principal $205.00 - $325.00
Senior Associate $160.00 - $320.00
Associate $140.00 - $220.00
Senior Engineer/Planner $130.00 - $180.00
Engineer/Planner $105.00 - $145.00
Senior Technical Support $130.00 - $180.00
Senior Administrative Support $105.00 - $145.00
Administrative Support $75.00 - $125.00
Technician $105.00 - $145.00
Intern $90.00 - $100.00
Other Direct Costs / Reimbursable expenses are invoiced at cost plus 10% for handling.
Personal auto mileage is reimbursed at the then current IRS approved rate (54 cents per
mile as of Jan 2016).
Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced at cost
as a percentage of project labor.
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Agenda #: 6.7
Meeting Date: May 2, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: ADOPT RESOLUTION 2017-XX AMENDING 2016-17 FISCAL YEAR
BUDGET IN THE PARKS AND RECREATION DEPARTMENT.
RECOMMENDATION:
Adopt.
FINANCIAL IMPACT:
Due to offsets resulting from known and expected salary savings, there is no financial
impact in FY 2016-17.
BACKGROUND/DISCUSSION:
Via the adopted FY 2016-17 and 2017-18 Goals & Objectives, the City Council has
made the development and maintenance of a professi onal and effective workforce to
serve the public a priority. The first steps towards implementing this objective
commenced with the adoption of the FY 2016-17 budget in June 2016, where a series
of personnel changes were approved, including the transfer of the parks and facilities
maintenance staff and operations to the Public Works Department. The centralization
of maintenance staff and operations necessitated the renaming of the Community
Services Department to the Parks and Recreation Department. The supervision and
oversight of the Parks and Recreation Department was assigned to the Assistant City
Manager since the former Community Services Director retired in late June 2016.
Since June 2016, the Parks and Recreation’s Department programming, operations and
staffing levels have been examined with an eye toward creating efficiencies and
enhancing service delivery to the public. That review has continued throughout the
fiscal year, and in September 2016, the City Council approved the funding for two
Recreation Supervisor positions and one additional Recreation Specialist position at the
Diamond Bar Center (DBC). This adjustment to the staffing structure created two
function teams: one to serve internal operations at the DBC and the other to focus on
external community programming including City special events, Youth and Adult Sports
and Youth programming (Day Camp, DB4Youth, and Volunteens). There is a current
Recreation Coordinator with a pending retirement date of July 1, 2017. After a review of
job responsibilities, staff is recommending that the position be replaced at the
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Recreation Specialist level with a streamlined focus on Youth programming. The grants
management responsibilities will be transferred to staff in the City Manager’s Office.
If this staffing recommendation is approved by the City Council, the external community
programming team’s staffing level will mirror that of the DBC internal operations team
with one Recreation Supervisor, one Recreation Coordinator and two Recreation
Specialists on each functional team. Due to offsets from vacant positions, there is no
financial impact to the 2016-17 fiscal year budget. Therefore, it is recommended that
the City Council amend the 2016-17 fiscal year budget to authorize the funding of one
additional full-time Recreation Specialist in the Parks and Recreation Department. If
approved by City Council, this action will be effective at the beginning of the next pay
period which is May 13, 2017.
PREPARED BY:
Attachments:
1. 6.7.a Resolution 2017-XX Amending Fiscal Year 2016-17 Budget
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RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR AMENDING THE
FY16-17 MUNICIPAL BUDGET.
WHEREAS, the City Council has adopted Resolution No. 2016-17, A Resolution
of the City Council of the City of Diamond Bar approving and adopting a budget for the
City of Diamond Bar for the Fiscal Year commencing July 1, 2016 and ending June 30,
2017 including maintenance and operations, special funds and capital improvements and
appropriating funds for accounts departments, divisions, object and purposes therein set
forth (herein referred to as the "Budget"); and
WHEREAS, the City Council may choose to amend the Budget from time to time
throughout the fiscal year; and
WHEREAS, the City Council desires to amend the Parks and Recreation
Department’s FY16-17 Annual Budget to include the addition of and funding for
one full-time benefitted Recreation Specialist in the Parks and Recreation
Specialist;
WHEREAS, the Budget Amendment to the Parks and Recreation Department’s
FY 16-17 Annual Budget has been presented to the City Council at a City Council
meeting; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The City Council hereby finds and determines that the FY16-17 Annual Budget
Parks and Recreation Department’s budget be amended to include the addition of and
funding for one full-time benefitted Recreation Specialist.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of May 2017.
_________________________
Jimmy Lin, Mayor
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I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the 2nd day of May, 2017, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
____________________________
Tommye A. Cribbins, City Clerk
City of Diamond Bar
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Agenda #: 6.8
Meeting Date: May 2, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: APPROVAL OF EXONERATION OF SURETY BOND NO 0183110 TO
COMPLETE ROUGH GRADING IMPROVEMENTS AND SURETY BOND
NO. 929598537 TO COMPLETE PUBLIC STREET LIGHTS IMPROVEMENTS
FOR TRACT MAP 72295 (COMMONLY KNOWN AS WILLOW HEIGHTS).
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
This action has no financial impact on the City.
BACKGROUND/ DISCUSSION:
In accordance with Section 66462 of the Subdivision Map Act, the City entered into
agreement with the subdivider, Lennar Homes of California, Inc., to complete various
improvements for Tract Map 72295. The subdivider guaranteed faithful performance of
said agreement by posting with the City surety bonds for rough grading, erosion control,
private storm drain improvements, private street improvements, public street
improvements, sewer improvements, landscape and irrigation, private street lights and
public street lights. Staff has confirmed that the rough grading, erosion control and
public improvements for street lights have been completed and are acceptable to the
City. The subdivider has requested a full exoneration of the rough grading and erosion
control bond and public improvement bond for street lights.
On December 16, 2014, a reduction of 98.28% of the surety bond No. 0183110 to
complete the grading and erosion control improvements was approved by City Council;
and on September 20, 2016, a reduction of 75% of the surety bond No. 929598537 to
complete the public improvements for street lights was approved by City Council. The
attached written exoneration requests from Lennar Homes of California, Inc. were
received on March 24, 2017 for the rough grading/erosion control bond and public street
lights improvements bond. The City’s inspectors have verified that the rough grading
improvements and public street lights improvements have been completed.
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The following surety bonds are recommended for full exoneration:
Surety Bond No. 0183110 in the amount of $54,237.90.
Surety Bond No. 929598537 in the amount of $15,195.75.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.8.a Rough Grading Bond 0183110
2. 6.8.b 72295 Bond Exoneration request for Rough grading and erosion control
3. 6.8.c Public Improvement for Street Lights Bond 929598537
4. 6.8.d 72295 Bond Exoneration request for Public Improvement for Street Lights
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Agenda #: 6.9
Meeting Date: May 2, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: APPROVAL OF CONTRACT AMENDMENT NO. 2 WITH ONWARD
ENGINEERING IN THE AMOUNT OF $15,250 FOR ADDITIONAL
CONSTRUCTION MANAGEMENT SERVICES FOR THE MORNING
CANYON ROADWAY REHABILITATION PROJECT FOR A TOT AL
CONSTRUCTION MANAGEMENT CONTRACT AMOUNT OF $56,490.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
Onward Engineering was awarded a contract in the amount of $70,590.00 with a
contingency of $7,000.00 in FY 2014-15 for design and construction management
services for the Morning Canyon Roadway Rehabilitation Project. In July 2015 Council
approved Amendment No. 1 to Onward Engineering’s design and construction
management contract for an additional $15,970 for a total contract amount of $86,560.
To-date $52,320 has been encumbered for design leaving a balance of $41,240 in the
authorized contract amount.
The FY16-17 CIP budget includes $132,046 of General Funds, $36,053 of TDA funds,
$162,000 of Measure R funds, and 210,000 of CDBG funds to complete the project.
Due to the change of scope based on community input, additional construction
management services are needed. On March 22, 2017, Onward Engineering submitted
an updated proposal to provide the necessary construction management services for a
total amount of $56,490. An additional $15,250 will be required to fully fund Onward
Engineer’s construction management services. This amount is included in the project
budget in the CIP and will not require an appropriation by Council.
BACKGROUND/ DISCUSSION:
Morning Canyon Road is a two-lane residential roadway adversely affected by surface
roots uplifting from existing parkway pine trees from Diamond Bar Boulevard to
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Stonepine Street. The project’s initial design developed construction plans and
specifications to remove the existing Italian Stone Pine Trees along the entire length of
the project scope for a total of sixteen (16) tree removals. The tree roots are responsible
for uplifting and damaging existing sidewalk, curb and gutter, pavement and one catch
basin. This design proposed to reconstruct one catch basin and rehabilitate the roadway
to current standards from Diamond Bar Boulevard to Stonepine Street. Review of the
previous design plan for the roadway rehabilitation by two separate arborists indicated
that complete removal of the trees will be necessary to accommodate the proposed
rehabilitation of the roadway, sidewalk, curb and gutter, and catch basin. The trees were
proposed to be replaced with a tree species with less invasive roots that will reduce
ongoing roadway maintenance related to tree root damage and produce a roadway with
a service life of at least 20 years.
Based on responses received from the public at both the community meeting and
subsequent City Council meetings, the project was redesigned to keep as many trees
as possible while addressing the needed roadway rehabilitation. The project design
now includes a widened parkway to allow the tree roots as much room as feasible to
grow which will ultimately narrow the roadway width and eliminate parking on one side
of the roadway. Catch basin (two each) and curb ramp reconstruction are also included
in the project scope. As a result of the project’s change in scope, the construction
duration is extended from twenty (20) working days to forty-five (45) working days.
Additional construction management services are needed for the completion of the
proposed improvements along Morning Canyon Road.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.9.a CM-Inspection Additional Funding Request 2017-03-22
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2. 6.9.b Contract Amendment #2
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1
AMENDMENT NO. 2
TO
CONSULTANT SERVICES AGREEMENT
This Amendment No. 2 to Consultant Services Agreement (“Amendment No. 2”) is
made and entered into as of May 2, 2017, by and between the City of Diamond Bar, a
municipal corporation ( “City”), and Onward Engineering, (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 February 4, 2014, which is incorporated herein by this reference
(the “Original Agreement”); and
B. The City and the Consultant desire to amend the Original Agreement to
modify, amend and supplement certain portions of the Original Agreement.
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. Revised Scope. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit “A”, the Consultant’s Proposal dated
March 22, 2017.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the schedule set
forth or as referenced in Exhibit “A”. Payment will be made only after submission of proper
invoices in the form specified by City.
4. Integration. This Amendment No. 2 and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede a ll negotiations
with respect hereto. This Amendment No. 2 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 Amendment No. 2 and the terms and provisions
of the Original Agreement, the terms and provisions of this Amendment No. 2 shall control.
IN WITNESS hereof, the parties enter into this Amendment No. 2 on the year and
day first above written.
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2
“CONSULTANT” “CITY”
Onward Engineering CITY OF DIAMOND BAR
By: By:
Printed Name: Jimmy Lin, Mayor
Title:
By: ATTEST:
Printed Name:
Title:
Tommye A. Cribbins, City Clerk
APPROVED AS TO FORM:
David A. DeBerry, City Attorney
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Agenda #: 6.10
Meeting Date: May 2, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: ADOPT ORDINANCE NO. 03(2017) OF THE CITY OF DIAMOND BAR
AMENDING DIAMOND BAR MUNICIPAL CODE SECTION 21.03.030 OF
TITLE 21 (SUBDIVISIONS) AND TITLE 22 (“DEVELOPMENT CODE”) IN
ORDER TO COMPLY WITH RECENTLY-ENACTED STATE REGULATIONS
PERTAINING TO ACCESSORY DWELLING UNITS (ADUS): 22.08.030,
22.16.140, 22.42.060, 22.42.110, 22.42.120, 22.68.030 AND 22.80.020.
RECOMMENDATION:
Approve for Second Reading by Title only, Waive full reading of Ordinance No.
03(2017) and adopt.
FINANCIAL IMPACT:
None.
BACKGROUND:
On April 18, 2017, the City Council conducted a public hearing and approved for first
reading Ordinance No. 03(2017), which amends Titles 21 and 22 of the Municipal Code
to enable the City to regulate accessory dwelling units (ADUs) in a manner consistent
with recent State legislation.
The Council approved the first reading by a 5-0 vote.
PREPARED BY:
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Attachments:
1. 6.10.a City Council Staff Report Dated April 18, 2017
2. 6.10.b Ordinance No. 03(2017)
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Agenda #: 7.2
Meeting Date: April 18, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: ORDINANCE NO. XX(2017) OF THE CITY OF DIAMOND BAR AMENDING
DIAMOND BAR MUNICIPAL CODE SECTION 21.03.030 OF TITLE 21
(SUBDIVISIONS) AND TITLE 22 (“DEVELOPMENT CODE”) IN ORDER TO
COMPLY WITH RECENTLY-ENACTED STATE REGULATIONS
PERTAINING TO ACCESSORY DWELLING UNITS (ADUS): 22.08.030,
22.16.140, 22.42.060, 22.42.110, 22.42.120, 22.68.030 AND 22.80.020.
RECOMMENDATION:
Receive Staff’s report; Open the Public Hearing; Receive public testimony; Close the
Public Hearing; Discuss and Approve for First Reading by title only, waive full reading,
and schedule Second Reading for May 2, 2017.
FINANCIAL IMPACT:
None.
SUMMARY:
The proposed amendments to the Municipal Code are necessary to enable the City to
regulate accessory dwelling units (ADUs) in a manner that is consistent with recent
State legislation. Failure to adopt an ordinance consistent with State law will result in
the City not being able regulate ADUs at all.
BACKGROUND:
Legislative History
An ADU (previously referred to as a “second unit”) is an attached or detached
residential dwelling unit that provides complete independent living facilities for one or
more persons, and which is located on the same parcel as the main residence. The unit
typically includes permanent provisions for living, sleeping, eating, cooking, and
sanitation.
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The California Legislature has long recognized ADUs as a valuable affordable housing
option for single-family neighborhoods, and State law (i.e., Government Code
Sections 65852.150–65852.2) places certain limitations on the City’s authority to
regulate ADUs. Cities may not completely prohibit ADUs within their jurisdictions, but
State law has historically allowed cities to designate areas where ADUs are appropriate
and to impose reasonable parking, height, setback, lot coverage, size, and other
development standards on ADUs, so long as such requirements are not so arbitrary,
excessive, or burdensome so as to unreasonably restrict the ability of homeowners to
create ADUs in zones in which they are authorized. Since 2003, State law has also
required cities to approve ADUs ministerially (i.e., without a hearing).
Consistent with State law, the City of Diamond Bar currently m inisterially permits ADUs
to be constructed in the Rural Residential (RR) and Low Residential (RL) zoning
districts on lots 10,000 square feet or greater, subject to specified development
standards.
In 2016, the State Legislature amended Government Code Sections 65852.150 and
65852.2, significantly revising the ADU laws, as set forth in SB 1069 and AB 2299.
These laws took effect on January 1, 2017, and are intended to address the State’s
housing shortage by easing development restrictions that cities and counties may place
on ADUs. Some changes to the provisions of the City’s Development Code pertaining
to ADUs are necessary to ensure continued consistency with State law. Otherwise, the
City may be prohibited from applying any development standards on A DUs other than
the minimum standards set forth in the amended State law.
Development Code Amendment Process
Before the City Council adopts an ordinance to amend the Development Code, the
Planning Commission must first conduct a public hearing to consider the proposed
amendments. The Commission then forwards its recommendations via a resolution
advising the Council whether or not the proposed amendments should be adopted.
Planning Commission Review
On March 14, 2017, after conducting a duly noticed public hearing, the Planning
Commission recommended, by a 5-0 vote, that the City Council adopt the attached
ordinance amending Title 22. The proposed amendments to the Municipal Code also
include one definition change to Title 21 (Subdivisions). The staff report and meeting
minutes from that meeting are attached to this report.
Comments were raised by the public during the hearing which included concerns about
the consequences of these changes and the impact it may have on the City in terms of
more density, loss of open space, and environmental impacts. In addition to oral
comments, Diamond Bar resident Cynthia “Robin” Smith submitted written comments
into the record, which are included as an attachment to this report.
ANALYSIS
Summary of Changes to State ADU Laws
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Together, AB 2299 and SB 1069 added several new limitations on local agencies’
authority to regulate ADUs. Attachment 4 shows the changes made to Government
Code Sections 65852.150 and 65852.2. Some notable new provisions include, but are
not limited to, the following:
The term “Second Unit” was universally replaced with the term “Accessory Dwelling
Unit”.
Requires a decision on an ADU application to be made within 120 days.
Requires issuance of a building permit for conversion of existing space within a
single-family residence or accessory structure to an ADU, without any restrictions, if
it is within a single-family residential zone, independent exterior access is provided,
and side and rear setbacks are sufficient for fire safety.
Places new limitations on parking requirements local agencies may impose on ADUs
and exempts ADUs meeting specified criteria from all parking requirements.
Prohibits requiring fire sprinklers in an ADU if they are not required for the primary
residence.
Limits setback requirements for existing garages and other spaces converted into
ADUs.
Prohibits requiring “passageways” from the street to the entrance of an ADU.
Places new limitations on requiring separate utility connections for certain ADUs and
the amount of utility connection fees and capacity charges cities may charge in
conjunction with development of an ADU.
Notwithstanding these significant statutory changes to the State ADU law, cities still
retain some discretion in regulating ADUs, provided they update their ADU ordinances
to be consistent with the new State law. The proposed Code amendments described
below are intended to implement the newly amended State law regarding the permitting
and development of ADUs so as not to unreasonably restrict the creat ion of ADUs in
designated residential zones, while continuing to ensure that new ADUs are compatible
with the neighborhoods in which they are located, do not unreasonably impact utilities,
parks, open spaces and other community facilities, and do not downg rade the living
environment of the City.
Proposed Municipal Code Amendment (Title 21 – Subdivisions)
Section 21.03.030 (Exemptions from subdivision approval requirements)
The only proposed change to the Municipal Code in this section is the definition f rom
“second units” to “accessory dwelling units” for consistency purposes.
Proposed Development Code Amendments (Title 22 – Development Code)
Section 22.08.030 (Table 2-3) – Residential zoning district land uses and permit
requirements
The land use table is proposed to be amended to allow ADUs in all residential zones.
Previously, ADUs were only allowed in the Rural Residential (RR) and Low Residential
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(RL) zoning districts.
Section 22.16.140 – Second kitchen and Section 22.42.060 (a)(2) – Guest houses
The only proposed changes to the Development Code in the sections above is the
definition from “second units” to “accessory dwelling units” for consistency purposes.
Section 22.42.110 (Table 3-15) – Residential accessory uses and structures
The proposed changes to the setback requirements for detached accessory structures
include a provision that if the structure is less than 220 square feet, the setback
requirement is 5 feet from property line or buildable pad line. If the structure is 220
square feet or larger, setbacks shall be the same as required for the main structure.
This provision was included to prevent situations where a detached accessory structure
is constructed and is later converted to an ADU that does not meet setback
requirements. The 220 square-foot threshold is based on the minimum floor area
requirement for ADUs (see “efficiency unit” definition in the attached ordinance).
Section 22.42.120 – Second units
This section has been revised to conform to State law. Major c hanges include:
Changing the term from “second units” to “accessory dwelling units (ADUs).”
Requiring parking to be waived under certain circumstances.
Allowing reduced setbacks under certain circumstances for converted garage units.
Limiting fees for utility connections and related capacity charges.
Waiving requirements for fire sprinklers if they are not required for the main
residence.
Establishing a maximum of 120 days to review an application for an ADU.
Requiring ministerial, nondiscretionary approval within 120 days.
With respect to the construction of attached or detached ADUs, local agencies may
impose minimum lot size requirements, provided that they do not unreasonably curtail
the potential for such construction. The Development Code currently allows ADUs on
residential parcels with a minimum lot size of 10,000 square feet, a minimum buildable
pad area of 8,000 square feet, a minimum lot width of 50 feet and a minimum lot depth
of 100 feet. Staff recommends preserving these minimum requirements because there
is a substantial inventory of residential parcels in Diamond Bar that meet these
requirements: there are currently 14,310 parcels that are zoned Low/Medium (RLM),
Low (RL), and Rural (RR) Residential, out of which 5,358 lots that are at least 10,000
square feet in size (i.e., 37.4%, or nearly four in ten). Attachment 6 is a map that
displays where these parcels are located within the City.
Section 22.68.030 - Restrictions on nonconforming structures
This section is proposed to be amended to streamline the p rocess for additions to
nonconforming structures. Currently, the Code requires a Minor Conditional Use Permit
(MCUP) for upper-story additions or additions that are over 50 percent of the existing
square footage to a nonconforming residence. With the revised language, if the upper-
story addition to a nonconforming residence meets current setback and building
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separation standards, an MCUP will not be required. The proposed change is aimed at
eliminating the MCUP requirement, under most situations, for add itions to
nonconforming residential structures that include ADUs.
Section 22.80.020 – Definitions of specialized terms and phrases
A definition for the terms “accessory dwelling unit” and “efficiency unit” is proposed to be
added. The terms “granny flat,” “secondary residential units” and “second units” are
proposed to be removed from the definitions so that the terminology aligns with State
law.
Effect of ADU Regulations on Private CC&Rs
The revisions to State law apply only to cities and counties, an d do not, at this point,
affect provisions in CC&Rs that would prohibit second units. In other words, if a
homeowners association’s CC&Rs restrict or prohibit second units, those CC&Rs would
still be enforceable by the HOA residents. The City’s ordinance does not in any way
preempt such restrictions or prohibitions.
ENVIRONMENTAL REVIEW:
The City has determined that the proposed Municipal Code Amendment is not subject
to the California Environmental Quality Act (“CEQA”) because the proposed Municipal
Code Amendment implements Section 65852.2 of the Government Code, and pursuant
to Section 21080.17 of the California Public Resources Code, CEQA does not apply to
the adoption of an ordinance by a city or county to implement the provisions of Section
65852.2 of the Government Code; it can be seen with certainty that the proposed
Municipal Code Amendment will not result in a direct or reasonably foreseeable indirect
physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines); this
Ordinance is covered by the general rule that CEQA applies only to projects that have
the potential for causing a significant effect on the environment (Section 15061(b)(3) of
the CEQA Guidelines) and does not apply to organizational or administrative activities
of governments that will not result in direct or indirect physical changes in the
environment (Section 15378(b)(5) of the CEQA Guidelines); and the proposed
Municipal Code Amendments pertain to the regulation of activities that are themselves
categorically exempt from CEQA pursuant to Sections 15301 (alterations of existing
facilities, including additions) and 15303 (new construction of small structures, including
second units) of the CEQA Guidelines.
NOTICE OF PUBLIC HEARING:
Notice for this hearing was published in the Inland Valley Daily Tribune and San Gabriel
Valley Tribune newspapers on April 7, 2017, in a 1/8 page display. Pursuant to
Planning and Zoning Law Government Code Section 65091(a)(4), if the number of
property owners to whom a public hearing notice would be mailed is greater than 1,000,
a local agency may provide notice by placing a display advertisement of at least 1/8
page in one newspaper of general circulation. A copy of the public notice was also
posted at the City’s three designated community posting sites.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. Draft Ordinance No. XX (2017) (Title 21 - Subdivisions & Title 22 - Development
Code)
2. Planning Commission Staff Report (attachments not included) Dated March 14,
2017
3. Planning Commission Meeting Minutes Dated March 14, 2017
4. Blackline of Amendments to State ADU Law
5. Planning Commission Resolution No. 2017-06
6. Map of Parcels Over 10,000 Square Feet
7. Written Comments from Cynthia “Robin” Smith Dated March 14, 2017
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ORDINANCE NO. 03(2017 )
AN ORDI N ANCE OF THE CITY OF DIAMOND BAR
AMENDING SECTIONS 21.03.030, 22.08.030, 22.16.140,
22.42.060, 22.42.110, 22.42.120, 22.68.030, AND 22.80.020
OF TITLES 21 AND 22 OF THE DIAMOND BAR
MUNICIPAL CODE PERTAINING TO THE
REGULATION OF ACCESSORY DWELLING UNITS .
WHEREAS, on March 14, 2017, the Planning Commission held a duly noticed
public hearing regarding proposed amendments to the Development Code pertaining to
accessory dwelling units, Planning Case No. PL 2016-198, and adopted Resolution No.
2017-06 recommending City Council approval of said Development Code Amendments;
and
WHEREAS, on April 18, 2017, the City Council held a duly noticed public hearing
regarding the proposed Municipal Code Amendment; and
WHEREAS, the City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (“CEQA”) because the proposed Municipal Code
Amendment implements Section 65852.2 of the Government Code, and pursuant to
Section 21080.17 of the California Public Resources Code, CEQA does not apply to the
adoption of an ordinance by a city or county to implement the provisions of Section
65852.2 of the Government Code; it can be seen with certainty that the proposed
Municipal Code Amendment will not result in a direct or reasonably foreseeable indirect
physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines); this
Ordinance is covered by the general rule that CEQA applies only to projects that have the
potential for causing a significant effect on the environment (Section 15061(b)(3) of the
CEQA Guidelines) and does not apply to organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the environment
(Section 15378(b)(5) of the CEQA Guidelines); and the proposed Municipal Code
Amendments pertain to the regulation of activities that are themselves categorically
exempt from CEQA pursuant to Sections 15301 (alterations of existing facilities, including
additions) and 15303 (new construction of small structures, including second units) of the
CEQA Guidelines; and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2017-06, a copy of which is on file with the City
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full.
NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains
as follows:
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SECTION 1: Subsection (11) of Section 21.03.030 (Exemptions from
subdivision approval requirements) of Title 21, Chapter 21.03 of the Diamond Bar
Municipal Code is amended as follows:
(11) Residential financing or leases. The financing or leasing of: Apartments, or
similar spaces within apartment buildings, mobile home parks or trailer parks; or
accessory dwelling units in compliance with Government Code §§ 65852.1 or 65852.2,
respectively.
SECTION 2: Table 2-3 of Section 22.08.030 (Residential zoning district
land uses and permit requirements) of Title 22, Chapter 22.08 of the Diamond Bar
Municipal Code is amended as follows:
TABLE 2-3
ALLOWED USES AND PERMIT REQUIREMENTS FOR
RESIDENTIAL ZONING DISTRICTS
Permit Requirements by District
Land Use (1) RR RL RLM RM RMH RH RH-30
See
Standards in
Section:
Accessory
uses and structures P P P P P P P 22.42.110
Accessory dwelling units P P P P P P P 22.42.120
SECTION 3: Section 22.16.140 (Second Kitchen) of Title 22, Chapter
22.42 of the Diamond Bar Municipal Code is amended as follows:
Second kitchens shall be permitted within the rural residential (RR) zone in
single-family residences that are a minimum of 6,000 square feet in floor area . A second
kitchen shall not constitute approval of an accessory dwelling unit and such kitchen shall
not be so located as to facilitate the establishment of the accessory dwelling unit
including a servant's quarters.
SECTION 4: Subsection (2)(a) of Section 22.42.060 (Guest Houses) of
Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows:
a. Number. A guest house shall not be permitted on any parcel for which an
accessory dwelling unit has been permitted.
SECTION 5: Table 3-15 of Section 22.42.110 (Residential accessory uses
and structures) of Title 22, Chapter 22.42 of the Diamond Bar Munici pal Code is
amended as follows:
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TABLE 3-15
REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES
Single-Family Detached Homes
Accessory Structure Type of
Setback1 Required Setback2
Detached patio cover,
gazebo, greenhouse,
storage shed
Sides, rear
Street side
If less than 220 square feet, 5 feet from property
line or buildable pad line. If 220 square feet or
larger, setbacks shall be the same as required
for main structure
As required for main structure
SECTION 6: Section 22.42.120 (Second Units) of Title 22, Chapter 22.42
of the Diamond Bar Municipal Code is amended as follows:
Sec. 22.42.120. - Accessory dwelling units.
The purpose of this section is to implement state law regarding the permitting and
development of accessory dwelling units so as not to unreasonably restrict the creation
of accessory dwelling units in designated residential zones, while ensuring that new
accessory dwelling units are compatible with the neighborhoods in which they are located,
do not unreasonably impact utilities, parks, open spaces and other community facilities,
and do not downgrade the living environment in the city. This section provides standards
for the establishment of accessory dwelling units.
(1) [Designated zoning districts.] Accessory dwelling units shall be allowed in the
zoning districts specified in section 22.08.030 (residential district land uses and
permit requirements) subject to the approval of the director as provided in this
section.
(2) Number of units allowed. Only one accessory dwelling unit shall be allowed on a
legal residential parcel. A residential parcel shall not be allowed to have both an
accessory dwelling unit and a guest house.
(3) Site requirements. The parcel proposed for an accessory dwelling unit shall
comply with all the following requirements:
a. The parcel shall have a minimum area of 10,000 gross square feet and a
minimum buildable pad area of 8,000 square feet, a minimum width of 50 feet
and a minimum depth of 100 feet; and
b. The parcel shall be zoned for single-family or multi-family use and shall be
developed with not more than one single -family primary residence. The
owner of the parcel must live in the primary residence or the accessory
dwelling unit, and shall demonstrate such occupancy to the satisfaction of the
city prior to issuance of permits. If, at any time, the owner ceases to occupy
either the primary residence or the accessory dwelling unit, the accessory
dwelling unit shall automatically become a non-habitable space, shall not be
used as a dwelling, and shall not be rented.
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c. Exception. Accessory dwelling units that meet all of the following criteria shall
be permitted in all single-family residential zones, regardless of lot size:
i. The accessory dwelling unit is contained within a legally constructed
existing space of a single-family residence or accessory structure
(including a garage);
ii. There is independent exterior access from the existing residence;
iii. The side and rear setbacks are sufficient for fire safety;
iv. All applicable building and safety codes are met; and
v. Only one accessory dwelling unit will exist on the parcel.
(4) Location of accessory dwelling unit. An accessory dwelling unit may be within,
attached to, or detached from the existing primary residence. If detached, the
accessory dwelling unit shall be located within the rear portion of the subject
parcel and shall be separated from the existing primary residence a minimum of
ten feet. If attached to or within the primary residence, a separated entrance shall
be provided and said entrance shall not be located on the front of the primary
residential structure or facing the street on which the primary residence fronts.
(5) If the accessory dwelling unit is detached, the total floor area of the structure shall
not exceed the allowable floor area of an accessory dwelling unit.
(6) The following standards apply to all attached or de tached accessory dwelling
units, except for accessory dwelling units meeting the requirements of subsection
22.42.120(3)(c):
a. The increased floor area of an accessory dwelling unit shall not exceed 600
gross square feet in floor area or 50 percent of the living area of the primary
residence, whichever is less, if located on a parcel that is between 10,000
and 20,000 gross square feet with a minimum buildable pad area of 8,000
square feet and has a minimum width of 50 feet and a minimum depth of 100
feet;
b. The increased floor area of an accessory dwelling unit shall not exceed 1,200
square feet in gross floor area or 50 percent of the living area of the primary
residence, whichever is less, if located on a parcel that is over 20,000 gross
square feet with a minimum 10,000 square feet buildable pad area;
c. An accessory dwelling unit shall match the architectural style and design
features of the primary residence, such as but not limited to:
i. Exterior finishes: Materials, colors, surface treatments and details;
ii. Roofing: Type, pitch and materials;
iii. Scale and form; and
iv. Windows: Type, forms, and dimensional ratios.
d. An accessory dwelling unit shall utilize the same setback requirements as the
primary residence; not exceed one story or 15 feet in height as measured
from the finished grade to highest area of the roofline; not exceed the
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maximum lot coverage permitted in the zone where the subject lot is locate d;
and the design of the accessory dwelling unit shall not change the character
of the surrounding residential neighborhood;
e. An accessory dwelling unit shall contain separate kitchen and bathroom
facilities and have a separate entrance from the primary residence;
f. An accessory dwelling unit shall contain no more than two bedrooms;
g. An efficiency unit must have a minimum floor area of 220 square feet and
shall comply with building requirements pursuant to the California Building
Code 1208.4 and California Residential Code R304.5;
h. No passageway is required in conjunction with the construction of an
accessory dwelling unit. “Passageway” means a pathway that is
unobstructed clear to the sky and extends from a street to one entrance of
the accessory dwelling unit;
i. No setback shall be required for an existing garage that is converted to an
accessory dwelling unit;
j. The accessory dwelling unit shall comply with all applicable building code
requirements that apply to detached dwellings; and
k. Fire sprinklers shall not be required for such an accessory dwelling unit if they
are not required for the primary residence.
(7) Parking.
a. One off-street parking space shall be provided for the accessory dwelling unit, in
addition to the required and existing parking provided for the primary residence.
Said parking space shall be accessible from the existing driveway approach and
may be provided as tandem parking on the existing driveway or in setback areas.
An existing driveway may be widened to accommodate the one off-street parking
space pursuant to section 22.30.080.
b. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit, and those off -
street parking spaces are required to be replaced pursuant to Chapter 22.30, the
replacement spaces may be located in any configuration on the same lot as the
accessory dwelling unit, including, but not limited to, as covered spaces,
uncovered spaces, tandem spaces, or by the use of mechani cal automobile
parking lifts.
c. Exceptions. Additional parking for an accessory dwelling unit shall not be
required if the following conditions apply:
i. The accessory dwelling unit is located within one-half mile of a permanent
transit stop, including, but not limited to, a park and ride facility or bus stop
regularly operating with a headway of fifteen minutes or less.
ii. The accessory dwelling unit is located within an architecturally and
historically significant historic district.
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iii. The accessory dwelling unit is part of the existing primary residence or an
existing accessory structure.
iv. When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
v. When there is a designated car share vehicle parking space located within
one block of the accessory dwelling unit.
(8) Rental of accessory dwelling units. An accessory dwelling unit may be rented,
although rental is not required. Any rental term of an accessory dwelling unit that
is legally created on or after June 1, 2017 shall be longer than 30 days.
(9) Sale or subdivision of an accessory dwelling unit. An accessory dwelling unit shall
not be sold or owned separately from the primary residence, and the parcel shall
not be subdivided in any manner that would authorize such separate sale or
ownership.
(10)Utilities. Utilities serving the accessory dwelling unit (e.g., electricity, gas, sewer,
and water) shall be common to and depen dent on the primary residence. The
accessory dwelling unit shall not be provided with separate metered utilities,
unless otherwise required by applicable building, fire or electrical code provisions .
Furthermore and prior to the issuance of any city permit s, the property owner
shall submit written certification from the affected water and sewer district that
adequate water and sewer facilities are or will be available to serve the proposed
accessory dwelling unit. For units using septic facilities allowed by the California
Regional Water Quality Control Board and the city, written certification of
acceptability and approval by the local health officer shall be submitted.
Accessory dwelling units shall not be considered new residential uses for the
purposes of calculating connection fees or capacity charges for utilities, including
water and sewer service.
(11) Ministerial approval. The director shall approve an application for an accessory
dwelling unit if a complete application is submitted that demonstrate s that the
accessory dwelling unit complies with the requirements contained in this section.
The application shall be considered ministerially without discretionary review or
a hearing within 120 days after receiving the application.
(12) Recorded covenant. Prior to the issuance of a building permit for an accessory
dwelling unit, the property owner(s) shall record a covenant agreement,
declaration of restrictions, or similar document, in a form acceptable to the
director and the City Attorney, that runs with the land and is binding on future
owners, and which contains restrictions conforming to this section regarding
owner-occupancy, separate sale or subdivision, short-term rental, and the size
and attributes of the accessory dwelling unit.
SECTION 7: Subsection (b) of Section 22.68.030 (Restrictions on
nonconforming structures) of Title 22, Chapter 22.68 of the Diamond Bar Munici pal Code
is amended as follows:
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(b) Changes to, or expansion of, a structure. The addition, enlargement, extension,
reconstruction, relocation or structural alteration of a nonconforming structure,
may be allowed with minor conditional use permit approval, in compliance with
chapter 22.56, (Minor Conditional Use Permits). The hearing officer may approve
a minor conditional use permit only if the following findings can be made, in
addition to those contained in section 22.56.040 (Findings and decision).
In the case of residential dwelling units with nonconforming setbacks or distance
separations to dwelling units on adjoining parcels, a minor conditional use permit
shall not be required if the proposed change or expansion meets the following
criteria:
(1) The addition or improvement conforms to all other applicable provisions of
this Development Code; and
(2) An addition to the first floor (i.e., the floor level closest in elevation to the
adjacent street grade) or lower levels may have the same setbacks as the
adjoining portion of the existing structure; however, if the existing adjoining
setback is less than five feet, the exterior limits of new construction shall
maintain a minimum five-foot setback.
SECTION 8: Section 22.80.020 (Definitions of specialized terms and
phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as
follows to add a new definition for “accessory dwelling unit” as well as for an “efficiency
unit” and to delete the definition of “granny flat,” “secondary residential units” and “second
unit”:
(a) Definitions, “A.” The following definitions are in alphabetical o rder:
. . .
Accessory dwelling unit. An attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitat ion on the same
parcel as the single-family dwelling is situated. An accessory dwelling unit also includes
an “efficiency unit” as defined in California Health and Safety Code Section 17958.1 and
a “manufactured home” as defined in California Health and Safety Code Section 18007.”
. . .
(e) Definitions, “E.” The following definitions are in alphabetical order:
. . .
Efficiency unit. A unit for residential occupancy by no more than two persons, by
statute (Health and Safety Code Section 17958.1), with a minimum floor area of 220
square feet with a partial kitchen and bathroom facilities.
. . .
SECTION 9: If any section, subdivision, paragraph, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
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Council hereby declares that it would have passed this Ordinance, and each section,
subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the f act that
any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been
declared invalid or unconstitutional.
SECTION 10: The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause a certified copy of this Ordinance to be posted within
fifteen (15) days after this Ordinance is passed and adopted, in the Office of the City
Clerk and two additional public places, together with the vote for and against the same.
ADOPTED this 2nd day of May, 2017.
Jimmy Lin, Mayor
ATTEST: APPROVED AS TO FORM:
Tommye Cribbins, City Clerk David DeBerry, City Attorney
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 2nd day of May, 2017, and was duly passed and adopted the same
day, by the following vote, to wit:
AYES: Council Member:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
ATTEST: _____________________________________
Tommye Cribbins, City Clerk
City of Diamond Bar
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Agenda #: 7.1
Meeting Date: May 2, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: ADOPT RESOLUTION 2017-XX, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING A
SCHEDULE OF RATES, FEES, AND CHARGES FOR COMMUNITY
DEVELOPMENT SERVICES AND ADMINISTRATIVE / MISCELLANEOUS
SERVICES FOR OF THE CITY OF DIAMOND BAR. (CONTINUED FROM
APRIL 18, 2017).
RECOMMENDATION:
Receive Staff’s presentation; Open the Public Hearing; Receive Testimony; Close the
Public Hearing, Discuss; and, Adopt Resolution 2017-XX instituting a full-cost recovery
model for Community Development Services and Administrative/Miscellaneous Fees,
and apply an annual Consumer Price Index (CPI) increase (based on Federal Urban
Wage Earners & Clerical Workers - LA/OC from March-to-March guidelines, starting on
July 1, 2018) to ensure rates remain current with the City’s cost of providing services.
FINANCIAL IMPACT:
Adoption of the full cost recovery model for personal choice services would present the
City an estimated subsidy reduction in the general fund of $652,675 in FY 17 -18. The
general fund subsidy reduction in future years would be impacted by the amount of
development, projects, and permits issued.
BACKGROUND:
The City of Diamond Bar provides customer service-focused and cost-effective
municipal services to the public. These services can be classified as community
supported services or personal choice services. Community supported services have an
implicit rationale for subsidization based on overall community welfare, such as social
and safety services like parks and public safety, and are generally funded with taxes.
Personal choice services, on the other hand, are those provided directly to individuals
for their personal benefit and based upon personal choices, such as building permits
and facility rentals. The cost recovery model is based on the philosophy that the cost of
providing personal choice services should be primarily borne by the individual receiving
the benefit, rather than be subsidized by a taxpayer who does not receive any direct
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benefit from the service.
Cities customarily perform fee study updates at regular intervals to determine if fees are
in line with operating costs and to make policy decisions to determine the appro priate
level of subsidy, if any. The City’s most recent analysis was performed in 2009, which
resulted in the City Council adopting a three year phased fee increase plus an annual
Consumer Price Index (CPI) adjustment each fiscal year thereafter. The fees currently
being charged do not result in full cost recovery, and the majority of personal choice
services remain subsidized today by taxpayers.
DISCUSSION:
In 2016, the City Manager authorized Revenue Cost Specialists (RCS) to perform a
comprehensive user fee study for a total not-to-exceed cost of $26,000. RCS is an
expert in the field of cost analysis, completing comprehensive fee studies that provide a
documented and systematic approach to managing fees and maintaining long -term
financial sustainability for cities across the state. The RCS report was commissioned
with the following goals in mind:
1. Conduct a cost and revenue analysis to determine the fully-burdened cost of
personal choice services, including all direct and indirect costs, and identify
subsidies.
2. Identify the beneficiary of City services to determine if the recipient is paying in
relationship to the benefits derived or if the service has community benefits and
is deserving of subsidy.
3. Develop a legally defensible baseline for calculating personal services fees under
the “costs reasonably borne” test under Article XIIB of the California Constitution.
The test provides that the City is entitled to collect fees for personal choice
services which are reasonably estimated to recover all applicable direct and
indirect costs of providing the service as established in the study. While the City
may charge less than the cost of providing the service, it will result in a taxpayer
subsidization of that service.
4. Recommend fee and policy adjustments to ensure the City’s long-term financial
health and ability to maintain service levels.
To develop the report and meet these goals, RCS conducted extensive interviews
across departments over a period of months, establishing time and volume data for
each service while compiling associated overhead costs (personnel/consultants, facility
costs, maintenance, equipment and supplies, other administrative overhead, etc.). This
complete approach provides a more accurate reflection of the true cost of each service
than would a standardized blended hourly personnel rate.
The results of the study show that full costs of delivering personal choice services
exceed the fees being collected on an annual basis in all service centers (Development
Services, Parks & Recreation, & Administrative/Miscellaneous Services). This means
that tax dollars are being diverted to subsidize the difference between fees collected
and the full business costs incurred to provide the service.
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Acknowledging the extensive amount of services provided and complexity of the policy
matters related to the fee study, staff will present recommendations for Parks &
Recreation to the City Council at a future meeting. This report focuses only on the
results for Development and Administrative/Miscellaneous Services.
Development Services are classified as those services provided by the Community
Development and Public Works Departments, specifically under the Building & Safety,
Engineering, and Planning Divisions. Specific services include development, plot plan,
and environmental reviews, plan checks and inspections, and various permits (building,
grading, CUP/TUP, encroachment, etc.), among many others. These personal choice
services mainly benefit developers or property owners who are making improvements to
their property, which costs would not otherwise be borne by the City. In FY 2015 -16, the
City’s Development Services fees were subsidized by 38.3%, for a total taxpayer
subsidy of $917,534.
Administrative/Miscellaneous Services include a variety of ser vices not classified under
the City’s other service centers. These include various permits (film, self -haul, parking,
etc.), false alarm billing, and NSF check fees, among others. Like Development
Services outlined above, these personal choice services benefit or are otherwise the
result of individual action and would not otherwise be borne by the City. In FY 2015 -16,
the City’s Administrative/Miscellaneous Services fees were subsidized by 14.2%, for a
total taxpayer subsidy of $25,493. It should be noted t hat reductions are proposed for
any fees found in the study to be exceeding the estimated costs.
ANALYSIS:
The City Council has a 28-year history of prudent fiscal management, resulting in
balanced budgets and significant reserves, even in the midst of th e 2008 national
economic recession. To maintain this strong foundation as the City matures, it is
recommended that the City Council enact a fee recovery policy that protects long-term
financial sustainability and the City’s limited revenue sources. As a primarily built-out
bedroom community, the City’s relatively limited commercial development does not
generate significant sales and transient occupancy tax revenues, which is often the
leading revenue source in other communities. Furthermore, the City’s 5.9% share of
the County property tax pool is among the lowest in the County, offering little cushion to
absorb subsidies over time.
These facts highlight the need to maintain strategic fiscal management and reduce the
subsidies from the City’s limited tax base, so those monies can be used to pay for
services with community-wide benefits. As costs increase over time, without an
increase in fees the City’s tax subsidies for personal choice services will also increase
and potentially impact service levels for community supported services. Additionally,
the City’s costs of providing services has increased significantly since the City’s
previous fee study in 2010 and is expected to continue to increase in the future at or
above the annual Consumer Price Index. To better account for the City’s ongoing
business costs, including annual increases in CPI, it is appropriate to make
adjustments to fees for those services.
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Therefore, staff recommends that the City Council move to eliminate tax subsidies for
personal choice services in the Community Development Services (Exhibit A) and
Administrative/Miscellaneous Services (Exhibit B) categories, with some minor
exceptions as noted in the attached matrices. Approval of this recommendation would
result in a conservatively estimated subsidy reduction of $652,675.
To provide additional context to the discussion, staff has included the following
examples.
Example 1: Business License Fees
The vast majority of California cities require licensing for all businesses. This regulatory
permit provides a check to ensure all businesses within the city limits are in compliance
with local zoning requirements and city ordinances. Many cities base business license
fees on gross receipts, generating significant annual revenues to the City. The current
license fee of $11 is heavily subsidized as shown below.
Business License
Current Proposed Change
Business License Fee $11.00 $38.00 $27.00
Renewal Fee $11.00 $17.00 $6.00
Example 2: Water Heater/Dishwasher Permit
A water heater/dishwasher installation permit is a common building and safety
plumbing inspection/permitting service. The permit fee is made up of the following
components, as follows:
Water Heater/Dishwasher Permit
Component Current Proposed Change
Plumbing Inspection Fee $61.62 $53.68 -$7.94
Permit Fee $36.12 $43.34 $7.22
Retention Fee $2.00 $4.85 $2.85
Total $99.74 $101.87 $2.13
Example 3: Reroof (2,200 square feet)
Reroofing permits and inspections are common services requested by homeowners.
The total permit fee is made up of the following components, as follows:
Reroof (2,200 square feet)
Component Current Proposed Change
Construction Inspection Fee $192.22 $230.68 $38.47
Permit Fee $36.12 $43.34 $7.22
Retention Fee $2.00 $13.70 $12.70
SMIP (State Fee) $2.00 $2.00 $0.00
BASF (State Fee) $1.00 $1.00 $0.00
Total $233.34 $290.72 $57.38
Example 4: Electrical Panel Upgrade (200)
This example shows the proposed change in cost for an electric al permit and
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inspection.
Electrical Panel Upgrade (200)
Component Current Proposed Change
Electrical Inspection Fee $72.28 $87.90 $15.62
Permit Fee $36.12 $43.34 $7.22
Retention Fee $2.00 $6.56 $4.56
Total $110.40 $137.80 $27.40
Example 5: Solar Plan Check/Inspection (7.56kW roof system)
More and more homeowners are choosing to install rooftop solar generating systems
on their properties to reduce energy costs and produce clean energy.
Solar Plan Check/Inspection (7.56kW roof system m)
Category Current Proposed Change
Single Family Residence $500.00
(+ $15 per kW)
$305.00 -$195.00
Commercial Structure $1,000.00
(+ $7 per kW)
$1,050.00
(+$5 per kW)
$50.00
Example 6: Streamlined Plot Plan Review
This is a service reviews design and code/zoning compliance for a project with an
addition of 300-500 square feet. This service requires significant staff processing time
(nearly four hours on average) and is currently highly subsidized. To reduce costs to
homeowners in the future, this service has been separated from a standard plot plan
review that carries a higher fee (they are currently bundled with standard/larger plot
plans).
Streamlined Plot Plan Review
Current Proposed Change
$245.62 $590.00 $344.38
Example 7: Plot Plan Review
This service reviews design and code/zoning compliance for more significant projects
such as a new second story or an addition not more than 50% of the existing square
feet. This service requires significant staff processing time (more than 10 hours on
average) and is currently highly subsidized.
Plot Plan Review
Current Proposed Change
$245.62 $1,670 $344.38
Example 8: NSF Check Processing (Administrative/Miscellaneous Services example)
This service is for processing an insufficient funds check.
NSF Check Processing
Current Proposed Change
$15.00 per check $46.00 per check $31.00
CONCLUSION:
Since incorporation, the City Council has demonstrated a long-term strategic focus that
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not only ensures prudent fiscal management and significant reserves, but a policy that
protects long-term financial sustainability and diversification of the City’s revenue
sources. The protection of general fund revenues has been accomplished through
evaluation of existing budgets and making reductions where appropriate, investing
reserves into projects that provide ongoing cost savings, and funding analysis such as
this study under consideration that evaluate user fees and ensures that personal choice
services are paid for by the individual users benefitting from the service. To that end, it
is recommended that the City Council adopt a full-cost recovery model for Community
Development Services and Administrative/Miscellaneous Fees, with a Consumer Pric e
Index (CPI) starting on July 1, 2018 to ensure that existing services levels for personal
choice services can be maintained into the foreseeable future. Implementing a full cost
recovery model for Building, Planning, Public Works, and Administration will would
result in a conservatively estimated annual subsidy reduction of $652,675.
PREPARED BY:
Attachments:
1. 7.1.a Development Services Fee Study Resolution 2017 -XX 04.18.2017 - City
Attorney Edits - CLEAN VERSION
2. 7.1.b Building Construction Fee Schedule 2017-18 clean
3. 7.1.c Building Fee Schedule 2017-18 clean
4. 7.1.d Engineering Fee Schedule 2017-18 clean
5. 7.1.e Planning Fee Schedule 2017-18 clean
6. 7.1.f Admin Misc. Fee Schedule 2017-18 clean
7. 7.1.g Fee Study - Version 2
7.1
Packet Pg. 265
RESOLUTION 2017-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES,
AND CHARGES FOR DEVELOPMENT AND ADMINISTRATIVE
SERVICES
A. RECITALS
WHEREAS, the City Council of the City of Diamond Bar has heretofore established
various schedules of rates, fees, and charges for the processing of applications, permits,
and other municipal services; and
WHEREAS, pursuant to the Constitution and state laws of the State of California,
the City of Diamond Bar is authorized to adopt and implement rates, fees, and charges
for municipal services, with the limitation that certain specified rates, fees, and charges
may not exceed the estimated cost of providing such services; and
WHEREAS, California Government Code Section 66017 requires that prior to
adopting new or increased rates, fees, and charges (collectively, "fees") for the filing,
accepting, reviewing, approving, or issuing of an application, permit, or entitlement such
as zoning variances and changes, use permits, building inspections and permits, and
related planning and zoning services (“development fees” sometimes thereinafter) that
the notice and public hearing procedures specific in Government Code Section 66016 be
followed; ; and
WHEREAS, Government Code Section 66016 requires the City to hold at least
one open and public meeting and at least 10 days prior to the meeting make available
the data upon which the new or increased fees are based; and
WHEREAS, Government Code Section 66018 requires that prior to adopting new
or increased fees that notice to be published in accordance with Government Code
Section 6062a, which notice provides the time and place of the meeting and a general
explanation of the matter to be considered;; and
WHEREAS, Pursuant to Government Code Sections 66016-66018, the City
Council conducted and concluded a duly noticed public hearing with respect to thefees;
and
WHEREAS, the City’s fees for various municipal services are in need of
adjustment to better reflect the City's estimated reasonable cost of providing the services;
and
WHEREAS, the City Council desires to implement the fees for various municipal
services provided by the City of Diamond Bar as set forth herein.
7.1.a
Packet Pg. 266
B. RESOLUTION
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Diamond Bar finds and determines as follows:
SECTION 1. That based upon the data, information, and analyses, contained in
the corresponding staff report and attachments and the testimony presented at the
hearing, concerning the rates, fees, and charges described in Exhibit A and Exhibit B,
which are attached hereto and by this reference incorporated herein, the rates, fees, and
charges set forth in said Exhibit A and Exhibit B do not exceed the estimated reasonable
cost of providing the service for which they are levied.
SECTION 2. The rates, fees, and charges set forth in Exhibit A and Exhibit B are
hereby adopted and approved as the rates, fees, and charges for the services identified.
SECTION 3. The rates, fees, and charges set forth in Exhibit A shall be effective
and implemented commencing sixty (60) days from the date of adoption of this
Resolution.
SECTION 4. The rates, fees, and charges set forth in Exhibit B shall be effective
and implemented immediately upon adoption of this Resolution.
SECTION 5. Immediately upon the effective date of the rates, fees, and charges
set forth in Exhibit A and Exhibit B, the previously established rate shall be superseded
by the rates, fees, and charges established in Exhibit A and Exhibit B.
PASSED, APPROVED, AND ADOPTED this 18th day of April, 2017.
________________________
Jimmy Lin, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify
that the foregoing Resolution No. 2017-XX was duly and regularly passed and adopted
by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting
held on the 18th day of April, 2017, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
7.1.a
Packet Pg. 267
ABSTAIN: COUNCILMEMBERS:
____________________________________
Tommye A. Cribbins, City Clerk
City of Diamond Bar
7.1.a
Packet Pg. 268
Exhibit A
CITY OF DIAMOND BAR
COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT
BUILDING & SAFETY DIVISION
BUILDING CONSTRUCTION FEE SCHEDULE 2017-18
ACTION FEE
Permit Valuation Based on ICBO/ICC Valuation
Guidelines & City Ancillary Table
Special Inspector
Per Job Site, Specialty
$35 Per job site per specialty
Additional Plan Review Charges at the fully allocated hourly rates for all
personnel involved plus any outside costs.
After Hours Construction Review $260 Per Application
Alternate Materials / Methods Review $155 Per application or actual costs at the
discretion of the Building Official
Building Appeal $1,555 Per appeal
Building Permit Fees
$54.79
$82.14
$21.22
$16.28
$12.20
$11.99
Total Valuation
$0-$700.00
$701.00-$1,000
Each Additional $1,000 or Fraction
Thereof Up To $25,000
Each Additional $1,000 or Fraction
Thereof Up To $50,000
Each Additional $1,000 or Fraction
Thereof Up To $100,000
Each Additional $1,000 or Fraction
Thereof More Than $100,000
Building Permit Fees Refund Charge 20% of the original fee amount up to $350
maximum
Building Plan Check Fees 85%
$50
Of Building Permit or
Minimum
Duplicate Building Inspection Card $25 Per card
Energy Enforcement
State Mandated
10% of Permit & Plan Check Fee
Extension of Expired Permit $75
$255
Per application - $0 - $100,000
valuation
Per application - $100,001 + valuation
7.1.b
Packet Pg. 269
Exhibit A
Extension of Unexpired Permit $75
$255
Per application - $0 - $100,000
valuation
Per application - $100,001 + valuation
Permit and Plan Check of Unpermitted Work Double Fees
Strong Motion Instrumentation Program
State Fee, Valuation Based
$0.60
$0.60
Residential
Minimum, or .013% of valuation
Commercial & 3-Story + Residential
Minimum, or .028% of valuation
Building Standards Administration Special
Relvolving Fund (BSAF)
State Fee (SB1473), Valuation Based
$1
$2
$3
$4
$1-25,000
$25,000-50,000
$50,000-75,000
$75,000-100,000
Every $25,000 or fraction thereof
above $100,000 add $1
Site Inspection
Site Inspections Not Otherwise Covered by a
Fee
$124.69
Inspection, Group R or M Occupancies $209.40
Occupancy Groups Other Than R or M
$251.29
$335.06
$670.13
$837.67
Floor Area
Less Than 5,000 S.F.
5,001-10,000 S.F.
10,001-100,000 S.F.
Over 100,000 S.F.
Inspection, Repair/Rehab of
Building/Structure Declared Substandard
Regular Building Permit Fee For
Structure
Inspection, Demolition of Building/Structure $155
$390
Per permit – complete demolition
Per permit – partial demolition
Pre-Alt Inspection
Wood Re-Roof Overlay, Pool/Spa Locations
$100 Per inspection
Inspection/Reinspection of Group A, Division
4 Structures
$83.52
Application and Investigation For Relocation,
Building Permit as Required By Chapter 68
$251.29
$502.60
Floor Area
Less Than 2,500 S.F.
2,501+ S.F.
Inspection Outside Normal Business Hours $150 Per hour, 2 hour minimum
Building Records Archiving 5% of all building plan check and permit fees.
Certificate of Occupancy $170 Per certificate
Certificate of Occupancy, Temporary $385 Per application plus any outside costs
Extension of Certificate of Occupancy,
Temporary
$75 Per application plus any outside costs
Solar/Photovoltaic Systems $305
$1,050
Single family residential
Multi-Family / Commercial/ Industrial
–plus $5 per kW above 250 kW
Permit System Replacement 4% of building plan and permit revenues.
7.1.b
Packet Pg. 270
Exhibit A
*All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018. The CPI will
be calculated using the March to March rates of the federal Consumer Price Index (CPI) for Wage Earners and
Clerical Workers in Los Angeles/Orange Counties.
7.1.b
Packet Pg. 271
Exhibit A
CITY OF DIAMOND BAR
COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT
BUILDING & SAFETY DIVISION
ELECTRICAL, PLUMBING, & MECHANICAL FEE SCHEDULE 2017-18
ACTION FEE
Administrative & Miscellaneous Fees
Permit Issuance $43.34
Supplemental Permit Issuance $32.41
Standard Retention Fee 5% of Permit & Plan Check Fees
Combo Permits
Electrical
Plumbing
Mechanical
10% of the Building Permit Fee
10% of the Building Permit Fee
10% of the Building Permit Fee
Mechanical Permit Fees
Minimum Inspection Fee: Mechanical $74.27
Unit Fees:
A/C, Residential (Each)
Up to 100,000 BTUs
100,001-500,000 BTUs
500,001+ BTUs
$31.21
$58.94
$151.36
Furnace (F.A.U., Floor)
Up to 100,000 BTUs
100,001-500,000 BTUs
500,001+ BTUs
$31.21
$58.94
$151.36
Heater (Wall)
Up to 100,000 BTUs
100,001-500,000 BTUs
500,001+ BTUs
$31.21
$58.94
$151.36
Refrigeration Compressor
Up to 100,000 BTUs
100,001-500,000 BTUs
500,001+ BTUs
$31.21
$58.94
$151.36
Boiler
Up to 100,000 BTUs
100,001-500,000 BTUs
500,001+ BTUs
$31.21
$58.94
$151.36
Chiller
Up to 100,000 BTUs
100,001-500,000 BTUs
500,001+ BTUs
$31.21
$58.94
$151.36
7.1.c
Packet Pg. 272
(Continued) BUILDING & SAFETY DIVISION FEE SCHEDULE
Heat Pump (Package Unit)
Up to 100,000 BTUs
100,001-500,000 BTUs
500,001+ BTUs
$31.21
$58.94
$151.36
Heater (Unit, Radiant, Etc.)
Up to 100,000 BTUs
100,001-500,000 BTUs
500,001+ BTUs
$31.21
$58.94
$151.36
Air Handler (Each)
2000 CFMs
2001-3,999 CFMs
4000-10,000 CFMs
10,001+ CFMs
$14.74
$43.51
$43.51
$75.42
Duct Work (Only, New)
1-10 Registers
11-30 Registers
31-50 Registers
51+ Registers
$50.28
$150.84
$228.96
$233.54
Alterations
1-10 Registers
11-30 Registers
31-50 Registers
51+ Registers
$50.28
$150.84
$228.96
$233.54
Evaporative Cooler
1-12,000 BTUs
12,001-24,000 BTUs
24,001-36,000 BTUs
36,001-48,000 BTUs
48,001+ BTUs
$25.31
$25.31
$25.31
$25.31
$25.31
Inlet & Outlet Served by AC System
(Register, Each)
$5.03
Moisture Exhaust Duct (Clothes Dryer, Each) $39.18
Ventilation Fan Connected to a Single Duct
(Each)
$18.37
Vent System (Each) $39.18
Exhaust Hood/Fan/Duct (Residential, Each) $75.42
Exhaust Hood, Type 1
(Commercial Grease Hood, Each)
$75.42
Exhaust Hood, Type 2
(Commercial Steam Hood, Each)
$75.42
Spray Booth Served By Mechanical Exhaust,
Including Fans & Ducts attached Thereto
$75.42
Refrigerator Condenser Remote
Up to 100,000 BTUs
100,001-500,000 BTUs
500,001+ BTUs
$31.21
$58.94
$151.36
7.1.c
Packet Pg. 273
(Continued) BUILDING & SAFETY DIVISION FEE SCHEDULE
Walk-in Box/Refrigerator Coil
Up to 100,000 BTUs
100,001-500,000 BTUs
500,001+ BTUs
$31.21
$58.94
$151.36
Install/Relocate Forced Air or Gravity-Type
Furnace or Burner (Including Attached Ducts
& Vents)
Up to 100,000 BTUs
100,001-500,000 BTUs
500,001+ BTUs
$31.21
$58.94
$151.36
Install/Relocate Suspended Heater, Recessed
Wall Heater, or Floor Mounted Unit Heater
(Each)
Up to 100,000 BTUs
100,001-500,000 BTUs
500,001+ BTUs
$31.21
$58.94
$151.36
Repair/Alter/Add Heating Appliance,
Refrigeration Unit, Cooling Unit, Absorption
Unit, or Each Heating, Cooling, Absorption,
or Evaporative Cooling System, Including
Installation of Controls (Each)
Up to 100,000 BTUs
100,001-500,000 BTUs
500,001+ BTUs
$31.21
$58.94
$151.36
Fire Damper (Each) $12.31
Garage Ventilation System (Each) $39.18
Product Conveying System (Each) $39.18
Appliance or Piece of Equipment Not Classed
in Other Appliance Categories, or For Which
No Other Fee Is Listed
$39.18
Fire Suppression System $12.31
Other Mechanical Inspections (Per Hour) $107.35
Plumbing & Gas Permit Fees
Minimum Inspection Fee: Plumbing & Gas $53.68
Stand Alone Plumbing Plan Check (Hourly) 50% of Mechanical Permit Fee $55 Minimum
Unit Fees:
Gas Piping System
First 5
After First 5 (Each)
$95.42
$4.90
Gas Meter (Each) $19.08
Gas Pressure Regulator (Each) $19.08
Building Sewer Connection (Each) $54.80
Future House Sewer Section $35.36
7.1.c
Packet Pg. 274
BUILDING & SAFETY DIVISION FEE SCHEDULE
Private Sewage Disposal System
(Septic Tank & Seepage Pit/Connection to
House, Each)
$112.24
Disconnection, Abandonment, Alteration, or
Repair of Any House Sewer or Private
Sewage Disposal System or Part Thereof
(Each)
$38.52
Backflow Preventer
First 5
After First 5 (Each)
$19.08
$7.88
Water Heater and/or Vent (Each) $19.08
Water Softener (Each) $19.08
Dishwasher, Permanent (Each) $19.08
Water Pipe Repair/Replacement $19.08
Drainage or Vent Piping Repair/Alterations
(Each)
$19.08
Drinking Fountain (Each) $19.08
Solar Water SystemFixtures (Solar Panels,
Tanks, Water Treatment Equipment, Each)
$63.56
Swimming Pool Drainage Trap & Receptor
(Water Supply for Pool Not Included, Each)
$19.08
Medical Gas System (Each) $19.08
Plumbing Fixture/Trap or Set of Fixtures on
One Trap, Including Water, Drainage Piping,
Hose Bibs, and Backflow Protection (each)
$19.08
Building Drain (w/o Accompanying
Plumbing, Each)
$19.08
Cesspool, Overflow Seepage Pit, Percolation
Test Pit, Swimming Pool Drywell, or
Drainfield Extension or Replacement (Each)
$54.80
Private Sewage Disposal System (each) $283.66
Industrial Waste Grease Trap, Pretreatment
Interceptor, Including Trap & Vent (Each)
$19.08
Water Treating Equipment and/or Water
Piping Installed/Altered/Repaired (Each)
$19.08
Lawn Sprinkler System On any one Meter,
Including Backflow Protection Devices
Therefore (Each)
$19.08
Backflow Devices Not Included in Other Fee
Services e.g., Building/Trailer Sewer (Each)
$19.08
Electrical Permit Fees
Minimum Inspection Fee: Plumbing & Gas $53.68
System Fees:
7.1.c
Packet Pg. 275
BUILDING & SAFETY DIVISION FEE SCHEDULE
Service, Subpanels, Switchboards or Section,
Motor-Controlled Centers, and Panel Boards
Up to 200 Amps
201-1000 Amps
1001+ Amps
$44.90
$87.90
$187.94
New Single & Two-Family Residential
Buildings (Per Sq. Ft.)
$0.12
Multifamily Residential Buildings (Per Sq.
Ft.)
$0.11
Temporary Service Power Pole or Pedestal,
Including All Pole or Pedestal Mounted
Receptacle Outlets and Appurtenances
$50.28
Temporary Distribution System &
Temporary Lighting & Receptacle Outlets
(Each)
$24.97
Pre-Inspection (Per-Hour) $107.35
Private/Residential In-Ground Swimming
Pools, Spas, Therapeutic Whirlpools, Hot
Tubs, New/Repairs (Each)
**Includes Complete System of Necessary
Branch Wiring, Bonding, Grounding,
Underwater Lighting, Water Pumping, and Other
Similar Electrical Equipment Directly Related to
the Operation of a Swimming Pool
$93.79
Carnivals, Circuses, or other Traveling Shows
or Exhibitions Utilizing Transportable Rides,
Booths, Displays, and Attractions With
Lighting
$51.14
Temporary Distribution System and
Temporary Lighting and Receptacle Outlets
For Construction Sites, Decorative Lights,
Christmas Tree Sales Lots, Fireworks Stands,
Etc. (Each)
$18.90
Unit Fees:
Receptacle, Switch, Lighting, or Other Outlets
at Which Current is Used or Controlled,
Except Services, Feeders, & Meters
First 20 (Or Portion Thereof)
Each Additional
$2.26
$1.56
Lighting Fixtures
Lighting Fixtures, Sockets, or Other Lamp-
Holding Devices
First 20 (Or Portion Thereof)
Each Additional
$2.26
$1.56
Pole or Platform Mounted Lighting Fixtures
(Each)
$2.60
Theatrical-type Lighting Fixtures or
Assemblies (Each)
$2.60
7.1.c
Packet Pg. 276
BUILDING & SAFETY DIVISION FEE SCHEDULE
Residential Appliances
Fixed Residential Appliances or Receptacle
Outlets For Same, Including Wall-Mounted
Electric Ovens, Counter Mounted Cooking
Tops, Electric Ranges, Self-contained Room
Console, or Through Wall Air Conditioners,
Space Heaters, Food Waste Grinders,
Dishwashers (Each)
**For Other Types of Air Conditioners, and
Motor-Driven Appliances Having Larger
Electrical Ratings, See Power Apparatus
$12.48
Nonresidential Appliances
Residential Appliances and Self-contained
Factory-Wired Non-Residential Appliances,
Including Medical and Dental Services, Food,
Beverage, and Ice Cream Cabinets,
Illuminated Show Cases, Drinking Fountains,
Vending Machines, Laundry Machines, etc.
(Each)
$12.48
Residential Appliances and Self-contained
Factory-Wired Non-Residential Appliances
Not Exceeding One Horsepower (HP),
Kilowatt (kW), or Kilovolt-ampere (kVA) in
rating, including medical and dental devices,
food, beverage, and ice cream cabinets, etc.
**For Other Types of Air Conditioners, and
Motor-Driven Appliances Having Larger
Electrical Ratings, See Power Apparatus
$12.48
Power Apparatus
Motors, Generators, Transformers, Rectifiers,
Synchronous Converters, Capacitors,
Industrial Heating, Air Conditioners, and
Heat Pumps, Cooking & Baking Equipment
and Other Apparatus Rating in Horsepower
(HP), Kilowatts (kW), or Kilovolt-amperes
(kVA)
Over 3-10
Over 11-50
Over 51-100
Over 101
$22.72
$53.23
$99.86
$164.53
Busways
Trolley and Plug-In Type Busways
(Each 100 Ft. or Fraction Thereof)
**An Additional Fee Will Be Required For
Lighting Fixtures, Motors, and Other Appliances
That Are Connected To Trolley and Plug-In
Type Busways. No Fee is Required For Portable
Tools
$30.17
7.1.c
Packet Pg. 277
BUILDING & SAFETY DIVISION FEE SCHEDULE
Other Electrical
Signs, Outline Lighting, or Marquees (Each) $44.90
Signs, Outline Lighting, or Marquees
Supplied From One Branch Circuit (Each)
$14.74
Additional Branch Circuits Within The Same
Sign, Outline Lighting System, Or Marquee
(Each)
$14.74
Miscellaneous Apparatus, Conduits, and
Conductors (Each)
$75.24
Electrical Apparatus, Conduits, and
Conductors For Which a Permit is Required,
But For Which No Fee is Herein Set Forth
(Each)
**Not Applicable When a Fee is Paid For One or
More Services, Outlets, Fixtures, Appliances,
Power Apparatus, Busways, Signs, or Other
Equipment
$75.24
Photovoltaic Systems (Each) $69.30
Other Electrical Inspections (Per Hour) $107.35
Inspections Outside Normal Business Hours
0-2 Hours (Minimum Fee)
Each Additional Hour or Portion Thereof
$300.00
$150.00
Reinspection Fee (Each) $53.68
Inspections For Which No Fee is Indicated
(Per Hour, Minimum Charge of ½ Hour)
$107.35
Electrical Plans Over 2000 Sq. Ft.
2000-4000 (2 Hrs.)
4001-6000 (3 Hrs.)
6001-8000 (4 Hrs.)
8001-10,000 (5 Hrs.)
10,001-14,000 (6 Hrs.)
14,001-18,000 (8 Hrs.)
18,001-22,000 (9 Hrs.)
22,001+ (10 Hrs.)
$180.11
$270.17
$360.21
$450.27
$540.32
$720.43
$780.47
$900.53
*All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018. The CPI will
be calculated using the March to March rates of the federal Consumer Price Index (CPI) for Wage Earners and
Clerical Workers in Los Angeles/Orange Counties.
7.1.c
Packet Pg. 278
Exhibit A
CITY OF DIAMOND BAR
PUBLIC WORKS & ENGINEERING DEPARTMENT
FEE SCHEDULE 2017-18
ACTION FEE
As-Builts
Minor Amendments/Revisions To
Improvement Plans
As-Builts - $3,000 deposit with charges at the fully
allocated hourly rates for all personnel involved plus
any outside costs.
Other - Deposit determined by staff with charges at the
fully allocated hourly rates for all personnel involved
plus any outside costs.
Certificate of Correction
For Any Changes To Final Recorded Maps
$2,500 Minimum deposit with charges at the
fully allocated hourly rates for all
personnel involved plus any outside
costs.
Change of Address
Changes of Individual Addresses, Assigning
of New Addresses (New Subdivision)
$400 Application
Change of Improvement Plans
Changes Made Prior To City Approval
As-Builts - $3,000 deposit with charges at the fully
allocated hourly rates for all personnel involved plus
any outside costs.
Other - Deposit determined by staff with charges at the
fully allocated hourly rates for all personnel involved
plus any outside costs.
Construction/Demolition
Monitoring Such Activities to Ensure Proper
Diversion of Recyclables
$210.54 Each
Curb & Gutter, Plan Check / Inspection
Installation in Public Right-of-Way
$435 L.F. $435 per linear foot plus $2 per linear
foot over 100 linear feet
Curb Core Inspection $110.00 Per permit
Parkway Drain Inspection $370 Per permit
Dedication/Vacation
Residential (One Lot) & All Others
$2,500 Minimum Deposit determined by staff
with charges at the fully allocated
hourly rates for all personnel involved
plus any outside costs.
Drainage/Parking Lots
Projects with 50 CY of Grading or Less
Require Drainage Plan Approval
Quantity Calculated = Cut + Fill
$245.00 Application
7.1.d
Packet Pg. 279
(Continued) PUBLIC WORKS & ENGINEERING FEE SCHEDULE
Drainage Inspection (Rip-Rap)
For Hillside Drainage Projects
$2,500 Minimum Deposit determined by staff
with charges at the fully allocated
hourly rates for all personnel involved
plus any outside costs.
Driveway Approach, Plan Check / Inspection
For Residential or Commercial Access
$435
$615
Per permit – replacement of existing
Per permit – new/relocation/widen
Dumpsters
Use of Trash Dumpsters in Public ROW
$35 Per permit – valid for 7 days
Easement Checking
$2,500 Minimum Deposit determined by staff
with charges at the fully allocated
hourly rates for all personnel involved
plus any outside costs.
Engineering Review
Any Plan Check/Inspection Not Listed
$2,500 Minimum deposit with charges at the
fully allocated hourly rates for all
personnel involved plus any outside
costs
Supplemental Submittals (After 3 Submittals)
Each Submittal of Unresolved Plan Checks
Deposit determined by staff with charges at the fully
allocated hourly rates for all personnel involved plus
any outside costs.
Geotechnical & Geological Reports
For All Grading/Subdivision Projects and
Construction in Restricted Use Area
$2,500 Minimum deposit with charges at the
fully allocated hourly rates for all
personnel involved plus any outside
costs.
Geotechnical Observation
Observation by Geotechnical Engineer of
Grading Activities
$2,500 Minimum deposit with charges at the
fully allocated hourly rates for all
personnel involved plus any outside
costs.
Grading, Plan Check
Projects with 51 CY or Greater Require
Grading Plan Approval & Permit
Quantity Calculated = Cut + Fill
$1,065
$1,065
+ $22
$1,263
+$60
Deposit
50-100CY
101-1,000 CY
Per 100 CY in excess of 101
1,001-10,000 CY
Per 1,000 CY in excess of 1,001
10,001+ CY –
Deposit determined by staff with
charges at the fully allocated hourly
rates for all personnel involved plus
any outside costs.
7.1.d
Packet Pg. 280
(Continued) PUBLIC WORKS & ENGINEERING FEE SCHEDULE
Grading, Inspection
Projects with 51 CY or Greater Require
Grading Plan Approval & Permit
Quantity Calculated = Cut + Fill
$700
$400
+ $7.50
$768
+$87
Deposit
50-100CY
101-1,000 CY
Per 100 CY in excess of 101
1,001-10,000 CY
Per 1,000 CY in excess of 1,001
10,001+ CY –
Deposit determined by staff with
charges at the fully allocated hourly
rates for all personnel involved plus
any outside costs.
House Numbering
Painting House Numbers on Public Curbs
$65 $65 permit plus $1,000 refundable
deposit
Hydrology & Hydraulic Reports
For All Major Grading/Subdivision Projects
And Construction in Flood Control Area
$2,500 Minimum deposit with charges at the
fully allocated hourly rates for all
personnel involved plus any outside
costs.
Subdivision Agreement Review/Preparation
Review of Subdivision Agreements Prior to
Final Map Approval
$368.43 Each
Improvement/Security Agreement
Review Engineer’s Estimates for Bonding
Purposes of Grading, Sewer, Storm Drain
Street, Landscape, & Monumentation
$368.43 Each
Other Field Inspection
Any Field Inspections Not Previously Listed
Minimum $2,500 deposit with charges at the fully
allocated hourly rates for all personnel involved plus
any outside
costs.
Lane Closures
Work on Private Property, Block Parties
Any private use
$265 Per permit
Limited Collection Permit (valid one calendar
yr.)
$235 Per permit
Traffic Control, Plan Check / Inspection
For Projects Requiring Traffic Control Plans
For Public Street Closures
Deposit determined by staff with charges at the fully
allocated hourly rates for all personnel involved plus any
outside costs.
Map Analysis, Plan Check
Tract & Parcel Maps
$2,500 Minimum Deposit determined by staff
with charges at the fully allocated
hourly rates for all personnel involved
plus any outside costs.
Minor Lot Line Adjustment, Plan Check $2,500 Minimum Deposit determined by staff
with charges at the fully allocated
hourly rates for all personnel involved
plus any outside costs.
7.1.d
Packet Pg. 281
(Continued) PUBLIC WORKS & ENGINEERING FEE SCHEDULE
Monitoring Well
Lane Closure Permits for Public Streets
$195 Per permit – valid 90 days
Other Engineering Reports, Plan Check
Any Engineering Reports Not Listed
$2,500 Minimum Deposit determined by staff
with charges at the fully allocated
hourly rates for all personnel involved
plus any outside costs.
Permanent Encroachment Agreement $295
$160
Per new application
Per existing application, plus any
actual legal/outside costs
Re-Inspection Fee
Re-Inspection Due to Failed Inspections,
Corrections Required, Premature Inspections,
Or Other Additional Requests
Minimum Deposit determined by staff with charges at the
fully allocated hourly rates for all personnel involved plus
any outside costs.
Self-Hauling Permit $765
$574
$383
$191
Issued Jan.-Mar.
Issued Mar.-Jun.
Issued Jul.-Sep.
Issued Oct.-Dec.
Septic Tank, Plan Check
Review of Conformance With State
Guidelines. Permits Issued by B&S
$791.84 Minimum Deposit
Sewer Saddle / Lateral
Installation of Sewer Laterals Only
$220 Per permit plus County fee
Sewer Plans, Plan Check
Sewer Work, Public/Private Mainline/Lateral
As-Builts - $3,000 deposit with charges at the fully
allocated hourly rates for all personnel involved plus
any outside costs.
Other - Deposit determined by staff with charges at the
fully allocated hourly rates for all personnel involved
plus any outside costs.
Sewer Plans, Inspection
Sewer Work, Public/Private Mainline/Lateral
As-Builts - $3,000 deposit with charges at the fully
allocated hourly rates for all personnel involved plus
any outside costs.
Other - Deposit determined by staff with charges at the
fully allocated hourly rates for all personnel involved
plus any outside costs.
Sewer System Overflow
Enforcement of Sewer System Overflows
Reported by L.A. County
$421.07 Project
Sidewalk, Plan Check / Inspection
Cuts, Removal/Replacement
Residential or Commercial
$435 L.F $435 linear foot plus $2 per linear
food over 100 linear feet.
Street Plans, Plan Check
For All New Public/Private Streets
As-Builts - $3,000 deposit with charges at the fully
allocated hourly rates for all personnel involved plus
any outside costs.
Other - Deposit determined by staff with charges at the
fully allocated hourly rates for all personnel involved
plus any outside costs.
7.1.d
Packet Pg. 282
(Continued) PUBLIC WORKS & ENGINEERING FEE SCHEDULE
Street Plans, Inspection
For All New Public/Private Streets
As-Builts - $3,000 deposit with charges at the fully
allocated hourly rates for all personnel involved plus
any outside costs.
Other - Deposit determined by staff with charges at the
fully allocated hourly rates for all personnel involved plus
any outside costs.
Stock Piling, Plan Check
Retention of Dirt For Established Period
of Time
$155 Per plan
Stock Piling, Inspection
Retention of Dirt For Established Period
of Time
$155 Per permit
Storm Drain, Plan Check
For All Storm Drain Work, Public/Private
Mainline, Laterals
As-Builts - $3,000 deposit with charges at the fully
allocated hourly rates for all personnel involved plus
any outside costs.
Other - Deposit determined by staff with charges at the
fully allocated hourly rates for all personnel involved
plus any outside costs.
Storm Drain, Inspection
For All Storm Drain Work, Public/Private
Mainline, Laterals
As-Builts - $3,000 deposit with charges at the fully
allocated hourly rates for all personnel involved plus
any outside costs.
Other - Deposit determined by staff with charges at the
fully allocated hourly rates for all personnel involved
plus any outside costs.
Storm Drain Transfer to County $660 Application
Storm Drain/Sewer Structure Review/Inspect.
Any Storm Drain/Sewer-Related Junction
$158.93 Each
Standard Urban Stormwater Mitigation Plan
SUSMP
Deposit determined by staff with charges at the fully
allocated hourly rates for all personnel involved plus any
outside costs.
Stormwater Business Inspection $300 Per inspection
Stormwater Protect Plan / Inspection Deposit determined by staff with charges at the fully
allocated hourly rates for all personnel involved plus any
outside costs.
Time Extension, Improvement Agreement $404.55 Each
Time Extension, Unexpired Plan
Checks/Permits
$25 Per application
Traffic Studies & Mitigation Reports $2,889.62 Minimum Deposit
Transportation Permits
Oversize Load, Weight, Width, Length,
Height, Etc.
$16.00 Per permit
Utilities $655 $655 per permit plus $3 per linear foot
over 150 linear feet
Utility Encroachment - Non-Street Cut $220 Per permit
Utility Residential Street Closure $265 Per permit
7.1.d
Packet Pg. 283
(Continued) PUBLIC WORKS & ENGINEERING FEE SCHEDULE
*All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018. The CPI will
be calculated using the March to March rates of the federal Consumer Price Index (CPI) for Wage Earners and
Clerical Workers in Los Angeles/Orange Counties.
7.1.d
Packet Pg. 284
Exhibit A
Page 1
CITY OF DIAMOND BAR
COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
FEE SCHEDULE 2017-18
ACTION FEE
Advance Planning
Annexation $10,000 Deposit
Development (Zoning) Code Amendment $10,000 Deposit
Development Agreement $10,000 Deposit
General Plan Amendment $10,000 Deposit
Specific Plan $10,000 Deposit
Specific Plan Amendment $5,000 Deposit
Zone Change/Map Amendment $10,000 Deposit
Current Planning (Discretionary)
Administrative Development Review $1,755 Application plus $2,000 deposit
Adult Oriented Business/Entertainer Permit $2,160 Application
Animal Permit Deposit determined by staff with charges at the fully
allocated hourly rates for all personnel involved plus
any outside costs
Comprehensive Sign Program $1,620 Per application plus $2,000 deposit
with charges at the fully allocated
hourly rates for all project personnel
plus any outside costs.
Conditional Use Permit - Minor $1,595 Application plus $2,000 deposit
Conditional Use Permit - Major $1,995 Application plus $4,000 deposit
Condition Use Permit Amendment $2,835 Application
Density Bonus $5,000 Deposit
Development Review $2,855 Application plus $5,000 deposit
Extension of Time $150
$2,835
Per application - no public hearing
Per application - with public hearing
Landscape Plan Check $340 Per application plus any outside costs
Large Family Daycare Permit Refer to Conditional Use Permit
Miscellaneous/Special Studies Deposit determined by staff with charges at the fully
allocated hourly rates for all personnel involved plus any
outside costs.
Parcel Map Waiver $5,000 Deposit
Parking Permit / Joint Use Parking Agreement Deposit determined by staff with charges at the fully
allocated hourly rates for all personnel involved plus any
outside costs.
7.1.e
Packet Pg. 285
(Continued) PLANNING DIVISION FEE SCHEDULE
Revision after TTM or TPM is approved $2,500 Minimum deposit determined by staff
with charges at the fully allocated
hourly rates for all personnel involved
plus any outside costs.
Temporary Use Permit $250 Application
Tentative Parcel Map (TPM) $5,000 Deposit
Tentative Tract Map (TTM) $5,000 Deposit
Tree Permit $1,185
$2,500
Application plus
Deposit with charges at the fully
allocated hourly rates for all personnel
involved plus outside costs
Variance – Minor $1,420 Application
Variance - Major $5,000 Deposit
Environmental
California Department of Fish and Game $75
$75.00
$2,792.25
$2,010.25
City processing fee
County processing fee
CDFG EIR review
CDFG Neg. Dec. review
Environmental Analysis
(i.e.,Environmental Impact Report (EIR) or
Negative Declaration preparation)
Deposit determined by staff with charges at the fully
allocated hourly rates for all personnel involved plus
outside costs
Environmental Mitigation Monitoring Program Cost to be determined as part of the EIR or Negative
Declaration Mitigation Monitoring program to be
included as a project condition of approval. Deposit
determined by staff with charges at the fully allocated
hourly rates for all personnel involved plus outside
costs.
Ministerial Review
Streamlined Plot Plan Review $590 Application
Plot Plan Review $1,670 Application
Preliminary Project Review $1,835 Per application - with 50% of the fee
being credited towards future Planning
fees for the project.
Sign Review $125 Application
Temporary Sign Review $70 Application
Zoning Clearance $75 Application
Miscellaneous/Other
Appeals $3,575 Per appeal
Business License – New $38 Application plus $1 State fee
7.1.e
Packet Pg. 286
Business License – Renewal $17 Per application plus $1 State fee
CC&Rs Review $5,000 Deposit with charges at the fully
allocated hourly rates for all personnel
involved plus outside costs
Certificate of Compliance $2,500 Minimum deposit with charges at the
fully allocated hourly rates for all
personnel involved plus any outside
costs.
Concurrent filed applications One deposit shall be accepted (the largest deposit listed)
and all applications shall be processed as actual cost
charged against the one deposit
Interpretation $975 Application
Mills Act Processing $5,000 Deposit with charges at the fully
allocated hourly rates for all personnel
involved plus outside costs
Permanent Record Retention $2.00 Per sheet of plans collected at the time
of submittal
Projects for which there is no fee category Actual cost deposit to be determined by the Community
Development Director
Public Convenience & Necessity (ABC) $385 Application
Quimby Fees (In-Lieu Park Fees) Fees determined during discretionary review for
residential projects and are based upon an appraisal of
the land
Research Actual cost deposit to be determined by the Community
Development Director
SEATAC Review Add 50% to the deposit for concurrent application
*All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018. The CPI will
be calculated using the March to March rates of the federal Consumer Price Index (CPI) for Wage Earners and
Clerical Workers in Los Angeles/Orange Counties.
7.1.e
Packet Pg. 287
Exhibit B
CITY OF DIAMOND BAR
ADMINISTRATIVE / MISCELLANEOUS SERVICES FEES
2017-18 FEE SCHEDULE
ACTION FEE
Abatement Lien Processing Charge the fully allocated hourly rates for all staff
involved plus any outside costs.
Animal Administrative Appeal $1,065 Per appeal
Candidate Processing $25 Per candidate
Copying / Document Reproduction $0.10
$0.25
$5
FPPC copy per page after first 5 pages
Other
Plans/Maps/Blueprint copy – per page
Damage to City Property Charge the fully allocated hourly rates for all staff
involved plus any outside costs.
Document Certification $5 Per document
Electronic File Copy $5 Per device/disk
False Alarm Billing $10 Per bill
Film Permits $100
$435
Student
Other – per application plus $500 per
day for right-of-way rental
General Research / Document Compilation Charge the fully allocated hourly rates for all staff
involved plus any outside costs.
Local Initiative Processing $200 Per application
Notary Public Services $15 Per signature
NSF Check Processing $46 Per NSF check
Projects For Which There is No Fee Category Charge the fully allocated hourly rates for all staff
involved plus any outside costs.
Residential Parking Permit $10 Per permit
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Agenda #: 7.2
Meeting Date: May 2, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: FIRST READING OF ORDINANCE NO. 0X(2017) AMENDING TITLE 15 OF
THE DIAMOND BAR MUNICIPAL 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, 2016 EDITION.
RECOMMENDATION:
Receive Staff's Report; Open the Public Hearing; Receive Public Testimony; Close the
Public Hearing; Discuss; and, Approve for First Reading, by Title only, Waive Full
Reading and set second reading for May 16, 2017.
RECOMMENDATION:
Introduce for first reading by title only and waive full reading of Ordinance No. XX(2017),
and set second reading and public hearing for May 16, 2017.
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 man ner
that is safe, green, and provides a decent quality of life for the buildings’ occupants.
The commission published the 2016 updates in July 2016. 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 2016 California Codes with local amendments on
November 15, 2016 [Ordinance No. 10(2016)]. For the reasons discussed below, the
ordinance did not include local amendments to the Fire Code.
Fire Protection Service in Diamond Bar
Diamond Bar is one of 58 cities which are members of the Consolidated Fire Protection
7.2
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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”). 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 24, the Board of Supervisors, acting as the governing board for the District,
adopted the 2017 District Fire Code, which then became effective beginning March 1,
2017. The City must now ratify the District Fire Code as the Fire Code for the Cit y in
order to delegate enforcement authority to the District Fire Chief.
FIRE CODE AMENDMENT SUMMARY:
The proposed ordinance amends Title 16 of the Diamond Bar Municipal Code
incorporating the 2017 District Fire Code. The District Fire Code amendments to the
California Fire Code are reasonably necessary because of local climatic, geologic, or
topographic conditions. For the most part, the District Fire Code amendments are
simply carryovers from prior code updates. This report focuses solely on the eight new
amendments.
It should also be noted that the codification protocols followed by the California Building
Standards Commission routinely lead to extensive renumbering of identical code
provisions when comparing code updates to prior versions. This rep ort focuses on the
actual changes in content, rather than making any attempt to cross -reference the
numbering changes between the current and old codes.
The following is a summary the new amendments:
1. All existing fees have been adjusted for the first tim e since their inception in 2007.
2. New permit, plan review and inspection fees have been added.
3. Helistops for high-rise buildings are re-named emergency Helicopter Landing
Facilities and are now only required for buildings greater than twelve stories in he ight
(120 feet).
4. More restrictive language has been added for smoke and heat vents on certain
commercial buildings.
5. Fire flow requirements for mobile home parks have been reduced from 4,000 gallons
to 1,250 gallons per minute (gpm) for two hours and 2,000 gpm in the Very High Fire
Hazard Severity Zones.
6. Appendix B (Fire Flow Requirements for Buildings) is amended to incorporate the
following District requirements: standards for tank size; criteria for when land owners
are required to connect to an existing water system; and revised fire flow
requirements to mirror existing State requirements for low-hazard wildland fire areas.
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7. Appendix C (Hydrant Locations and Distribution) is revised to replace State
standards with more restrictive District standards, including additional hydrant
locations.
8. Appendix D (Fire Apparatus Access Roads) is new to the California Fire Code, and
is adopted with District revisions to allowed road widths and grades.
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 above
changes were made. Footnotes were also added to show consistency with the above
discussion, and to allow the reader to more easily see how the a bove revisions have
been incorporated into the language of the ordinance.
NOTICE OF PUBLIC HEARING:
Pursuant to the California Government Code 50022.3, a public hearing notice will be
published twice in the Inland Valley Daily Bulletin and the San Gabrie l Valley Tribune
between the date of this meeting and the public hearing on May 16, 2017.
PREPARED BY:
Attachments:
1. 7.2.a 2017-0003 LA County Fire Ordinance with Footnotes
2. 7.2.b fire code 2017 adoption - ordinance
3. 7.2.c Exhibit A to Attachment 1 (ordinance)
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ANALYSIS
This ordinance repeals and amends certain provisions of Title 32 – Fire Code of
the Los Angeles County Code, which had incorporated by reference portions of the
2013 Edition of the California Fire Code, and adopts by reference, with certain changes
and amendments, the 2016 Edition of the California Fire Code. This ordinance also
adopts by reference, with certain changes and amendments, the 2015 Edition of the
International Fire Code, which has been incorporated, with certain changes and
amendments, into the 2016 Edition of the California Fire Code.
State law allows the County and Consolidated Fire Protection District of
Los Angeles County ("District") to adopt more restrictive building standards that are
reasonably necessary because of local climatic, geological, and/or topographical
conditions. This ordinance contains findings that all of the amendments 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,
MARY C. WICKHAM
County Counsel
By
SCOTT KUHN
Principal Deputy County Counsel
Property Division
SK:ll
Requested: 07/29/2016
Revised: 12/12/2016
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HOA.101204625.6
ORDINANCE NO. _________________
An ordinance repealing and amending Title 32 – Fire Code of the Los Angeles
County Code, which had incorporated by reference portions of the 2013 Edition of the
California Fire Code, and adopts by reference, with certain changes and amendments,
the 2016 Edition of the California Fire Code. This ordinance also adopts by reference,
with certain changes and amendments, the 2015 Edition of the International Fire Code,
which has been incorporated, with certain changes and amendments, into the
2016 Edition of the California Fire Code, and making other revisions thereto. This
ordinance adopts more restrictive building standards 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 ordains as follows:
SECTION 1. The following Chapters of Title 32 are hereby repealed in
their entirety:
Chapter 1 (SCOPE AND ADMINISTRATION)
Chapter 2 (DEFINITIONS)
Chapter 4 (EMERGENCY PLANNING AND PREPAREDNESS)
Chapter 5 (FIRE SERVICE FEATURES)
Chapter 6 (BUILDING SERVICES AND SYSTEMS)
Chapter 7 (FIRE-RESISTANCE-RATED CONSTRUCTION)
Chapter 9 (FIRE PROTECTION SYSTEMS)
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Chapter 10 (MEANS OF EGRESS)
Chapter 11 (CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS)
Chapter 20 (AVIATION FACILITIES)
Chapter 21 (DRY CLEANING)
Chapter 22 (COMBUSTIBLE DUST-PRODUCING OPERATIONS)
Chapter 23 (MOTOR FUEL-DISPENSING FACILITIES AND REPAIR
GARAGES)
Chapter 24 (FLAMMABLE FINISHES)
Chapter 25 (FRUIT AND CROP RIPENING)
Chapter 26 (FUMIGATION AND INSECTICIDAL FOGGING)
Chapter 27 (SEMICONDUCTOR FABRICATION FACILITIES)
Chapter 28 (LUMBER YARDS AND WOODWORKING FACILITIES)
Chapter 29 (MANUFACTURE OF ORGANIC COATINGS)
Chapter 30 (INDUSTRIAL OVENS)
Chapter 31 (TENTS AND OTHER MEMBRANE STRUCTURES)
Chapter 32 (HIGH-PILED COMBUSTIBLE STORAGE)
Chapter 33 (FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION)
Chapter 34 (TIRE REBUILDING AND TIRE STORAGE)
Chapter 35 (WELDING AND OTHER HOT WORK)
Chapter 36 (MARINAS)
Chapter 50 (HAZARDOUS MATERIALS—GENERAL PROVISIONS)
Chapter 51 (AEROSOLS)
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Chapter 52 (COMBUSTIBLE FIBERS)
Chapter 53 (COMPRESSED GASES)
Chapter 54 (CORROSIVE MATERIALS)
Chapter 55 (CRYOGENIC FLUIDS)
Chapter 58 (FLAMMABLE GASES AND FLAMMABLE CRYOGENIC FLUIDS)
Chapter 59 (FLAMMABLE SOLIDS)
Chapter 60 (HIGHLY TOXIC AND TOXIC MATERIALS)
Chapter 61 (LIQUEFIED PETROLEUM GASES)
Chapter 62 (ORGANIC PEROXIDES)
Chapter 63 (OXIDIZERS, OXIDIZING GASES AND OXIDIZING CRYOGENIC
FLUIDS)
Chapter 64 (PYROPHORIC MATERIALS)
Chapter 65 (PYROXYLIN (CELLULOSE NITRATE) PLASTICS)
Chapter 66 (UNSTABLE (REACTIVE) MATERIALS)
Chapter 67 (WATER-REACTIVE SOLIDS AND LIQUIDS)
Chapters 68-79 (RESERVED)
Chapter 80 (REFERENCED STANDARDS)
Chapter 81 (AUTOMOBILE WRECKING YARDS)
Chapter 82 (INFRACTIONS)
Chapter 83 (CONSOLIDATED FIRE PROTECTION DISTRICT OF
LOS ANGELES FIRE CODE)
APPENDIX B (FIRE-FLOW REQUIREMENTS FOR BUILDINGS)
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APPENDIX BB (FIRE-FLOW REQUIREMENTS FOR BUILDINGS)
APPENDIX C (FIRE HYDRANT LOCATIONS AND DISTRIBUTION)
APPENDIX CC (FIRE HYDRANT LOCATIONS AND DISTRIBUTION)
APPENDIX K (TEMPORARY HAUNTED HOUSES, GHOST WALKS AND
SIMILAR AMUSEMENT USES)
APPENDIX L (RIFLE RANGE)
APPENDIX M (LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY
ZONES)
SECTION 2. The following sections of Title 32 are hereby repealed in
their entirety:
Section 301 (General)
Section 302 (Definitions)
Section 303 (Asphalt Kettles)
Section 304 (Combustible Waste Material)
Section 305 (Ignition Sources)
Section 306 (Motion Picture Projection Rooms and Film)
Section 307 (Open Burning, Recreational Fires and Portable Outdoor Fireplaces)
Section 308 (Open Flames)
Section 309 (Powered Industrial Trucks and Equipment)
Section 310 (Smoking)
Section 311 (Vacant Premises)
Section 312 (Vehicle Impact Protection)
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Section 313 (Fueled Equipment)
Section 314 (Indoor Displays)
Section 315 (General Storage)
Section 316 (Hazards to Fire Fighters)
Section 317 (Rooftop Gardens and Landscaped Roofs)
Section 318 (Laundry Carts)
Section 319 – 323 (Reserved)
Section 324 (Parade Floats)
Section 325 (Clearance of Brush and Vegetative Growth)
Section 326 (Activities in Hazardous Fire Areas)
Section 327 (Administrative Fines)
Section 328.8.1
Section 328.8.2
Section 328.8.3
Section 328.8.4
Section 328.8.5
Section 328.8.6
Section 328.8.7
Section 328.9.2.2
Section 328.9.2.3
Section 328.9.2.4
Section 328.9.2.5
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Section 328.9.2.6
Section 328.9.2.7
Section 328.9.2.8
Section 328.10 (Land Development Plan Reviews Located within Fire Hazard
Severity Zones)
Section 328.11 (Annual Review of Fees)
Section 4801 (General)
Section 4802 (Occupancy Classification)
Section 4803.1 (Change in use)
Section 4803.2 (Additional permits)
Section 4803.3 (Live audiences)
Section 4804 (General Requirements)
Section 4805 (Fire-Extinguishing Systems)
Section 4806 (Fire Detection Equipment)
Section 4807 (Fire Safety Officers)
Section 4808 (Electrical Requirements)
Section 4809 (Mechanical Equipment)
Section 4810 (Design Requirements)
Section 4811 (Production Locations)
Section 4901 (General)
Section 4902 (Definitions)
Section 4903 (Plans – Reserved)
7.2.a
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Section 4904 (Fire Hazard Severity Zones)
Section 4905 (Wildfire Protection Building Construction)
Section 4906 (Hazardous Vegetation and Fuel Management)
Section 4907 (Defensible Space)
Section 4908.1 (Fuel Modification plan in fire hazard severity zones)
Section 4908.1.1 (Plan modification)
Section 4908.1.2 (Penalties)
Section 4908.2 (Appeals)
Section 5601.1 (Scope)
Section 5601.2 (Permits)
Section 5601.3 (Fireworks)
Section 5601.4 (Model rockets and experimental high power rockets)
Sections 5602 – 5607 (Reserved)
Section 5608 (Fireworks Display)
Section 5609 (Seizure of Explosives, Explosive Materials, and Fireworks)
Section 5701 (General)
Section 5702 (Definitions)
Section 5703 (General Requirements)
Section 5704 (Storage)
Section 5705 (Dispensing, Use, Mixing and Handling)
Section 5706.1 (General)
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Section 5706.2 (Storage and dispensing of flammable and combustible liquids on
farms and construction sites)
Section 5706.2.1 (Combustibles and open flames near tanks)
Section 5706.2.2 (Marking of tanks and containers)
Section 5706.2.3 (Containers for storage and use)
Section 5706.2.4 (Permanent and temporary tanks)
Section 5706.2.4.1 (Fill-opening security)
Section 5706.2.4.2 (Vents)
Section 5706.2.4.3 (Location)
Section 5706.2.4.4 (Locations where above-ground tanks are prohibited)
Section 5706.2.5 (Type of tank)
Section 5706.2.5.1 (Tanks with top openings only)
Section 5706.2.5.1.1 (Pumps and fittings)
Section 5706.2.5.2 (Tanks for gravity discharge)
Section 5706.2.6 (Spill control drainage control and diking)
Section 5706.2.7 (Portable fire extinguishers)
Section 5706.2.8 (Dispensing from tank vehicles)
Section 5706.2.8.1 (Location)
Section 5706.3 (Well drilling and operating)
Section 5706.3.1 (Location)
Section 5706.3.1.1 (Storage tanks and sources of ignition)
Section 5706.3.1.2 (Streets and railways)
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Section 5706.3.1.3 (Buildings)
Section 5706.3.1.3.1 (Group A, E, or I buildings)
Section 5706.3.1.3.2 (Existing wells)
Section 5706.3.1.4 (Zoning regulations)
Section 5706.3.2 (Waste control)
Section 5706.3.2.1 (Discharge on a street or water channel)
Section 5706.3.2.2 (Discharge and combustible materials on ground)
Section 5706.3.3 (Sumps)
Section 5706.3.3.1 (Maximum width)
Section 5706.3.3.2 (Backfilling)
Section 5706.3.3.3 (Security)
Section 5706.3.4 (Prevention of blowouts)
Section 5706.3.5 (Storage tanks)
Section 5706.3.6 (Soundproofing)
Section 5706.3.7 (Signs)
Section 5706.3.8 (Field-loading racks)
Section 5706.4 (Bulk plants or terminals)
Section 5706.4.1 (Building construction)
Section 5706.4.2 (Means of egress)
Section 5706.4.3 (Heating)
Section 5706.4.4 (Ventilation)
Section 5706.4.4.1 (Basement and pits)
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Section 5706.4.4.2 (Dispensing of Class I liquids)
Section 5706.4.5 (Storage)
Section 5706.4.6 (Overfill protection of Class I and II liquids)
Section 5706.4.7 (Wharves)
Section 5706.4.7.1 (Transferring approvals)
Section 5706.4.7.2 (Transferring location)
Section 5706.4.7.3 (Superstructure and decking material)
Section 5706.4.7.4 (Tanks allowed)
Section 5706.4.7.5 (Transferring equipment)
Section 5706.4.7.6 (Piping, valves and fittings)
Section 5706.4.7.7 (Loading and unloading)
Section 5706.4.7.8 (Mechanical work)
Section 5706.4.8 (Sources of ignition)
Section 5706.4.9 (Drainage control)
Section 5706.4.10 (Fire protection)
Section 5706.4.10.1 (Portable fire extinguishers)
Section 5706.4.10.2 (Fire hoses)
Section 5706.4.10.3 (Obstruction of equipment)
Section 5706.4.10.4 (Fire apparatus access)
Section 5706.5 (Bulk transfer and process transfer operations)
Section 5706.5.1 (General)
Section 5706.5.1.1 (Location)
7.2.a
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Section 5706.5.1.2 (Weather protection canopies)
Section 5706.5.1.3 (Ventilation)
Section 5706.5.1.4 (Sources of ignition)
Section 5706.5.1.5 (Spill control and secondary containment)
Section 5706.5.1.6 (Fire protection)
Section 5706.5.1.7 (Static protection)
Section 5706.5.1.8 (Stray current protection)
Section 5706.5.1.9 (Top loading)
Section 5706.5.1.10 (Bottom loading)
Section 5706.5.1.10.1 (Dry disconnect coupling)
Section 5706.5.1.10.2 (Venting)
Section 5706.5.1.10.3 (Vapor-tight connection)
Section 5706.5.1.10.4 (Vapor-processing equipment)
Section 5706.5.1.11 (Switch loading)
Section 5706.5.1.12 (Loading racks)
Section 5706.5.1.13 (Transfer apparatus)
Section 5706.5.1.14 (Inside buildings)
Section 5706.5.1.15 (Tank vehicle and tank car certification)
Section 5706.5.1.16 (Tank vehicle and tank car stability)
Section 5706.5.1.16.1 (Tank vehicles)
Section 5706.5.1.16.2 (Chock blocks)
Section 5706.5.1.16.3 (Tank cars)
7.2.a
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Section 5706.5.1.17 (Monitoring)
Section 5706.5.1.18 (Security)
Section 5706.5.1.19 (Liquid transfer)
Section 5706.5.2 (Bulk transfer)
Section 5706.5.2.1 (Vehicle motor)
Section 5706.5.3 (Process transfer)
Section 5706.5.3.1 (Piping, valves, hoses and fittings)
Section 5706.5.3.1.1 (Shutoff valves)
Section 5706.5.3.1.2 (Hydrostatic relief)
Section 5706.5.3.1.3 (Antisiphon valves)
Section 5706.5.3.2 (Vents)
Section 5706.5.3.3 (Motive power)
Section 5706.5.4 (Dispensing from tank vehicles and tank cars)
Section 5706.5.4.1 (Marine craft and special equipment)
Section 5706.5.4.2 (Emergency refueling)
Section 5706.5.4.3 (Aircraft fueling)
Section 5706.5.4.4 (Fueling of vehicles at farms, construction sites and similar
areas)
Section 5706.5.4.5 (Commercial, industrial, governmental, or manufacturing)
Section 5706.5.4.6 (Time Limit for Unloading and Permit)
Section 5706.6 (Tank vehicles and vehicle operation)
Section 5706.6.1 (Operation of tank vehicles)
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Section 5706.6.1.1 (Vehicle maintenance)
Section 5706.6.1.2 (Leaving vehicle unattended)
Section 5706.6.1.3 (Vehicle motor shutdown)
Section 5706.6.1.4 (Outage)
Section 5706.6.1.5 (Overfill protection)
Section 5706.6.1.6 (Securing hatches)
Section 5706.6.1.7 (Liquid temperature)
Section 5706.6.1.8 (Bonding to underground tanks)
Section 5706.6.1.9 (Smoking)
Section 5706.6.1.10 (Hose connections)
Section 5706.6.1.10.1 (Simultaneous delivery)
Section 5706.6.1.11 (Hose protection)
Section 5706.6.1.12 (Transfer of Cargo)
Section 5706.6.2 (Parking)
Section 5706.6.2.1 (Parking near residential, educational and institutional
occupancies and other high-risk areas)
Section 5706.6.2.2 (Parking on thoroughfares)
Section 5706.6.2.3 (Duration exceeding 1 hour)
Section 5706.6.3 (Garaging)
Section 5706.6.4 (Portable fire extinguisher)
Section 5706.7 (Refineries)
Section 5706.7.1 (Corrosion protection)
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Section 5706.7.2 (Cleaning of tanks)
Section 5706.7.3 (Storage of heated petroleum products)
Section 5706.8 (Vapor recovery and vapor-processing systems)
Section 5706.8.1 (Over-pressure/vacuum protection)
Section 5706.8.2 (Vent location)
Section 5706.8.3 (Vapor collection systems and overfill protection)
Section 5706.8.4 (Liquid-level monitoring)
Section 5706.8.5 (Overfill protection)
SECTION 3. Section 100 is hereby added to read as follows:
100 CALIFORNIA FIRE CODE AND INTERNATIONAL FIRE
CODE ADOPTION BY REFERENCE: Except as hereinafter changed and modified,
Chapters 1 through 80; and Appendix B, Appendix BB, Appendix C, Appendix CC, of
the 2016 Edition of the California Fire Code, including errata and supplements,
published by the California Building Standards Commission, and Chapters 1 through 7,
Chapters 9 and 10, Chapters 20 through 36, Chapters 50 through 55, Chapters 57
through 67, Chapter 80, Appendix D and Appendix N of the 2015 Edition of the
International Fire Code, published by the International Code Council, for sections that
were not adopted as part of the 2016 California Fire Code are hereby adopted by
reference and incorporated into this Title 32 of the Los Angeles County Code as if set
forth fully below, and, as amended to include Chapters 81 - 83 and Appendices O, P,
and Q, shall be known as Chapters 1 through 83, Appendix B, Appendix BB, Appendix
7.2.a
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C, Appendix CC, Appendix D, Appendix N, Appendix O, Appendix P and Appendix Q of
Title 32 of the Los Angeles County Code.
A copy of the 2016 Edition of the California Fire Code, with errata and
supplements, and a copy of the 2015 International Fire Code shall be at all times
maintained by the Executive Office of the Board of Supervisors for use and examination
by the public.
Unless expressly repealed or amended herein, the previously enacted provisions
of Title 32 of the Los Angeles County Code shall remain in full force and effect.
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 Title 32 of the Los Angeles
County Code shall be known as the LOS ANGELES COUNTY FIRE CODE , hereinafter
referred to as "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:
. . .
5. Conditions affecting the safety of the fire fightersfirefighters and
emergency responders during emergency operations, and
6. Fire hydrant systems, water supply, fire equipment access, posting of fire
equipment access, parking, lot identification, weed abatement, and combustible brush
7.2.a
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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 mobile home
and special occupancy parks within the jurisdiction of the County of Los Angeles Fire
Department as 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, and Appendix CC, from the 2016 California
State Fire Code have been incorporated into this code. This code also adopts Appendix
D, Appendix N, Appendix O, Appendix P, and Appendix Q.
SECTION 7. Section 101.3 is hereby amended to read as follows:
101.3 Intent.
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, a nd to provide a reasonable level
of safety to fire fightersfirefighters 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.
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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 th ereof
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
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 Standard Commission approves and publishes
errata or supplement to the California Fire Code, Title 24, Part 9, any change made that
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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.
SECTION 10. Section 102.5 is hereby amended to read as follows:
102.5 Application of rResidential cCode.
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: 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. Where interior or exterior
systems or devices are installed, construction permits required by Section 105.7 of this
code shall also apply.
2. Administrative, operational, and maintenance provisions: All such
provisions of this code shall apply.
SECTION 11. 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; and the fire code official shall not be removed from office except for cause
and after full opportunity to be heard on specific and relevant charges by and before the
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appointing authority.An administrative officer of the prevention services bureau shall be
appointed the fire marshal by the chief of the Fire Department from among the chief
officers of the Fire Department.
SECTION 12. 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 13. 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 14. Section 103.4 is hereby amended to read as follows:
103.4 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.
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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
and 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, rules, and
regulations shall be in complianceconsistent with the intent and purpose of this code
and 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.
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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.
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 104.9 is hereby amended to read as follows:
104.9 Alternative mMaterials and mMethods.
The provisions of this code are not intended to prevent the installation of any
material or to prohibit any method of construction not specifically prescribed by this
code, provided that any such alternative has been approved. The fire code official is
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authorized to approve an alternative material or method of construction 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, at least 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 an d 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 b y 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
not approved, the fire code official shall respond in writing, stating the reasons why the
alternative was not approved.
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SECTION 19. Section 104.10 is hereby amended to read as follows:
104.10 Fire iInvestigations.
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 20. Section 104.11.4 is hereby added to read as follows:
104.11.4 Private Firefighting Resources.
Any private firefighting resource must possess a valid operational permit to
conduct firefighting operations, provide fire protection operations, or to apply resistive
treatment to structures or vegetation in an emergency area.
SECTION 21. Section 104.11.4.1 is hereby added to read as follows:
104.11.4.1 Requirement to Obey Orders.
Any private firefighting resource must obey all permit requirements, regulations,
and legal orders, including evacuation orders, given by the incident commander or
incident commander's designee within an emergency area.
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SECTION 22. Section 104.11.4.2 is hereby added to read as follows:
104.11.4.2 Required Check-in.
Upon arriving at the emergency area any private firefighting resource shall
check-in with the incident commander or incident commander's designee.
SECTION 23. Section 104.11.4.3 is hereby added to read as follows:
104.11.4.3 Permit Required.
A valid operational permit shall be obtained by private firefighting resources as
set forth in Section 105.6.
SECTION 24. Section 104.11.4.4 is hereby added to read as follows:
104.11.4.4 Permit Display.
Each private firefighting resource vehicle must display a copy of the valid private
firefighting resources permit in clear view from the exterior of the vehicle.
SECTION 25. Section 105.1.1.1 is hereby added to read as follows:
105.1.1.1 Payment of Permit Fees.
Full payment of any permit fees required by this code shall be made prior to
issuance of any permit required by this code, including but not limited to Section 105.
The amount of permit fees shall be set forth in Appendix Q to this code.
SECTION 26. Section 105.4.2 is hereby amended to read as follows:
105.4.2 Information on cConstruction dDocuments.
Construction documents shall be drawn to scale upon suitable materialon
substantial paper. Electronic media documents are allowed to be submitted when
approved by the fire code official. Construction documents shall be of sufficient clarity
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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 pa rcel 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.
SECTION 27. Section 105.4.4.2 is hereby added to read as follows:
105.4.4.2 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
once.
Once a construction document approval and any extension thereof has expired,
the applicant shall resubmit construction documents including plans, specifications, and
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computations. 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.
SECTION 28. Section 105.4.6 is hereby amended to read as follows:
105.4.6 Retention of cConstruction dDocuments.
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 state or local lawsSection 19850 of the California Health and Safety Code.
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 29. Section 105.6 is hereby amended to read as follows:
105.6 Required oOperational pPermits.
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 105.6.1 through 105.6.49.
SECTION 30. Section 105.6.1.1 is hereby added to read as follows:
105.6.1.1 Activities in Hazardous Fire Areas.
An operational permit is required for any of the activities as described in
Section 326.2 of this code.
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SECTION 31. Section 105.6.3.1 is hereby added to read as follows:
105.6.3.1 Battery System.
An operational permit is required to install or operate stationary lead-acid battery
systems having a liquid capacity of more than 100 gallons (378.5 L). See Chapter 6.
SECTION 32. Section 105.6.3.2 is hereby added to read as follows:
105.6.3.2 Bonfires or Rubbish Fires.
An operational permit is required to kindle or maintain or authorize the kindling or
maintenance of bonfires or rubbish fires. See Chapter 3.
SECTION 33. Section 105.6.10 is hereby amended to read as follows:
105.6.10 Covered and oOpen mMall bBuildings.
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 34. Section 105.6.15 is hereby amended to read as follows:
105.6.15 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
from the Fire Chief is required by the California Code of Regulations, Title 19, Division
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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: 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.
1. 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.
2. The possession, storage, sales, handling, and use of California State Fire
Marshal classified safe and sane fireworks as allowed by State law a nd local ordinance
in accordance with California Health and Safety Code Section 12541.1.
3. The possession, storage, sales, handling, 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.
SECTION 35. Section 105.6.17 is hereby amended to read as follows:
105.6.17 Flammable and cCombustible lLiquids.
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
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facilities where flammable and combustible liquids are produced, processed,
transported, stored, dispensed, or used. The applicant is required to pay the permit fee
amount shown in Section 5706.3.9 prior to permit issuance for a well.
. . .
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 36. Section 105.6.21 is hereby amended to read as follows:
105.6.21 Hazardous mMaterials.
An operational permit is required to store, transport on site, dispense, use, or
handle hazardous materials in excess of the amount listed in Table 105.6.21. In
addition, unified program facility permits required by Chapters 12.50, 12.52, and 12.64
of the County Code and full payment of permit fees shall be obtained prior to the
issuance of any fire code permit required by this code.
SECTION 37. Section 105.6.23 is hereby amended to read as follows:
105.6.23 High-pPiled cCombustible sStorage.
An operational permit is required to use a building or portion thereof as a
high-piled storage area exceeding 500 square feet (46 m 2). 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.
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SECTION 38. Section 105.6.28 is hereby amended to read as follows:
105.6.28 LP-gGas.
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-
gallons (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 individual non-portable outdoor
container with a 500-gallon (1893 L) water capacity or less, or multiple non-portable
outdoor containers or outdoor non-portable container systems having an aggregate
quantity not exceeding 500 gallons (1893 L) water capacity serving occupancies in
group R-3 on one premise.
b. A permit is not required for outdoor portable containers of less than
125-gallon (473.2 L) aggregate water capacity on one premise.
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
(1Kg) 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 allowed as per Section 6109.9 of this code.
2. Operation of cargo tankers that transport LP-gas.
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SECTION 39. Section 105.6.30.1 is hereby added to read as follows:
105.6.30.1 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
Regulations, Section 980.
SECTION 40. Section 105.6.35.1 is hereby added to read as follows:
105.6.35.1 Pallet Yards.
An operational permit is required to store, manufacture, refurbish, or otherwise
handle greater than 200 ft3 of combustible plastic or wood pallets in an outdoor yard.
SECTION 41. Section 105.6.35.2 is hereby added to read as follows:
105.6.35.2 Parade Floats.
An operational permit is required to use a parade float for public performan ce,
presentation, spectacle, entertainment, or parade. See Section 324.
SECTION 42. Section 105.6.36.1 is hereby added to read as follows:
105.6.36.1 Private Firefighting Resources.
An operational permit is required for any private firefighting resource to conduct
firefighting operations, provide fire protection operations, or to apply fire resistive
treatment to structures or vegetation in an emergency area.
SECTION 43. Section 105.6.38 is hereby amended to read as follows:
105.6.38 Pyrotechnic sSpecial eEffects mMaterial.
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
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seq. for additional requirements. For pyrotechnic and special effects used for motion
picture, television, and commercial productions, see Section 105.6.49(2).
SECTION 44. Section 105.6.39.1 is hereby added to read as follows:
105.6.39.1 Recreational Fire.
An operational permit is required for outdoor fire burning materials other than
rubbish, where the fuel is not contained as described in Chapter 3.
SECTION 45. Section 105.6.41.1 is hereby added to read as follows:
105.6.41.1 Rifle Range.
An operational permit is required to establish, maintain, or operate a rifle range.
SECTION 46. Section 105.6.42 is hereby amended to read as follows:
105.6.42 Rooftop Heliports and Emergency Helicopter Landing
Facility for High Rise Buildings.
An operational permit is required for the operation of a rooftop heliport , also
referred to in this code as an Emergency Helicopter Landing Facility for High Rise
Buildings.3
SECTION 47. Section 105.6.45.1 is hereby added to read as follows:
105.6.45.1 Temporary Sales Lots.
An operational permit is required prior to operating a Christmas tree or pumpkin
sales lot.
3 Helistops now called “Helicopter Landing Facilities”.
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SECTION 48. Section 105.6.49 is hereby amended to read as follows:
105.6.49 Additional pPermits.
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 fFacilities. 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-Pyrotechnics and sSpecial eEffects. To use pyrotechnic special effects,
open flame, hotwork, 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. The applicant is required to pay
the permit fee amount shown in Section 4803.4 prior to permit issuance.
3. Live aAudiences. 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 pro duction facility. The
applicant is required to pay the permit fee amount shown in Section 4803.4 prior to
permit issuance.
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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. The applicant is required to pay the annual permit fee amount shown in
Section 4803.4 prior to permit issuance.
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. The applicant is required to pay the permit fee
amount shown in Section 4803.4 prior to permit issuance.
SECTION 49. Section 105.7 is hereby amended to read as follows:
105.7 Required cConstruction pPermits.
The fire code official is authorized to issue construction permits for work as any
activities within the scope of this code, including but not limited to, those set forth in
Sections 105.7.1 through 105.7.18.
SECTION 50. Section 105.7.8.1 is hereby added to read as follows:
105.7.8.1 Fuel Modification Plan Review.
When required by this code, by other laws, or by other regulating agencies, fire
code official review is required prior to the installation of fire resistive landscaping.
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SECTION 51. Section 105.7.11.1 is hereby added to read as follows:
105.7.11.1 Land Development Plan Review.
When required by law or other agencies, fire code official review and approval 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.
SECTION 52. Section 105.7.12 is hereby amended to read as follows:
105.7.12 LP-gGas.
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 53. Section 105.7.13.1 is hereby added to read as follows:
105.7.13.1 Roof Gardens and Landscaped Roofs.
The fire code official shall review and approve in installation or modification of a
roof garden or a landscaped roof.
SECTION 54. Section 107.7 is hereby added to read as follows:
107.7 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
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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 55. Section 108 is hereby amended to read as follows:
108 BOARD OFAPPEALS
108.1 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 governing body and shall hold office at its pleasure. The fire code
official shall be an ex officio member of said board but shall have no vote on any matter
before the board. 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 (fire
marshal) pursuant to Section 108.2 of this code. A written appeal must be submitted no
later than 30 days after the applicant has notice of the decision being appe aled. The
fire marshal, after considering all the facts presented, including any communication 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,
7.2.a
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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 chief of
prevention, the deputy chief of operations, and the County's superintendant of building.
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 56. Section 108.2 is hereby amended to read as follows:
108.2 Limitations on aAuthority.
An applicationapplicant's for appeal shall be based on a claim that the intent of
this code or the rules legallyregulations adopted hereunder have been incorrectly
interpreted, that the provisions of this code do not fully apply, or that an equivalent
method of protection or safety iswas proposed by the applicant and was denied by the
fire code official. The board shall have no authorityappeals process shall not be used to
waive requirements of this code.
For an appeal regarding fuel modification plan requirements, an applicant must
use the appeals process as per Section 4908.2.
SECTION 57. Section 108.3 is hereby amended to read as follows:
108.3 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
explosions, hazardous conditions, or fire protection systems and are not employees of
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the jurisdictionthe deputy chief of prevention, the deputy chief of operations, and the
County's superintendent of building.
SECTION 58. Section 109.4 is hereby amended to read as follows:
109.4 Violation pPenalties.
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
misdemeanor unless such violation is declared to be an infraction by Chapter 82 of this
code, punishable by a fine of not more than $1,000 or by imprisonment not exceeding
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 59. Section 109.4.1 is hereby amended to read as follows:
109.4.1 Abatement of vViolation.
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,
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.
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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 60. Section 109.5 is hereby added to read as follows:
109.5 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 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 St ate 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
costs shall be a charge against that person, shall constitute a debt of that p erson, and is
collectible by the federal, State, County, public, or private agency, incurring those costs
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in the same manner as in the case of an obligation under a contract, expressed or
implied.
SECTION 61. Section 109.5.1 is hereby added to read as follows:
109.5.1 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 orig in.
Expenses reimbursable to the County or Fire District pursuant to this section are
a debt of the person liable therefore, 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.
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SECTION 62. Section 110.1.1 is hereby amended to read as follows:
110.1.1 Unsafe cConditions.
Structures or existing equipment that are or hereafter become unsafe or deficient
because of inadequate means of egress or which constitute a fire hazard, or are
otherwise dangerous to human life or the public welfare, or which 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. A vacant structure which is not secured against
unauthorized entry as required by Section 311 shall be deemed unsafe.
SECTION 63. Section 111.1 is hereby amended to read as follows:
111.1 Order.
Whenever 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 64. Section 111.4 is hereby amended to read as follows:
111.4 Failure to cComply.
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 liable to a fine of not less than [AMOUNT] dollars or more
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than [AMOUNT] dollarsfor 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 65. 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.
. . .
ASSESS. Shall mean any activity taken to determine health and safety risks to
the general public or the environment.
. . .
COMMISSIONER. Shall mean the Agricultural Commissioner/Director of
Weights and Measures for the County of Los Angeles.
. . .
CONSOLIDATED CONTINGENCY PLAN. Shall mean a document setting out
an organized, planned, and coordinated course of action to be followed in case of a fire,
explosion, or release of hazardous substance, which could threaten human health or
the environment.
. . .
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DEPARTMENT OF TOXIC SUBSTANCE CONTROL (DTSC). Shall mean a
Department in the California Environmental Protection Agency that is responsible for
managing and regulating hazardous waste in California.
. . .
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.
. . .
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.
. . .
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.
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. . .
FIRE- FLOW. See Appendix B, Section B 102.
FIRE HAZARD SEVERITY ZONES. See Section 4902.1.
. . .
FIRE WATCH. A temporary measure intended to ensure continuous and
systematic surveillance of a premise, 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 and notifying the Fire Department.
. . .
FLOATING LUMINARY is an unpiloted floating air borne device containing open
flaming or smoldering material capable of causing ignition to combustibles it may come
in contact with. Floating luminaries may also be referred to as sky lanterns, flying
lanterns, sky candles, and wish lanterns.
. . .
FUEL MODIFICATION. Shall mean any modification or removal of fuels to
reduce the likelihood of ignition or the resistance to fire control.
FUMIGATOR. Shall mean any person licensed by the Structural Pest Control
Act as an operator or as a structural pest control field representative who shall have
been qualified by the State of California Structural Pest Control Board in the category of
Pest Control.
. . .
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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, Section 66261.126, Appendix X.
. . .
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
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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 inciden ts involving
hazardous materials, supervising clean up of on-site and containment facilities, and for
declaring emergency response scenes safe for re-entry.
. . .
MALIBU-SANTA MONICA MOUNTAIN OR SAN GABRIEL SOUTHFACE
AREAS. See Appendix P, Section P103.
. . .
MOTOR VEHICLE FLUIDS are 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.
. . .
PRIVATE FIREFIGHTING RESOURCE. Any person, organization, association,
company, or corporation that provides or conducts firefighting operations, provides fire
protection operations, or applies fire-resistive treatment to structures or vegetation
within the jurisdiction of the Consolidated Fire Protection District of Los Angeles County
(District), unless that person, organization, association, company, or corporation is
formally under contract with the District to provide such services or is an employee or
contractor of a local, State, or federal firefighting agency while in the performance of
those duties. Nothing in this definition is intended to prohibit conduct which is
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authorized, or for which immunity is granted, under the California Good Samaritan
statutes or the California State Government Volunteers Act.
. . .
TRAINED 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.
. . .
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,
Chapter 12.52 of the County Code relating to the generation or handling of hazardous
waste or extremely hazardous waste, Chapter 12.64 of the County Code relating to
handling of hazardous materials or acutely hazardous materials, and those city codes or
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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 utility within a geographic
service area and the water utility is recognized by the Count y of Los Angeles Fire
Department.
WATER UTILITY SERVICE AREA. A geographic area in which a water utility
could provide the required fire flow from approved fire hydrants for firefighting purposes.
. . .
SECTION 66. Section 301.2 is hereby amended to read as follows:
301.2 Permits.
Permits shall be required as set forth in Section 105.6 for the activities or uses
regulated by Sections 306, 307, 308, and 315, 324, 326, and 328.
SECTION 67. Section 304.1.1 is hereby amended to read as follows:
304.1.1 Waste mMaterial.
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, or
ground-mounted photovoltaic array, or in any court, yard, vacant lot, alley, parking lot,
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open space, or beneath a grandstand, bleacher, pier, wharf, manufactured home,
recreational vehicle or other similar structure.
SECTION 68. 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 urban-wildland interface areas shall be
in accordance with Section 325 and Chapter 49 of this code.
SECTION 69. Section 304.2.1 is hereby added to read as follows:
304.2.1 Removal.
Combustible rubbish stored in containers outside of non-combustible 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 70. Section 306.2.1 is hereby added to read as follows:
306.2.1 Fire Extinguishers.
Two approved fire extinguishers with an approved water or water solution
extinguisher with a minimum 10-B:C rating shall be installed and maintained ready for
use in projection rooms, in accordance with NFPA 40.
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SECTION 71. Section 306.2.2 is hereby added to read as follows:
306.2.2 Smoking.
Smoking and other sources of ignition shall be prohibited within projection rooms
in which cellulose nitrate film is allowed. Conspicuous "NO SMOKING" signs shall be
posted in the room.
SECTION 72. Section 306.2.3 is hereby added to read as follows:
306.2.3 Projection Equipment.
Projection equipment or film which is in a hazardous condition shall not be used.
SECTION 73. 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 74. Section 307.6 is hereby added to read as follows:
307.6 Open Fires.
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 f ire, in the opinion of such
public officer, is necessary for:
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(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;
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 fire area of nine square feet, in locations outside of hazardous fire areas.
SECTION 75. 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
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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.
SECTION 76. Section 308.1.6.1.1 is hereby added to read as follows:
308.1.6.1.1 Floating Luminary Use.
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.
SECTION 77. 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 110 of this code relating to
structural or interior hazards shall be marked as required by Sections 311.5.1 through
311.5.5.
SECTION 78. 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
non-combustible construction less than 15 feet in height provided that they are
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grounded and bonded in accordance with California Code of Regulations, Title 24, Part
3, Article 250, ANSI/IEEE 142-1991, Recommended Practice for Grounding of Industrial
and Commercial Power Systems, 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 .
SECTION 79. Sections 320 - 323 are hereby reserved to read as follows:
SECTIONS 320 – 323 of Title 32 of the Los Angeles County Code are reserved.
SECTION 80. Section 324 is hereby added to read as follows:
324 PARADE FLOATS
324.1 Permit.
An operational permit is required to operate a parade float for a public
performance, presentation, spectacle, entertainment, or parade.
324.2 Decorative Material.
Decorative material on parade floats shall be non-combustible, made flame
retardant by application of a California State Fire Marshal listed treatment, or meet the
flame resistive requirements of the fire code official.
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.
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SECTION 81. 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, telephone, 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
lands, or lands covered with flammable growth shall maintain a clearance of the
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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, four (4) feet
(1.22 m);
For lines operating at 72,000 volts or more, but less than 110,000 volts,
six (6) feet (1.83 m); and
For lines operating at 110,000 volts or more, ten (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.
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
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of the owner thereof. For further exceptions, see Title 14, California Code of
Regulations, Sections 1250-57 inclusive.
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:
1. Place or store firewood, manure, compost, and other combustible
materials a minimum of 30 feet (9.14 m) from any building, structure, or apiary.
2. 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
of not less than 30 feet (9.14 m) on each side thereof, all flammable vegetation or other
combustible growth. This includes ornamental plants and trees known to be flammable,
including but not limited to acacia, cedar, cypress, eucalyptus, juniper, pine, and
pampas grass.
Exceptions:
1. 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.
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2. 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.
3. When the fire code official or commissioner finds that because of extra
hazardous conditions, a firebreak of only 30 feet (9.14 m) around such building,
structure, or apiary is not sufficient to provide reasonable fire safety, the person owning,
leasing, controlling, operating, or maintaining the building, structure, or apiary shall
maintain around or adjacent to any building, structure, or apiary an additional fire
protection or firebreak made by removing all brush, flammable vegetation, or
combustible growth located from 30 to 100 feet (9.14 to 30.48 m) from such building,
structure, or apiary, as may be required by the fire code official or commissioner. Grass
and other vegetation located more than 30 feet (9.14 m) from such building, structure,
or apiary and less than 18 inches (45.72 cm) in height above the ground, may be
maintained where necessary to stabilize the soil and prevent erosion.
4. That portion of any tree which extends within 10 feet (3.05 m) of the outlet
of any chimney shall be removed.
5. Maintain any tree adjacent to or overhanging any building, structure, or
apiary free of dead wood.
6. Maintain the roof of any building, structure or apiary free of leaves,
needles, or other dead vegetative growth.
7. 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
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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.
325.2.2 Extra Hazard.
The governing body finds that in many cases because of extra hazardous
situations, a firebreak around buildings, structures, or apiaries of only 30 feet (9.14 m) is
not sufficient and that a firebreak of 50 feet (15.24 m) or more 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, a 30-foot (9.14-m) firebreak 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 30 feet (9.14 m), but not to exceed
200 feet (60.96 m).
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
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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, 325.2.2, 325.3.2, 325.10, 503.2.1, 3104.21,
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.
325.3.4 Notice of Failure to Correct.
In the event any of the conditions prohibited by Sections 325.2.1, 325.2.2,
325.3.2, 325.10, 503.2.1, 3104.21, 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
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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, 325.2.2, 325.3.2, 325.10, 503.2.1, 3104.21, 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
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
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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, (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
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
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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 the
article. 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.
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.
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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.
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
report in writing to the governing body showing the cost of removing the vegetation from
each separate lot or parcel of land.
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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, shall
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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 noxio us 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, 325.2.2, 325.3.2, 325.10, 503.2.1,
3104.21, 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, 325.2.2, 325.3.2, 325.10, 503.2.1,
3104.21, 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
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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
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 82. Section 326 is hereby added to read as follows:
326 ACTIVITIES IN HAZARDOUS WILDLAND FIRE AREAS
326.1 Intent.
The unrestricted use of grass, grain, brush, or forest-covered land, in certain
hazardous fire portions of the jurisdictional area due to conditions tending to cause or
allow the rapid spread of fires which may occur on such lands, or because of the
inaccessible character of such lands, is 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 hazardous fire
area.
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326.2 Permit Required.
No person shall establish or conduct any of the following or similar activities in a
hazardous fire area without first securing a permit:
1. Recreational activities including, but not limited to, rifle ranges, carniva ls
and fairs, public assembly events, fireworks, 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 t he area.
326.5 Notification.
The applicant shall be notified by the fire code official of those facilities and all
fire protection safeguards necessary, and a permit shall not be issued until all such
facilities and safeguards have been provided.
326.6 Permit Stipulations.
The permit shall stipulate the conditions, precautions, limitations, and safeguards
necessary to conduct such activity with a reasonable degree of fire safety, and failure to
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comply with any condition, precaution, limitation, or safeguard stipulated shall be cause
for immediate revocation of the permit and cessation of the activity.
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. See
also Section 3104.20.
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.
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9. Such other conditions, limitations, or provisions necessary to maintain
reasonable fire safety.
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 hazardous f ire 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.
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326.11 Posting of Lands Closed to Entry.
Lands closed to entry shall be posted by the fire protection agency having
jurisdiction.
326.12 Spark Arresters Required.
326.12.1 Equipment.
No person shall use or operate in, upon, or within any hazardous fire area, any
tractor, construction equipment, engine, 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, incinerator, or
any heating appliance in which solid or liquid fuel is used, upon any building, structure,
or premises located within any hazardous fire area, shall be maintained with a spark
arrester constructed with heavy wire mesh or other non -combustible material with
openings not to exceed one-half inch (12.7 mm).
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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 hazardous fire area, except by the authorit y of a written permit from the fire
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.
1. Clearance of brush or vegetative growth from roadways shall be in
accordance with Section 325.10 of this code.
2. 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 hazardous
fire area. No person shall dump such materials in, upon, or along any trail, roadway, or
highway in any hazardous fire 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.
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326.16 Disposal of Ashes.
No person shall place, deposit, or dump any ashes or coals in or upon any
hazardous fire area except in the hearth of an established fire pit, camp stove, or
fireplace, or in a non-combustible container with a tight-fitting lid which is kept or
maintained in a safe location not less than 10 feet from any combustible vegetation or
structure, or where such ashes or coals are buried and covered with one foot of mineral
earth not less than 25 feet (7620 mm) 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 hazardous fire 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.
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326.19 Hazardous Warning Lights.
It shall be unlawful to maintain any torch or lantern utilizing an open flame along
any excavation, road, or any place where the dislodgment of such torch or lantern might
permit same to roll, fall, or slide on to any forest or brush -covered land, or any land
containing flammable material.
SECTION 83. Section 327 is hereby added to read as follows:
327 ADMINISTRATIVE FINES
327.1 Administrative Fine—Imposition.
Improved parcels found to be in violation of Sections 325.2.1 , 325.2.2, 325.10,
503.2.1, 3104.21, 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, non-compliance 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 410B) 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
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declared parcel will be mailed a declaration card specifying the abatement ac tions
required of the owner. The declaration card constitutes the first official notice to the
owner.
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 non-compliance 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
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
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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 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 imp osition 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.
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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.
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 84. Section 328 is hereby amended to read as follows:
328 LAND DEVELOPMENT AND ENVIRONMENTAL REVIEW
FEES
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 thei r fire
code. The applicable fees described herein shall be collected as a condition of approval
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for any land development project(s), orenvironmental documents, or permit review(s)
referred or submitted to the Fire Department for review.
SECTION 85. Section 328.1 is hereby amended to read as follows:
328.1 Tentative Tract Map Initial Review.
A fee shall be payable to the Fire Department upon the initial submittal of any
tentative tract map for the review and approval by the Fire Department. The amount of
the fee shall be $1,7752,445.00 for the first 10 lots, plus an additional amount for any
tentative tract map containing more than 10 lots, calculated in accordance with the
following:
a. An additional $1319.00 for each of the next 15 lots; plus
b. An additional $1319.00 for each of the next 25 lots; plus
c. An additional $914.00 for each of the next 50 lots; plus
d. An additional $710.00 for each of the next 900 lots; plus
e. An additional $46.00 for each lot in excess of 1000 lots.
SECTION 86. Section 328.2 is hereby amended to read as follows:
328.2 Revised Tentative Tract Map Filing Fees.
If prior to approval by the advisory agency or the legislative body of the County or
the city (if it has no advisory agency), the tentative map requires significant revision, the
subdivider shall pay to the Fire Department a fee of $252362.00 for the third major
revision and for each additional significant revised map thereafter.
328.2.1 If, subsequent to the approval of a tentative map by the
advisory agency or the legislative body of the County or the city (if it has no advisory
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agency), the subdivider requests a significant revision of the conditions of approval and
a revised tentative map is submitted for review and comment, the subdivider shall pay
the Fire Department a fee of $8401,172.00.
328.2.2 If a less than significant change is proposed to a tentative
map and a revised map is not required, the subdivider shall pay the Fire Department a
fee of $168594.00.
SECTION 87. Section 328.3 is hereby amended to read as follows:
328.3 Final Map Review Analysis (Tract Map).
328.3.1 A fee shall be payable to the Fire Department, upon the
submittal of any final tract map for review by the Fire Department. The amount of the
fee shall be as follows:
a. $365594.00 for each map consisting of 1–5 lots.
b. $441652.00 for each map consisting of 6–10 lots.
c. $541767.00 for each map consisting of 11–25 lots.
d. $630883.00 for each map consisting of 26–50 lots.
e. $7561,057.00 for each map consisting of 51 or more lots.
328.3.2 In addition to the fee specified in Section 328.3.1, a
supplemental review fee shall be payable to the Fire Department in the event that a final
tract map is submitted more than three times. The amount of the supplemental review
fee, payable upon the fourth and each subsequent submittal shall be $126189.00.
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SECTION 88. Section 328.4 is hereby amended to read as follows:
328.4 Tentative Parcel Map Initial Review.
A fee shall be payable to the Fire Department, upon the initial submittal of any
tentative parcel map for the review and approval by the Fire Department. The amount
of the fee shall be $7171,057.00.
SECTION 89. Section 328.5 is hereby amended to read as follows:
328.5 Tentative Parcel Map Revisions.
A fee shall be payable to the Fire Department upon the submittal for approval by
the Fire Department of any revisions to a tentative parcel map that has been previously
approved by the Fire Department. The amount of the fee shall be as follows:
a. $193304.00 for a revision to a tentative parcel map that has not been
approved by the advisory agency or the legislative body of the city (if it has no advisory
agency).
b. $357594.00 for a revised tentative parcel map that has previously been
approved by the advisory agency or the legislative body of the city (if it has no advisory
agency).
c. $126362.00 for an amendment to a tentative parcel map that has
previously been approved by the advisory agency or the legislative body of the city (if it
has no advisory agency) that is of a minor nature and where a revised map is not
required.
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SECTION 90. Section 328.6 is hereby amended to read as follows:
328.6 Final Map Review Analysis (Parcel Map).
328.6.1 A fee shall be payable to the Fire Department upon the
submittal of any final parcel map for approval by the Fire Department. The amount of
the fee shall be as follows:
a. $365594.00 for each map consisting of 1–4 parcels.
b. $441652.00 for each map consisting of 5–10 parcels.
c. $630883.00 for each map consisting of 11–50 parcels.
d. $7561,057.00 for each map consisting of 51 or more parcels.
328.6.2 In addition to the fee specified in Section 328.6.1, a
supplemental review fee shall be payable to the Fire Department in the event that a final
parcel map is submitted more than three times. The amount of the supplemental review
fee, payable upon the fourth and each subsequent submittal shall be $126189.00.
SECTION 91. Section 328.7 is hereby amended to read as follows:
328.7 Miscellaneous 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 follows:
a. $84131.00 for a request for a site plan review.
b. $168247.00 for a request for verification that the final tract or parcel map
complies with the applicable ordinances, conditions, and other requirements.
c. $258247.00 for a request for review of a proposed street vacation.
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d. $180247.00 for a request to review an application for a lot line adjustment.
e. $180247.00 for a request to review a water system that includes a
maximum of 10 hydrants. Where the water system includes more than 10 hydrants, the
amount of the fee shall be increased by an additional $3040.00 for each additional
hydrant beyond 10.
f. $104247.00 for a request for review of a water system plan.
g. $263362.00 for a request to review an application for a conditional use
permit.
h. $143212.00 for a request for review of a revision to a conditional use
permit application that has previously been approved by the Fire Department.
i. $84131.00 for a request for review of an appeal to the water appeals
board.
j. $180247.00 for a request for review of an application for a change of
zone.
k. $263362.00 for a request to review and approve an application for a
mobile home park or special occupancy park, including review of environmental impact
reports, new park development or continued use of an existing park.
l. $347478.00 for a request for review of a grading plan for fire lanes and
private driveways only.
m. $84247.00 for a request for review of a revised Exhibit A.
n. $185270.00 for a request for a grant of waiver.
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o. $168247.00 for a request for review of an application for a clean hands
waiver.
p. $171.00 for a certificate of compliance.
qp. $145.00 for a One Stop meeting.1
SECTION 92. Section 328.8 is hereby added to read as follows:
328.8 Environmental Document Reviews.
328.8.1 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, the applicant shall pay a minimum
deposit fee of $1,000.00 at the time of submittal to the Fire Department and such
supplemental fees and deposits as specified in Subsections 328.8.2 through 328.8.7 of
this section to complete the required review.2
328.8.2 If during the Fire Department's review process actual costs
incurred reach 80 percent of the amount on deposit, the applicant shall be notified and
required to submit a minimum supplemental deposit up to the amount of the initial
deposit. There is no limit to the number of supplemental deposits that may be required
prior to completion or withdrawal of the environmental review.
328.8.3 If an initial or supplemental deposit is not received within
30 days of notification that such deposit is due and payable, the Fire Department's
review shall be discontinued until such deposit is received.
1 Updated plan review fee adjusted higher.
2 Added new plan review fee.
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328.8.4 At the sole discretion of the applicant, the amount of an initial
or supplemental deposit may exceed the minimum amounts defined herein, except tha t
at no time shall such initial or supplemental deposit be less than the minimum deposit
amount set forth in Section 328.8.1.
328.8.5 The Fire Department's actual costs shall be computed on a
monthly basis and deducted from the amount on deposit. The costs shall be considered
final upon completion of the Fire Department's review process. If final costs do not
exceed the amount on deposit, the unused portion shall be refunded.
328.8.6 Should the application be withdrawn, costs to the date that
the Fire Department is advised of the withdrawal shall be computed, and the unused
portion of the amount on deposit shall be refunded.
328.8.7 Costs shall be computed using actual hours expended by
staff multiplied by the most current applicable hourly rates, approved by the County
Auditor-Controller, that are available at the time that costs are assessed. Cost data
used to determine fees shall be maintained by the Fire Department's business office
and made available for public review while work is in progress and for three years
following final action or withdrawal of the application.
SECTION 93. Section 328.9 is hereby amended to read as follows:
328.9 Oak Tree Permit Fees.
328.9.1 When an oak tree report is referred to the Fire Department
for review, pursuant to Section 22.56.2140, a fee shall be paid to the Fire Department
based on the number of trees identified for review in the oak tree report, as follo
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NUMBER OF TREES PERMIT
1–15 $245733.00
16–50 $314815.00
51–100 $5851,466.00
101–200 $6452,281.00
201–400 $7953,910.00
401–999 $1,1246,517.00
328.9.2 When the number of trees identified for review in the oak
tree report is 1,000 or more, the applicant shall pay directly to the Fire Department a
deposit of $1,0005,000.00 from which actual costs shall be billed and deducted.
328.9.2.1 If during the oak tree inspection process, actual costs
incurred reach 80 percent of the amount on deposit, the applicant shall be notified by
the Fire Department and required to submit a minimum supplemental deposit in the
amount of $1,0005,000.00 directly to the Fire Department. There is no limit to the
number of supplemental deposits that may be required to be submitted to the Fire
Department prior to completion or withdrawal of the inspection r eport.1
SECTION 94. Section 328.9.2.2 is hereby added to read as follows:
328.9.2.2 If an initial or supplemental deposit is not received by the
Fire Department within 30 days of notification that such deposit is due and payable, all
work shall be discontinued until such deposit is received.
1 Permit fee adjusted higher.
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SECTION 95. Section 328.9.2.3 is hereby added to read as follows:
328.9.2.3 At the sole discretion of the applicant, the amount of an initial
or supplemental deposit may exceed the minimum amount defined herein, except that
at no time shall such initial or supplemental deposit be less than the minimum
requirement.
SECTION 96. Section 328.9.2.4 is hereby added to read as follows:
328.9.2.4 The final oak tree inspection fee shall be based on actual
costs incurred by the Fire Department.
SECTION 97. Section 328.9.2.5 is hereby added to read as follows:
328.9.2.5 Costs shall be computed on a monthly basis and deducted
from the amount on deposit. The oak tree inspection fee shall be considered final upon
completion of the review process. If final costs do not exceed the amount on deposit,
the unused portion shall be refunded to the applicant.
SECTION 98. Section 328.9.2.6 is hereby added to read as follows:
328.9.2.6 Should the inspection request be withdrawn, costs to date
shall be computed, and the unused portion of the amount on deposit shall be refunded
to the applicant.
SECTION 99. Section 328.9.2.7 is hereby added to read as follows:
328.9.2.7 Costs shall be computed using actual hours expended by
Fire Department staff multiplied by the most current applicable hourly rates, approved
by the County Auditor-Controller, that are available at the time that costs are assessed.
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SECTION 100. Section 328.9.2.8 is hereby added to read as follows:
328.9.2.8 Cost data used to determine inspection fees shall be
maintained by the business office of the Fire Department and made available for public
review while work is in progress and for three years following final action or withdrawal
of the application.
SECTION 101. Section 328.10 is hereby added to read as follows:
328.10 Land Development Plan Reviews Located Within Fire
Hazard Severity Zones.
Land development plan check review and approvals located within the Very High
Fire Hazard Severity Zone (VHFHSZ) shall be performed in accordance with
Section 4908 of this code.
SECTION 102. Section 328.11 is hereby added to read as follows:
328.11 Annual Review of Fees.
The fees in Section 328 shall be reviewed annually by the Fire Department.
Beginning on July 1, 2008, and thereafter on each succeeding July 1, the amount of
each fee shall be adjusted as follows: calculate the percentage movement between
March of the previous year and March of the current year in the Consumer Price Index
(CPI) for all urban consumers in the Los Angeles, Anaheim, and Riverside areas, as
published by the United States Government Bureau of Labor Statistics. The adjusted
fee shall be rounded to the nearest dollar; provided, however, notwithstanding any of
the above, no fee shall exceed the cost of providing the service for which the fee is
collected.
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SECTON 103. Section 403.2.2.1 is hereby added to read as follows:
403.2.2.1 Emergency Notification.
When required by the fire code official, places of assembly shall be provided with
a method for notifying the Fire Department in the event of an emergency. This may be
a telephone or other method approved by the fire code official. Methods of notifying the
Fire Department shall be readily available to the public.
SECTION 104. Section 403.8.3.5 is hereby added to read as follows:
403.8.3.5 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 non-ambulatory 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.
SECTION 105. Section 403.12.3.4 is hereby added to read as follows:
403.12.3.4 Fire Safety Officers and 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 code 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.
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SECTION 106. Section 403.14 is hereby added to read as follows:
403.14 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 107. Section 404.2.1 is hereby amended to read as follows:
404.2.1 Fire eEvacuation pPlans.
Fire evacuation plans shall include the following:
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 hazardous wildland fire 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.
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SECTION 108. Section 404.2.2 is hereby amended to read as follows:
404.2.2 Fire sSafety pPlans.
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 109. 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.
SECTION 110. Section 405.10 is hereby added to read as follows:
405.10 Fire Drill.
In accordance with Table 405.2 of this code, a fire drill shall be conducted by the
fire safety director, or designee using the fire alarm system. The following
announcement shall be made over the public address system prior to and following the
test of the actual alarm system: "This is a test of the fire alarm system. No evacuation
from this floor or building is required." This announcement shall be repeated twice after
the fire alarm testing has been concluded.
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SECTION 111. Section 502.1 is hereby amended to read as follows:
502.1 Definitions.
The following terms are defined in Chapter 2.
. . .
AREA OF FIREFIGHTING OPERATIONS.
. . .
WATER UTILITY.
WATER UTILITY SERVICE AREA.
SECTION 112. Section 503.1.2 is hereby amended to read as follows:
503.1.2 Additional aAccess.
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 comply with Title 21 of the Los Angeles County Code.
SECTION 113. 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 for approved security gates in
accordance with Section 503.6, and an unobstructed vertical clearance of not less than
13 feet 6 inches (4115 mm)clear to the sky.
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Exception: A minimum vertical clearance of 13 feet 6 inches (4114.8 mm) may
be allowed for protected tree species adjacent to access roads. Any applicable tree -
trimming permit from the appropriate agency is required.
SECTION 114. 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 115. Section 503.2.5 is hereby amended to read as follows:
503.2.5 Dead-eEnds.
Dead-end fire apparatus access roads in excess of 150 feet (45720 mm) in
length shall be provided with an approved area fo r turning around fire apparatus.
Exception: For dead-end fire apparatus access roads between 151 feet and
300 feet in length, the fire code official may determine that the approved area for turning
around the fire apparatus can be met by requiring more stringent width, turning radius,
and grade specifications as per Sections 104.8, 503.2, 503.2.4, and 503.2.7 of this code
and when, in the opinion of the Fire Chief, firefighting or rescue operations would not be
impaired.
SECTION 116. Section 503.2.9 is hereby added to read as follows:
503.2.9 Area of Firefighting Operations.
The area of firefighting operations shall not be located underneath high-voltage
transmission lines.
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SECTION 117. Section 503.3 is hereby amended to read as follows:
503.3 Marking.
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
entrance to such road or 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 approved by the fire code official.
SECTION 118. 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 119. Section 503.4 is hereby amended to read as follows:
503.4 Obstruction of fFire aApparatus aAccess rRoads.
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
Section 503.2.1 and 503.2.2 shall be maintained at all times.
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SECTION 120. Section 503.4.1 is hereby amended to read as follows:
503.4.1 Traffic cCalming dDevices.
Traffic calming devices, including but not limited to, speed bumps and speed
humps, shall be prohibited unless approved by the fire code official.
SECTION 121. Section 503.7 is hereby added to read as follows:
503.7 Fire Apparatus Access Roads in Recreational Vehicle,
Mobile Home, and Manufactured Housing Sales Lots and Storage Lots.
Recreational vehicle, mobile home, and manufactured housing sales lots and
storage lots shall provide and maintain fire apparatus access roads in accordance with
Section 503.
503.7.1 Fire Apparatus Access Roads in Mobile Home 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 mobile home parks
and special occupancy parks. Mobile home 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.
SECTION 122. Section 504.5 is hereby added to read as follows:
504.5 Roof Top 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
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or egress in the event of fire or other emergency. Parapets shall not exceed 48 inche s
(1219.2 mm) on at least two sides of the building.
SECTION 123. Section 505.3 is hereby added to read as follows:
505.3 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 o n the wall of the
structure or on a mounting post independent of the structure.
SECTION 124. Section 506.1 is hereby amended to read as follows:
506.1 Where rRequired.
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. 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 is not required for access to the interior of a sleeping unit
or dwelling unit.
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SECTION 125. 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:
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 Co unty 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 fire code official's opinion, is adequate
for fire protection.
Exception: A certificate is not required for new or existing U occupancies with
less than 1,000 square feet of aggregate floor area.
SECTION 126. Section 507.2 is hereby amended to read as follows:
507.2 Type of wWater sSupply.
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
utility's service area and that receive a will-serve letter from the applicable water district
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or water utility shall obtain their water supply from that water district's or water utility's
system.
SECTION 127. 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, Mobile Homes, or Manufactured Housing, or in Mobile
Home Parks or Special Occupancy Parks.
New, or additions to existing, sales or storage lots of recreational vehicles,
mobile homes, or manufactured housing, mobile home 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, Special Occupancy
Parks, Chapter 2.2, Section 2300, et seq.
SECTION 128. Section 507.4.1 is hereby added to read as follows:
507.4.1 Private Fire Hydrant Test and Certification in Mobile
Home Parks and Special Occupancy Parks.
Private fire hydrants in mobile home parks and special occupancy parks shall be
tested and certified as required by California Code of Regula tions, Title 25, Division 1,
Chapter 2, Article 6, Section 1317 for mobile home parks and Division 1, Chapter 2.2,
Article 6, Section 2317 for special occupancy parks. Certification of such tests shall be
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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 129. Section 507.5.1.2 is hereby added to read as follows:
507.5.1.2 Pool Draft System in Fire Hazard Severity Zones.
New swimming pools and spas, 5,000 gallon (18925 L) or greater capacity,
constructed or installed in a Fire Hazard Severity Zone shall have a drain and discharge
line connected to a draft hydrant in accordance with the Los Angeles County Plumbing
Code, Title 28.
Exceptions:
1. Swimming pools constructed or installed with the bottom of the pool more
than 15 feet below the proposed draft hydrant connection elevation, measured
vertically, need not be provided with a draft hydrant system.
2. Properties that are adequately served by access roads that comply with
Fire Department regulations, and have a properly spaced fire hydrant capable of flowing
a minimum of 1,250 Gallons per Minute (GPM) (15,141.6 L/min) for two hours, may be
exempted.
3. For residential properties built before August 13, 1995, where, in the
opinion of the fire code official, there are practical geographic difficulties, the
requirement may be modified.
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SECTION 130. Section 507.5.5 is hereby amended to read as follows:
507.5.5 Clear sSpace aAround hHydrants.
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 131. 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.
SECTION 132. 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 133. 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.
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SECTION 134. Section 507.5.10 is hereby added to read as follows:
507.5.10 Draft System Identification Sign.
New or 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 135. Section 507.6 is hereby added to read as follows:
507.6 Above-Ground Water Control Valves Requirements.
Above-ground water control valves must comply with Section 901.6.3.
SECTION 136. Section 510.1 is hereby amended to read as follows:
510.1
. . .
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 system of the California Fire Code is provided.
2. Where it is determined by the fire code official that the radio coverage
system is not neededNew buildings that can demonstrate minimum radio
coverage signal strength throughout the interior of the building.
3. In facilities where emergency responder radio coverage is required and
such systems, components or equipment required could have a negative
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impact on the normal operations of that facility, the fire code official shall
have the authority to accept an automatically activated emergency
responder radio coverage system.
4. One- and two-family dwellings and townhouses.
5. Open parking garages with no subterranean portions.
SECTION 137. 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 138. Section 901.6 is hereby amended to read as follows:
901.6 Inspection, tTesting, and mMaintenance.
Fire detection, alarm, and extinguishing systems, mechanical smoke exhaust
systems, and smoke and heat vents shall be maintained in an operative condition at all
times, and shall be replaced or repaired where defective. Non -required fire protection
systems and equipment shall be inspected, tested, and maintained or removed.
Fire protection system equipment, including initiating devices, alarm notification
appliances, and annunciators shall not be concealed from view, obstructed, or impaired
in any manner.
. . .
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SECTION 139. Section 901.6.3 is hereby added to read as follows:
901.6.3 Above-Ground Water Control Valves.
901.6.3.1 Above-Ground Water Control Valve Signs.
Above-ground water control valves used for water based fire protection systems,
including private fire hydrant systems, shall have a permanent sign identifying areas or
systems controlled. Signs shall be metal, painted white with red letters a minimum of
one-inch high (25.4 mm) with 3/16-inch (.1875 mm) stroke, and shall be permanently
banded to the valve or permanently affixed to a wall.
901.6.3.2 Above-Ground Water Control Valve Supervision.
Above-ground water control valves used for water based fire protection systems,
including private service mains and appurtenances, shall be mechanically supervised by
locking the valve in the fully open position using a cable or chain and a non-case
hardened lock, or by other approved means, when the valve is not electrically
supervised. Detachable wrenches for post indicator valves shall be secured in place by
the use of a non-case hardened lock.
901.6.3.3 Above-Ground Water Control Valve Identification.
Above-ground water control valves used for water based fire protection systems,
including valves that are part of private service mains and appurtenances, 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.
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901.6.3.4 Clear Space Around Above-Ground Water Control
Valves.
A three-foot (914 - mm) clear space shall be maintained around the
circumference of above-ground water control valves used for water based fire protection
systems, including private fire hydrant systems, except as otherwise required or
approved.
SECTION 140. Section 901.7.4 is hereby amended to read as follows:
901.7.4 Preplanned iImpairment pPrograms.
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 141. Section 901.8.2 is hereby amended to read as follows:
901.8.2 Removal of eExisting oOccupant-uUse hHose lLines.
The fire code official is authorized to permit the removal of existing occupant -use
hose lines where all of the following conditions exist:
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1. Installation is not required by this code or the California Building Code.
2. The hose line would not be utilized by trained personnel or the Fire
Department.
3. The remaining outlets are compatible with local Fire Department fittings.
4. The area is provided with an approved fire sprinkler system.
SECTION 142. Section 903.2.11.7 is added to read as follows:
903.2.11.7 Occupancies in Fire Hazard Severity Zones and Within
the Malibu-Santa Monica Mountains or San Gabriel Southface Areas.
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
Malibu-Santa Monica Mountains or the San Gabriel Mountains Southface Areas, as
defined in Appendix P.
Exceptions:
1. Occupancies located in the San Gabriel Mountains Southface Area and
which are located three 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.
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
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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
200 square feet (19 m2) in area and separated from other structures by a minimum of
six 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 six feet (1829 mm) are
exempt from the fire sprinkler requirement.
5. Detached U occupancies, separated from other structures by a minimum
of six feet (1829 mm), built entirely out of non-combustible 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
the subdivision or the immediate community, or both, in a condition perilous to their
health or safety, or both.
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SECTION 143. 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 water-flow 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. One approved
exterior alarm visual device, located on the exterior of the building in an approved
location, shall be provided to indicate to emergency responders the general location of
an alarm annunciator. Where a building fire alarm system is installed, actuation of the
automatic sprinkler system shall actuate the building fire alarm system. Other Vvisible
alarm notification appliances shall not be required except when required by Section 907.
SECTION 144. Section 905.2.1 is hereby added to read as follows:
905.2.1 Class I Standpipes.
905.2.1.1 Construction.
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 two hours, but in no case shall the pressure
be less than 50 pounds per square inch (344.7 kPa) above the maximum working
pressure.
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905.2.1.2 Fire Department Connection.
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
located on the building address street front, not less than 24 inches (609.6 mm) or more
than 42 inches (1066.8 mm) above grade and shall be equipped with an approved
straight-way check valve and substantial plugs or caps. All Fire Department
connections shall be visible, accessible, and clearly marked with approved signage.
More than one Fire Department connection may be required. Fire Department
connection location shall meet the requirements in Section 912.2.1.
905.2.1.3 Outlets.
Each standpipe shall be equipped with an approved 2½-inch (63.5 mm) outlet not
less than two feet (609.6 mm) or more than four 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 145. Section 905.4 is hereby amended to read as follows:
905.4 Location of Class I sStandpipe hHose cConnections.
Class I standpipe hose connections shall be provided in all of the following
locations:
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1. In every required interior exit stairway, a hose connection shall be
provided for each story above or below grade plane. Hose connections shall be located
at an intermediate floor level the main stair landing between stories, unless otherwise
approved by the fire code official. See Section 909.20.3.2 of the C alifornia Building
Code for additional provisions in smokeproof enclosures.
. . .
SECTION 146. Section 905.5.3 is hereby amended to read as follows:
905.5.3 Class II sSystem 1½-inch hHose.
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. Class II interior wet standpipes shall be
equipped with a 1½-inch (38.1-mm) valve, no more than 100 feet (30.48 m) of lined
hose, and an approved fog nozzle in each story, including the basement or cellar of the
building, and located not less than three feet (914.4-mm) or more than five feet (1.52 m)
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 two -inch (50.8-mm)
connecting line.
SECTION 147. Section 905.6.1 is hereby amended to read as follows:
905.6.1 Protection.
Risers and laterals of Class III standpipe systems shall be protected as required
for Class I systems in accordance with Section 905.4.1.
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Exceptions:
1. In buildings equipped with an approved automatic sprinkler system, risers
and laterals which are not located within an enclosed stairway or pressurized enclosure
need not be enclosed within fire-resistive construction.
2. Laterals for Class II outlets on Class III systems need not be protected.
SECTION 148. Section 905.6.1.1 is hereby added to read as follows:
905.6.1.1 Size.
Class III standpipe systems shall be not less than six inches (152.4 mm) in
diameter.
SECTION 149. Section 905.9 is hereby amended as follows:
905.9 Riser Shutoff Valve sSupervision and Drain.
Each individual riser must be equipped with an 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 also be transmitted to the control unit.
. . .
SECTION 150. Section 906.1 is hereby amended to read as follows:
906.1 Where rRequired.
Portable fire extinguishers shall be installed in 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-3.1,
R 4, and S occupancies.
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Exception: InW hen 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 where each dwelling unit is provided with a portable fire extinguisher
having a minimum rating of 1-A:10-B:C.
. . .
SECTION 151. Section 907.5.2.3.5 is hereby added to read as follows:
907.5.2.3.5 Exterior Alarm Notification.
One approved exterior alarm visual device, located on the exterior of the building
in an approved location, shall be provided to indicate to emergency responders the
general location of an alarm annunciator.
SECTION 152. Section 910.2 is hereby amended to read as follows:
910.2 Where rRequired.
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
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50 (m · S)1/2 or less that are listed to control a fire in stored commodities with 12 or
fewer sprinklers.
SECTION 153. Section 910.2.1.1 is hereby added to read as follows:
910.2.1.1 Group S-2.
Buildings and portions thereof containing a basement level enclosed parking
garage exceeding 12,000 square feet (1108 m2).
SECTION 154. Section 910.3 is hereby amended as follows:
910.3 Smoke and heat ventsDesign and Installation.
The design and installation of smoke and heat vents and draft curtains shall be
in accordance withas specified in Sections 910.3.1 through 910.3.3910.3.5.2 and
Table 910.3.
SECTION 155. Section 910.3.2 is hereby amended as follows:
910.3.2 Smoke and heat vent locationsVent Operation.
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 and structural members.Smoke and heat vents shall have the capability of
being opened automatically and by an approved exterior manual operation. Automatic
operation of smoke and heat vents shall conform to the provisions of Sections 910.3.2.1
through 910.3.2.3.
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SECTION 156. Section 910.3.2.1 is hereby added as follows:
910.3.2.1 Gravity-Operated Drop-Out Vents.
Automatic smoke and heat vents containing heat-sensitive glazing designed to
shrink and drop out of the vent opening when exposed to fire shall fully open within
five minutes after the vent cavity is exposed to a simulated fire, represented by a
time-temperature gradient that reaches an air temperature of 500°F (260°C) within
five minutes.
SECTION 157. Section 910.3.2.2 is hereby added as follows:
910.3.2.2 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 910.3.2.2.3.
910.3.2.2.1 Automatic Operation.
Smoke and heat vents shall be designed to operate automatically.
910.3.2.2.2 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.
910.3.2.2.3 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
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mechanism with a minimum temperature rating of 360ºF (182ºC) or 100ºF (56ºC) above
the operating temperature of the sprinklers, whichever is higher.
SECTION 158. Section 910.3.2.3 is hereby added as follows:
910.3.2.3 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 159. Section 910.3.3 is hereby amended as follows:
910.3.3 Smoke and heat vents areaVent Dimensions.
The required aggregate area of smoke and heat vents shall be calculated as
follows:
For buildings equipped throughout with an automatic sprinkler system in
accordance with Section 903.3.1.1:
A VR =V/9000 (Equation 9 -4)
where:
A VR = The required aggregate vent area (ft 2).
V = Volume (ft 3 ) of the area that requires smoke removal.
For unsprinklered buildings:
A VR = A FA/50 (Equation 9 -5)
where;
A VR = The required aggregate vent area (ft 2 ).
A FA = The area of the floor in the area that requires smoke removal.
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The effective venting area shall not be less than 16 square feet (1.5 m2) with no
dimension less than four feet (1219 mm), excluding ribs or gutters having a total width
not exceeding six inches (152.4 mm).
SECTION 160. Section 910.3.4 is hereby added as follows:
910.3.4 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, draft
curtain location, sprinkler location, and structural members.
SECTION 161. Section 910.3.5 is hereby added as follows:
910.3.5 Draft Curtains.
Where required by Table 910.3, draft curtains shall be installed on the underside
of the roof in accordance with this section.
Exception: Where areas of buildings are equipped with ESFR sprinklers, draft
curtains shall not be provided within these areas. Draft curtains shall only be provided
at the separation between the ESFR sprinklers and the non-ESFR sprinklers.
910.3.5.1 Construction.
Draft curtains shall be constructed of sheet metal, lath and plaster, gypsum board
or other approved materials that provide equivalent performance to resist the passage
of smoke. Joints and connections shall be smoke tight.
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910.3.5.2 Location and Depth.
The location and minimum depth of draft curtains shall be in accordance with
Table 910.3.
SECTION 162. Table 910.3 is hereby added as follows:
Table 910.3
Requirements for Draft Curtains and Smoke and Heat Ventsa
OCCUPANCY GROUP
AND COMMODITY
CLASSIFICATION
DESIGNATED
STORAGE
HEIGHT (feet)
MINIMUM DRAFT
CURTAIN DEPTH
(feet)
MAXIMUM AREA
FORMED BY DRAFT
CURTAINS
(square feet)
VENT-AREA-
TO FLOOR-
AREA RATIOc
MAXIMUM
SPACING OF
VENT CENTERS
(feet)
MAXIMUM
DISTANCE
FROM
VENTS TO
WALL OR
DRAFT
CURTAINb
(feet)
Group F-1 and S-1 — 0.2 × Hd but 4 50,000 1:100 120 60
High-piled storage (see
Section 910.2.2)
Class I-IV Commodities
(Option 1)
20 6 10,000 1:100 100 60
> 20 40
6
8,000
1:75
100
55
High-piled storage (see
Section 910.2.2)
Class I-IV Commodities
(Option 2)
20
4
3,000
1:75
100
55
20 40
4
3,000
1:50
100
50
High-piled storage (see
Section 910.2.2)
High-hazard
Commodities
(Option 1)
20
6
6,000
1:50
100
50
20 30
6
6,000
1:40
90
45
High-piled storage (see
Section 910.2.2)
High-hazard
Commodities
(Option 2)
20
4
4,000
1:50
100
50
20 30
4
2,000
1:30
75
40
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Additional requirements for rack storage heights in excess of those indicated shall be in accordance with Chapter 32. For solid-piled storage
heights in excess of those indicated, an approved engineered design shall be used.
b. Vents adjacent to walls or draft curtains shall be located within a horizontal distance not greater than the maximum distance specified in this
column as measured perpendicular to the wall or draft curtain that forms the perimeter of the draft curtained area.
c. Where draft curtains are not required, the vent area to floor area ratio shall be calculated based on a minimum draft curtain depth of six feet
(Option 1).
d. “H” is the height of the vent, in feet, above the floor.
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SECTION 163. Section 910.4.3 is hereby amended to read as follows:
910.4.3 System dDesign cCriteria.
The mechanical smoke removal system shall be sized to exhaust the building at
a minimum rate of two air changes per hour based upon 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/sec).
SECTION 164. 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.4
SECTION 165. Section 912.2.1 is hereby amended to read as follows:
912.2.1 Visible lLocation.
Fire Department connections shall be located on the street address side of
buildings, within 150 feet (via vehicular access) of an accessible public fire hydrant, and
as close to the street curb face as possible, fully visible, and recognizable from the
street or nearest point of Fire Department vehicle access or as otherwise approved by
4 More restrictive smoke and heat vent requirements added.
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the Fire Chief. Fire Department connections shall be located a minimum of 25 feet
(7620 mm) from the structure. When this distance cannot be achieved, a minimum two -
hour, fire-resistive wall shall be provided for the structure with no openings in the wall,
25 feet (7620 mm) in either direction from the Fire Department connection.
SECTION 166. Section 912.5 is hereby amended to read as follows:
912.5 Signs.
A metal sign with raised letters at least 1one inch (25 mm) in size shall be
mounted on all Fire Department connections serving automatic sprinklers, standpipes,
or fire pump connections. Such signs shall read: "AUTOMATIC SPRINKLERS" or
"STAND PIPES" or "TEST CONNECTION" or a combination thereof as applicable. The
sign shall indicate the street addresses of buildings the Fire Department connection
serves. Where the Fire Department connection does not serve the entire building, a
signs shall be provided indicating the portions of the building served. For a system
where the required pumping pressure is greater than 150 psi, (1034.21 kpa) the sign
shall indicate the required pumping pressure.
SECTION 167. Section 912.8 is hereby added to read as follows:
912.8 Identification.
Fire Department connections shall be 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.
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SECTION 168. 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 169. 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 170. Section 1009.9.1 is hereby added to read as follows:
1009.9.1 Signage for High-Rise Buildings.
Signs shall be posted in a conspicuous place on every floor of the high-rise
building and elsewhere as required by the Fire Department. Such signs shall inclu de
the heading: "IN CASE OF FIRE OR EMERGENCY DO NOT USE ELEVATORS" and
give directions to all emergency fire exits from that floor. If fire safety refuge areas are
provided on that floor, the signs shall give directions to that area. All such lettering shall
be in letters at least one inch (25 mm) high and contrasting color.
Exception: Occupant evacuation elevators installed in accordance with
Section 403.6.2 of the Building Code.
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SECTION 171. Section 2007.9 is hereby added to read as follows:
2007.9 Emergency Helicopter Landing Facility for High-Rise
Buildings.
An approved Emergency Helicopter Landing Facility (EHLF) shall be provided on
the roof of any high-rise building exceeding 12 stories or 120 feet above the lowest level
of Fire Department access hereinafter constructed. It shall be designed and
constructed in accordance with the Los Angeles County Building Code and Title 24 of
the California Code of Regulations.3
SECTION 172. Section 2007.10 is hereby added to read as follows:
2007.10 Helistops in Fire Hazard Severity Zones.
2007.10.1 Surface.
When required by the fire code official, a graded 100-foot (30.48 m) x 100-foot
(30.48 m) pad shall be covered with reinforced concrete, with a minimum depth of six
inches (152.4 mm), capable of supporting 42,000 pounds (19050.88 kg).
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 shall be provided in accordance with Section 503.
3 Helicopter Landing Facilities only required in 12 or more stories.
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SECTION 173. 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 174. Section 2204.2 is hereby added to read as follows:
2204.2 Separators.
Approved magnetic or pneumatic separators shall be installed ahead of shellers,
crackers, crushers, grinding machines, pulverizers, and similar machines in which the
entrance of foreign materials could cause sparks to be generated.
SECTION 175. Section 2204.3 is hereby added to read as follows:
2204.3 Dust Collection.
Suitable dust-collecting equipment shall be installed on all dust-producing
machinery and interlocked with the machinery power supply so that the machinery
cannot be operated without the dust-collection equipment also operating.
SECTION 176. Section 2204.4 is hereby added to read as follows:
2204.4 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
the Electrical Code. Machinery and metal parts of crushing, drying, pulverizing, and
conveying systems shall be electrically grounded in accordance with the Electrical
Code.
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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 177. Section 2404.4 is hereby amended to read as follows:
2404.4 Fire pProtection.
Spray booths and spray rooms shall be protected by an approved automatic
fire-extinguishing system complying with Chapter 9. Protection shall also extend to
exhaust plenums, exhaust ducts, and both sides of dry filters when 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 178. Section 2408.5 is hereby amended as follows:
2408.5 Sources of iIgnition.
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 non-sparking tools shall be used in areas where organic
peroxides are stored, mixed, or applied.
SECTION 179. Section 2504.6 is hereby added to read as follows:
2504.6 Smoking.
NO SMOKING signs shall be posted at every entrance, in compliance with
Section 310.3, and smoking shall be prohibited in ripening rooms.
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SECTION 180. Section 2602.1 is hereby amended to read as follows:
2602.1 Definitions.
The following terms are defined in Chapter 2.
FUMIGANT.
FUMIGATION.
FUMIGATOR.
INSECTICIDAL FOGGING.
SECTION 181. 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 304.1.
SECTION 182. Section 2810 is hereby added to read as follows:
2810 STORAGE OF COMBUSTIBLE IDLE PALLETS
2810.1 General.
Storage of combustible idle pallets shall be in accordance with this section.
2810.2 Storage Location.
Pallets shall be stored outside or in a separate building designed for pallet
storage unless stored indoors in accordance with Section 2810.3.
2810.3 Indoor Storage.
Pallet storage in a building used for other storage or other purpose shall be in
accordance with the provisions for high-hazard commodity high-piled combustible
storage contained in Chapter 32.
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Exception: When indoor storage does not exceed six feet (1.8 m) in height and
the aggregate volume of all stored pallets does not exceed 2,500 cubic feet (70.8 m 3).
2810.4 Outdoor Storage.
Pallets stored outside shall be stored in accordance with Table 2810.4.1 and
Table 2810.4.2 and Sections 2810.5 and 2810.6.
Table 2810.4.1
Required Clearance Between Outside Idle Pallet Storage and Other Yard Storage
Pile Size Minimum Distance, in feet (m)
Under 50 pallets 20 (6.1 m)
50--200 pallets 30 (9.2 m)
Over 200 pallets 50 (15.2 m)
Table 2810.4.2
Required Clearance Between Outside Idle Pallet Storage and Structures
Wall Construction Minimum distance of wall from
storage, in feet (m)
Under 50
Pallets
50 to 200
Pallets
Over 200
Pallets
Masonry or concrete with no
openings
0 0 15 (4.6 m)
Masonry with wired glass in
openings, outside sprinklers and 1-
hour doors
0 10 (3.1 m) 20 (6.1 m)
Masonry with wired or plain glass,
outside sprinklers, and 3/4-hour
doors
10 (3.1 m) 20 (6.1 m) 30 (9.2 m)
Wood or metal with outside sprinklers 10 (3.1 m) 20 (6.1 m) 30 (9.2 m)
Wood, metal, other 20 (6.1 m) 30 (9.2 m) 50 (15.2 m)
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SECTION 183. Section 2810.5 is hereby added to read as follows:
2810.5 Outdoor Pile Dimensions.
Pallet stacks shall not exceed 15 feet (4.6 m) in height nor shall cover an area
greater than 500 square feet (46.5 m2). Pallet stacks shall be arranged to form stable
piles. Piles shall be separated by a minimum of 8 feet (2.5m). Piles shall be a minimum
of 10 feet (3.1 m) from property lines.
SECTION 184. Section 2810.6 is hereby added to read as follows:
2810.6 Fire Department Access.
Fire Department access roadways shall be provided and maintained, in
accordance with Section 503.
SECTION 185. Section 3104.21 is hereby amended to read as follows:
3104.21 Combustible vVegetation.
Combustible vegetation that could create a fire hazard shall be removed from the
area occupied by a tent or membrane structure, and from areas withi n 30 feet
(9144 mm) of such structures. When a tent or membrane structure has a capacity of
10 or more people, combustible vegetation shall be removed from areas within 50 feet
of such structures. When a tent or membrane structure is located in a hazardous fire
area, combustible vegetation shall be removed from areas within 50 feet from such
structures or from areas within up to 200 feet from such structures when required by the
fire code official.
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SECTION 186. Section 3201.2 is hereby amended to read as follows:
3201.2 Permits.
A permit shall be required as set forth in Section 105.6. Prior to approval of
storage racks, a building permit is required in occupancies regulated by this chapter.
Proof of all required permits and all engineering calculations 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 187. 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 3206.4)
ALL STORAGE AREAS
(See Sections 3206, 3207 and 3208)b
SOLID-PILED STORAGE, SHELF
STORAGE AND PALLETIZED STORAGE
(see Section 3207.3)
Automatic
fire-
extinguishing
system
(see
Section
3206.4)
Fire
detection
system
(see Section
3206.5)
Building
access
(see Section
3206.6)
Smoke and
heat
removal
(see
Section
3206.7)
Draft curtains
(see Section
3206.7)
Maximum
pile
dimension
c (feet)
Maximum
permissible
storage
heightd
(feet)
Maximum
pile
volume
(cubic feet)
I-IV 0-500 Not
Requireda
Not
Required
Not
Requirede
Not
Required Not Required Not
Required
Not
Required
Not
Required
501-2,500 Not
Requireda Yesi
Not
Requirede
Not
Required Not Required 100 40 100,000
2,501-12,000
Public accessible Yes
Not
Required
Not
Requirede
Not
Required Not Required 100 40 400,000
2,501-12,000
Nonpublic
accessible
(Option 1)
Yes Not
Required
Not
Requirede
Not
Required Not Required 100 40 400,000
2,501-12,000
Nonpublic
accessible
(Option 2)
Not
Requireda
Yes Yes Yes Yes 100 30f 200,000
12,001-20,000 Yes Not
Required Yes Yes Not Required 100 40 400,000
20,001-500,000
Yes
Not
Required Yes Yes Not Required 100 40 400,000
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COMMODITY
CLASS
SIZE OF
HIGH-PILED
STORAGE
AREAa
(square
feet) (see
Sections
3206.2
and 3206.4)
ALL STORAGE AREAS
(See Sections 3206, 3207 and 3208)b
SOLID-PILED STORAGE, SHELF
STORAGE AND PALLETIZED STORAGE
(see Section 3207.3)
Automatic
fire-
extinguishing
system
(see
Section
3206.4)
Fire
detection
system
(see Section
3206.5)
Building
access
(see Section
3206.6)
Smoke and
heat
removal
(see
Section
3206.7)
Draft curtains
(see Section
3206.7)
Maximum
pile
dimension
c (feet)
Maximum
permissible
storage
heightd
(feet)
Maximum
pile
volume
(cubic feet)
Greater
than
500,000g
Yes Not
Required Yes Yes Not Required 100 40 400,000
High
hazard
0-500 Not
Requireda
Not
Required
Not
Requirede
Not
Required Not Required 50 Not
Required
Not
Required
501-2,500
Public accessible Yes Not
Required
Not
Requirede
Not
Required Not Required 50 30 75,000
501-2,500
Nonpublic
accessible
(Option 1)
Yes Not
Required
Not
Requirede
Not
Required Not Required 50 30 75,000
501-2,500
Nonpublic
accessible
(Option 2)
Not
Requireda
Yes Yes Yes Yes 50 20 50,000
2,501-300,000 Yes Not
Required
Yes Yes Not Required
50 30 75,000
300,001-
500,000g, h
Yes Not
Required
Yes Yes Not Required
50 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 3206.9.
c. Piles shall be separated by a minimum of 96-inch aisles complying with Section 3206.9.
d. For storage in excess of the height indicated, special fire protection shall be provided in accordance with Note g where required by the fire code
official. See Chapters 51 and 57 for special limitations for aerosols and flammable and combustible liquids, respectively.
e. Section 503 shall apply for fire apparatus access.
f. For storage exceeding 30 feet in height, Option 1 shall be used.
g. 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 additional Fire Department hose connections s hall be provided when
required by the fire code official.
h. High-piled storage areas shall not exceed 500,000 square feet. A 2two-hour fire wall constructed in accordance with Section 706 of the
International Building Code shall be used to divide high-piled storage exceeding 500,000 square feet in area.
i. 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.
j. Not required where storage areas 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 co mmodities with 12 or fewer
sprinklers, installed in accordance with NFPA 13.
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SECTION 188. Section 3206.7 is hereby amended to read as follows:
3206.7 Smoke and hHeat rRemoval.
Where smoke and heat removal are required by Table 3206.2 , smoke and heat
vents it shall be provided in accordance with Section 910. Where draft curtains are
required by Table 3206.2, they shall be provided in accordance with Section 910.3.5.4
SECTION 189. Section 3312.2 is hereby added to read as follows:
3312.2 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 190. Section 3501.3 is hereby amended to read as follows:
3501.3 Restricted aAreas.
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
conducted in the following areas unless approval has been obtained from the fire code
official:
. . .
4 Added more restrictive requirements for smoke and heat venting.
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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 191. Section 3505.9 is hereby added to read as follows:
3505.9 Backflash Prevention.
Approved protective devices shall be installed in the fuel gas and oxygen lines to
prevent backflash in the fuel system and backflow in the fuel and oxygen system in
accordance with nationally recognized saf e practices.
SECTION 192. 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 193. 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.
3604.2.2.1 Hose Stations.
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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." Listed equipment shall be used. Each hose station shall be provided with a
2½-inch (63.5 mm) fire hose valve with a 2½ x 1½ reducer and a maximum 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 (.3785 m3) at the most remote hose
station valve outlet, using a maximum 150 psi (1034.21 kpa) at the Fire Department
inlet connection.
SECTION 194. Section 4801.3 is hereby amended to read as follows:
4801.3 Definitions.
. . .
APPROVED PRODUCTION FACILITY. An existing building, or portion of a
building, or a group of buildings altered for use by the entertainment industry for the
purpose of motion picture, television, and commercial production.
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.
. . .
SECTION 195. Section 4803.2 is hereby amended to read as follows:
4803.2 Additional pPermits.
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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 105.6 of this code.
SECTION 196. Section 4803.4 is hereby amended to read as follows:
4803.4 Permit Fees.
Permit fees for permits required by Section 4803.2 and Section 105.6 shall be
collected for the issuance of the following permits:
1. Motion picture, television, commercial, and related productions filming.
The permit fee shall be $282.00.
2. Motion picture, television, commercial, and related production filming-Fuel-
dispensing trucks and vehicles. The annual permit fee shall be $223208.00.
3. Motion picture, television, commercials, and related production
filming-Pyrotechnics and special effects. The permit fee shall be $288.00.
4. Commercial still photography production outside of an approved
production facility and where the on-site cast and crew numbers fifteen (15) or more
persons. The permit fee shall be $277.00.
SECTION 197. 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
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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 198. Section 4811.9 is hereby amended to read as follows:
4811.9 Fire dDepartment aAccess.
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.
SECTION 199. 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 Fire Area. It describes ways to
minimize and mitigate potential for loss from wildfire exposure.
The Fire Protection Plan shall be in accordance with this ArticleChapter. When
required by the enforcing agencyfire code official for the purposes of granting
modifications, a fire protection plan shall be submitted. Only locally adopted ordinances
that have been filed with the California Building Standards Commission in accordance
with Section 101.14 or the Department of Housing a nd Community Development in
accordance with Section 101.15 shall apply.
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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 P for the designations within the County
of Los Angeles.
. . .
FUEL MODIFICATION PLAN. A fuel modification plan shall consist 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, State licensed landscape contractor, a landscape designer, or an
individual with expertise acceptable to the Forestry Division of the Fire Department.
. . .
STRUCTURE. That which is built or constructed, an edifice or building of any
kind or any piece of work artificially built or composed of parts joined together in some
definite manner, except any mobile home as defined in Health and Safety Code Section
18008, manufactured home, as defined in Health and Safety Code Section 18007,
special purpose commercial coach, as defined in Health and Safety Code Section
18012.5, and recreational vehicle, as defined in Health and Safety Code Section 18010.
SECTION 200. Section 4905.2 is hereby amended to read as follows:
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4905.2 Construction mMethods and rRequirements wWithin
eEstablished lLimits.
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 California Building StandardsLos Angeles County
Building Code including the following:
1. CaliforniaLos Angeles County Building Code, Chapter 7A.
2. CaliforniaLos Angeles County Residential Code, Section R327.
3. CaliforniaLos Angeles County Referenced Standards Code, Chapter 12-
7A and this chapter.
SECTION 201. Section 4907.1 is hereby amended to read as follows:
4907.1 General.
Defensible space will be maintained around all buildings and structures in State
Responsibility Area (SRA) as required in Public Resources Code 4290 and "SRA Fire
Safe Regulations" California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Section 1270.
Buildings and structures within the Very High Fire Hazard Severity Zones of a
Local Responsibility Areas (LRA) shall maintain defensible space as outlined in
Government Code 51175 - 51189, Chapter 3 of this code and any local ordinance of the
authority having jurisdiction.
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SECTION 202. Section 4908 is hereby added to read as follows:
4908 FUEL MODIFICATION
4908.1 Fuel Modification Plan in Fire Hazard Severity Zones.
A fuel modification plan shall be submitted and have preliminary approval prior to
any subdivision of land; or, have final approval prior to the issuance of a permit for any
permanent structure used for habitation; 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,
applicable Fire Hazard Zone maps, and Appendix M of this code at the time of
application.
Preliminary approval:
A. Subdivisions (under five lots).
B. Tentative tract maps (five lots or greater).
C. Coastal Development Permits (CDP).
Final approval:
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).
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B. Remodel, reclassification, modification or reconstruction:
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. To the issuance of a permit for any structure that changes
occupancy classification from any other class to Group R (residential) occupancy.
C. Exemptions:
1. Structures that do not require a building permit; or
2. Are constructed of non-combustible 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, and compliance with Sections 325.2.1,
325.2.2, 325.10, and 503.2.1 of this code, the Fire Department's fuel modification
guidelines, and 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
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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 R327.1.5 (Vegetation management
compliance).
SECTION 203. Section 4908.1.1 is hereby added to read as follows:
4908.1.1 Plan Modification.
Any modification to an approved fuel modification landscape plan or ad dition 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 204. Section 4908.1.2 is hereby added to read as follows:
4908.1.2 Penalties.
An owner of a property found to be in non -compliance 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.
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SECTION 205. Section 4908.2 is hereby added to read as follows:
4908.2 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 the appeals process.
SECTION 206. Section 4908.3 is hereby amended to read as follows:
4908.3 Fuel Modification Plan Check 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. For the purpose of this section, any tent, yurt, or trailer subject
to fuel modification plan review will be considered a structure and fees will be based on
the intended use. The amount of the plan check fee, for each such plan, shall be
calculated in accordance with the following:
$480.00575.46 for barns, garages, accessory structures; or
$557.00667.48 for new residential, commercial, or industrial structures less than
2,500 square feet in total area, or additions/modifications to existing residential,
commercial, or industrial structures which increase the total square footage or footprint
by 50 percent or more and which addition/modification or occupancy type change is less
than 2,500 square feet in total area; or
$645.00773.49 for new residential, commercial, or industrial structures equal to
or greater than 2,500 square feet in total area, or additions/modifications to existing
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residential, commercial, or industrial structures which increase the total square footage
or footprint by 50 percent or more and which addition/modification or occupancy type
change is equal to or greater than 2,500 square feet in total area. New single-family
residential structures meeting the above size criteria within a tract map containing 25 or
more lots, where such residential structures are proposed to be built by the same
individual or entity, the amount shall be $681.00680.69 or
$127.00130.46 for parcel maps/lot splits of 4 or fewer parcels; or
$767.00920.29 for tentative tract maps - preliminary plan approval; or
$830.00995.34 for tract maps containing 5 to 20 lots, and, for tract maps
containing more than 20 lots, an additional $512.00614.48 for each additional group of 1
to 10 lots greater than 20 lots - final plan approval.
Section 4908 is applicable to all unincorporated po rtions 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 4908 as part of their fire code. The
fees in this Section 4908.3 shall be reviewed each fire code revision cycle by the Fire
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
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to the nearest dollar; provided, however, notwithstanding any of the above, no fee shall
exceed the cost of providing the service for which the fee is collected.1
SECTION 207. Section 5001.5 is hereby amended to read as follows:
5001.5 Permits.
Permits shall be required as set forth in Sections 105.6 and 105.7.
When 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 at least 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 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 208. Section 5001.5.1.1 is hereby added to read as follows:
5001.5.1.1 Hazardous Materials Business Plan.
1 Adjusted fee for plan check higher.
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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
business plan (HMBP). The location of the HMBP shall be posted ad jacent 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 209. Section 5001.5.1.2 is hereby added to read as follows:
5001.5.1.2 Application.
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Each application for a permit required by this chapter shall include a hazardous
materials business plan (HMBP) in accordance with Chapter 12.64 of T itle 12 of the
County Code.
SECTION 210. 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 211. Section 5001.5.2.2 is hereby added to read as follows:
5001.5.2.2 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
of this department.
SECTION 212. Section 5001.5.2.3 is hereby added to read as follows:
5001.5.2.3 Reporting.
Every business shall comply with the reporting requirements as set forth in
Chapter 12.64 of Title 12 of the County Code.
SECTION 213. Section 5001.5.2.4 is hereby added to read as follows:
5001.5.2.4 Notification.
The fire code official and the HHMD shall be notified immediately when an
unauthorized discharge becomes reportable under State, federal, or local regulations
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SECTION 214. Section 5001.5.2.5 is hereby added to read as follows:
5001.5.2.5 California Accidental Release Prevention Program.
Every business shall comply with the requirements as set forth in Chapter 12.64
of Title 12 of the County Code.
SECTION 215. Section 5001.5.2.6 is hereby added to read as follows:
5001.5.2.6 Emergency Information.
Hazardous materials business plans, risk management prevention programs, and
hazardous materials inventory statements shall be posted in an approved locatio n and
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 216. Section 5002.1 is hereby amended to read as follows:
5002.1 Definitions.
The following terms are defined in Chapter 2.
ASSESS.
. . .
CONSOLIDATED CONTINGENCY PLAN.
. . .
DEPARTMENT OF TOXIC SUBSTANCE CONTROL (DTSC).
. . .
EPA ID NUMBER.
. . .
HAZARDOUS WASTE.
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HAZARDOUS WASTE CONTROL LAW.
. . .
HEALTH HAZARDOUS MATERIALS DIVISION (HHMD).
. . .
UNIFIED PROGRAM.
UNIFIED PROGRAM FACILITY PERMIT.
. . .
WASTE.
SECTION 217. Section 5003.2.1 is hereby amended to read as follows:
5003.2.1 Design and cConstruction of cContainers, cCylinders,
and tTanks.
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. Pressu re
vessels not meeting DOTn requirements for transportation shall comply with the ASME
Boiler and Pressure Vessel Code. Tank vehicles and railroad tank cars shall be used in
accordance with Section 5005.
SECTION 218. Section 5003.2.5 is hereby amended to read as follows:
5003.2.5 Empty cContainers and tTanks.
Empty containers and tanks previously used for the storage of hazardous
materials shall be free from residual material and vapor as defined by DOT n, the
Resource Conservation and Recovery Act (RCRA), or other regulating authority or
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maintained as specified for the storage of the hazardous material. Containers larger
than five 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 219. 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.
SECTION 220. 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
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does not have an EPA ID number, it must obtain a temporary ID number from DTSC
prior to disposal.
SECTION 221. Section 5003.3.1.4 is hereby amended to read as follows:
5003.3.1.4 Responsibility for cCleanup.
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. When deemed
necessary by the fire code official, cleanup may 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 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.
SECTION 222. Section 5003.5 is hereby amended to read as follows:
5003.5 Hazard iIdentification sSigns.
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 above-ground 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
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any product or waste that has a three or higher rating in any category or is a special
hazard.
SECTION 223. 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
dispensing or use of toxic or highly toxic gases, gas cabinets or exhaust enclosures
shall be provided.
SECTION 224. Section 5003.9.1.1 is hereby amended to read as follows:
5003.9.1.1 Fire dDepartment lLiaison.
Responsible persons shall be designated and trained to be liaison personnel for
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 Material 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,
Business and Area Plans.
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SECTION 225. 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 226. 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
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 Section 5005.2.
Outdoor unloading or transfer operations shall be in accordance with
Section 5005.3.
SECTION 227. Section 5005.1.11.1 is hereby added to read as follows:
5005.1.11.1 Bulk Plant or Terminal.
Gases or liquids having a hazard ranking of three or four 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.
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Exception: In an emergency, gases or liquids having a hazard rating of three or
four 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 228. 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 regulations, provided such fireworks and facilities comply with
NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100–185,
for consumer fireworks and Health and Safety Code Division 11.
SECTION 229. 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, also in accordance
with NFPA 1122, NFPA 1125, and NFPA 1127 fo r fire and life safety matters not
regulated by State law.
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SECTION 230. Section 5601.2.1 is hereby added to read as follows:
5601.2.1 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.2
SECTION 231. Section 5608.1 is hereby amended to read as follows:
5608.1 General.
Outdoor f Fireworks displays, use of pyrotechnics before a proximate audience,
and pyrotechnic special effects in theatrical and group entertainment productions shall
comply with California Code of Regulations, 1 Title 19, Division 1, Chapter 6 -Fireworks
and this section chapter. Additionally, firework displays and pyrotechnics before a
proximate audience shall be conducted in accordance with NFPA 1123 or NFPA 1126
for fire and life safety matters not regulated by State law.
SECTION 232. Section 5614 is hereby added to read as follows:
5614 Seizure of Explosives, Explosive Materials, and
Fireworks.
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
2 New permit fee added.
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chapter. Seizure shall be conducted in accordance with California Health and Safety
Code Sections 12350 through 12355 and 12721 through 12724.
SECTION 233. 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, d istances from buildings
and property lines, accessways, fire-protection facilities, and provisions for spill control
and secondary containment.
SECTION 234. 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 235. 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.
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SECTION 236. Section 5704.2.8.3 is hereby amended to read as follows:
5704.2.8.3 Secondary cContainment.
Vaults shall be substantially liquid tight and there shall be no backfill around the
tank or within the vault. The vault floor shall drain to a sump. For pre-manufactured
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 in an approved manner. Secondary containment shall be provided for new
installations of underground tanks and existing tanks with a breach in integrity.
SECTION 237. 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 .25 GPM (.9463 L) over the entire vault area. T he 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 238. Section 5704.2.9.1.1 is hereby added to read as follows:
5704.2.9.1.1 Required Foam Fire Protection Systems.
All above-ground tanks exceeding 1,500 square feet (139.3546 m2) feet of liquid
surface area used for the storage of Class I or Class II flammable liquids shall be
provided with foam fire protection.
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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 one-pound-per
square inch gauge.
SECTION 239. Section 5704.2.9.6.1.3 is hereby amended to read as
follows:
5704.2.9.6.1.3 Location of tTanks sStoring bBoilover lLiquids.
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 240. 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 241. 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.
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SECTION 242. 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 105.6.17. No person shall drill, own, operate, or maintain any oil or natural gas
well without first obtaining a permit. Each oil or natural gas well permit shall be valid
only for the calendar year in which it is issued. The permit fee shall be $48314.00.
There shall be no charge for renewals.1
SECTION 243. Section 5706.4 is hereby amended to read as follows:
5706.4 Bulk pPlants or tTerminals.
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 244. 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 vehicle and
tank car transfer facilities 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
1 Adjusted existing fee higher.
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mm)25 feet (7,620 mm) for Class II and III liquids measured from the nearest position of
any loading or unloading valve. Buildings for pumps or shelters for personnel shall be
considered part of the transfer facility.
SECTION 245. 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.
SECTION 246. 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 DOT requirements and this
code.
SECTION 247. 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.
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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 248. Section 6104.4 is hereby amended to read as follows:
6104.4 Multiple LP-gGas cContainer iInstallations.
. . .
Where one of these forms of protection is provided, the separation shall not be
less than 25 feet (7620 mm) between LP-gas container groups. At LP-gas
multi-container installations, the aggregate capacity of the containers shall be used to
determine minimum distances to the buildings or adjoining property lines.
SECTION 249. 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, source of ignition, or adjoining property lines that
may be built upon.
SECTION 250. 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, or
flammable liquid storage tanks.
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SECTION 251. Section 6106.1 is hereby amended to read as follows:
6106.1 Attendants.
Dispensing of LP-gases shall be performed by a qualified attendant. Self-service
LP-gas dispensing open to the public is prohibited.
SECTION 252. 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 purpose of Chapter 81, the following term is defined in Chapter 2:
MOTOR VEHICLE FLUIDS.
8103 PERMITS
Permits to operate automobile wrecking yards are required. See
Section 105.6.45.
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.
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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 non -combustible 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.
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
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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 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 Chapters 23, 50, and 57.
8110.3 Mitigation for Vehicle Fluid Leaks.
Supplies or equipment capable of mitigating leaks from 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.
8110.4 Lead-Acid Batteries.
Lead-acid batteries shall be removed from salvage vehicles when such batteries
are leaking. Lead-acid batteries that have been removed from vehicles shall be stored
in an approved manner.
SECTION 253. Chapter 82 is hereby added to read as follows:
CHAPTER 82 INFRACTIONS
8201 GENERAL
8201.1 Offenses Deemed Infractions.
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In accordance with Section 109.3, 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
315.3.2.1 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
605.5 Electrical extension cords
901.7 Failure to notify Fire Department
901.6.3.1 Signs-above ground water control valves
901.6.3.2 Locks-above ground water control valves
901.6.3.3 Identification-above ground water control
valves
906.1 - 906.10 Fire extinguishers
912.7 Identification-Fire Department connection
912.8 Breakable caps or plugs-Fire Department
connection
1007.9 Exit doors identification
1008.1.9.1 Door-operating devices
1104.3 Sign illumination
2003.2 "No Smoking" signs within aircraft hangers
2108.4 Fire extinguisher-dry cleaning plant
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Section Offense
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
2407.1 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
3104.21 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
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
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Section Offense
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 $100.00 for the first violation, $200.00 for the second, $500.00 for the third, and
$500.00 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.
SECTION 254. Chapter 83 is hereby added to read as follows:
CHAPTER 83 CONSOLIDATED FIRE PROTECTION DISTRICT OF
LOS ANGELES 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).
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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 t his code to the Los Angeles County
Building Code, Residential Code, Mechanical Code, Plumbing Code, Green Building
Standards Code, Fire Code, and Electrical Code shall mean the appropriate legally
applicable code adopted by each incorporated city that is a part of the District, or
receives services from the District.
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SECTION 255. Appendix B, Section B103.3 is hereby amended to read as
follows:
B103.3 Areas wWithout wWater sSupply sSystems.
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 or the California Wildland-Urban
Interface Code.Parcels that are located outside the service boundary, above the
existing pressure zone, or more than 2,000 lineal 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 NFPA 1142 or NFPA 13 water supply requirement, whichever is
greater.
SECTION 256. 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 13,000 gal
3,601-5,999 square feet 16,500 gal
6,000 square feet and
greater
20,000 gal
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SECTION 257. Appendix B, Section B104.2 is hereby amended to read as
follows:
B104.2 Area sSeparation.
Portions of buildings which are separated by fire walls without openings,
constructed in accordance with the CaliforniaLos Angeles County 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 258. Appendix B, Section B105.1 is hereby amended to read as
follows:
B105.1 One- and tTwo-fFamily dDwellings, and Group R-3 and
R-4 bBuildings and townhouses.
The minimum fire-flow and flow duration requirements for one- and two-family
dwellings, and Group R-3 and R-4buildings 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
(15,141.6 L/min) per minute.
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SECTION 259. Appendix B, Section B105.2 is hereby amended to read as
follows:
B105.2 Buildings oOther tThan oOne- and tTwo-fFamily
dDwellings, and Group R-3 and R-4 bBuildings and townhouses.
The minimum fire-flow and flow duration for buildings other than one- and
two-family dwellings, and Group R-3 and R-4buildings and townhouses shall be as
specified in Tables B105.2 and B105.1(2).
SECTION 260. Appendix B, Section B105.3 is hereby amended to read as
follows:
B105.3 Water supply for buildings equipped with an automatic
sprinkler systemMobile Home Parks.
For buildings equipped with an approved automatic sprinkler system, the water
supply shall be capable of providing the greater of:
1. The automatic sprinkler system demand, including hose stream
allowance.
2. The required fire-flow.The required fire-flow for mobile home parks shall
be 1,250 gallons per minute (4731.765 L/min) (2,000 gallons (7570.824 L/min) per
minute in the high fire hazard severity zones) for a duration of two hours and with public
hydrant spacing of not more than 600 feet (182.88 m) apart. For recreational buildings
located within a mobile home park, the fire-flow and duration shall be according to the
fire-flow calculation area set forth in Table B105.1(2).5
5 Adjusted fire flow requirement for mobile home parks from 4000 gpm to 1250 gpm and 2000 gpm for fire zone.
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SECTION 261. Appendix B, Section B105.4 is hereby added to read as
follows:
B105.4 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 four hours with
public hydrant spacing of 300 feet (91.44 m). 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 262. Appendix B, Table B105.1(1) is hereby amended to read as
follows:
Table B105.1(1)
Required Fire Flow for One- and Two-Family Dwellings and
Group R-3 and R-4 Buildings and Townhouses
FIRE-FLOW
CALCULATION
AREA
(square feet)
AUTOMATIC SPRINKLER SYSTEM
(Design Standard)
MINIMUM FIRE-
FLOW (gallons per
minute)
FLOW DURATION (hours)
0-3,600 No automatic sprinkler system 1,000 1
3,601 and greater No automatic sprinkler system Value in Table
B105.1(2)
Duration in Table
B105.1(2) at the required
fire-flow rate
0-3,600
Section 903.3.1.3 of the CaliforniaLos
Angeles County Fire Code or Section
R313.3 of the CaliforniaLos Angeles
County Residential Code
500 1/2
3,601 and greater
Section 903.3.1.3 of the CaliforniaLos
Angeles County Fire Code or Section
R313.3 of the CaliforniaLos Angeles
County Residential Code
11/2 value in Table B105.1(2)
1
For SI:_ 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m.
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SECTION 263. Appendix B, Table B105.2 is hereby amended to read as
follows:
Table B105.2
Required Fire Flow for Buildings Other Than One- and Two-Family
Dwellings, and 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 Bl05.1(2)
Section 903.3.1.1 or 903.3.1.2 of the
CaliforniaLos Angeles County Fire Code
2550% of the value in
Table B 105.1(2)a
Duration in Table B 105.1(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 1,5000 gallons per minute.6
SECTION 264. Appendix C, Section C101.1 is hereby amended to read as
follows:
C101.1 Scope.
In addition to the requirements of Section 507.5.1 of the California Fire Code,
fFire hydrants shall be provided in accordance with this appendix for the protection of
buildings, or portions of buildings, hereafter constructed or moved into the jurisdiction.
Exception: [SFM] Group B, S-2 and U occupancies having a floor area not
exceeding 1,000 square feet, primarily constructed of non-combustible exterior walls
with wood or steel roof framing, having a Class A roof assembly, with uses limited to the
following or similar uses:
1. California State Parks buildings of an accessory nature (restrooms).
6 Adjusted language on tank size, connection, and to be consistent with state requirements in low-hazard wildland
fire areas.
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2. Safety roadside rest areas, (SRRA), public restrooms.
3. Truck inspection facilities, (TIF), CHP office space and vehicle inspection
bays.
4. Sand/salt storage buildings, storage of sand and salt.
SECTION 265. Appendix C, Section C102 is hereby amended to read as
follows:
C102 NUMBER OF FIRE HYDRANTSLOCATION.
SECTION 266. 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 .
SECTION 267. 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 or greater in width 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.
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SECTION 268. 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 of the California Fire Code 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 hyd rants 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 Section C105 and Section C106 when applied to fire
apparatus access roads and perimeter public streets from which fire operations could
be conducted.
SECTION 269. 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 270. Appendix C, Section C103.3 is hereby deleted as follows:
C103.3 Maximum spacing.
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The maximum spacing between fire hydrants shall be in accordance with Table
C102.1.
SECTION 271. Appendix C, Section C104.1 is hereby amended to read as
follows:
C104.1 Existing fFire hHydrants.
Existing fire hydrants on public streets are allowed to be considered as
availableto meet the requirements of Sections C102 and C103 . Existing fire hydrants
on adjacent properties are allowed shall not to be considered unless 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 272. Appendix C, Table C102.1 is hereby deleted in entirety as
follows:
TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS
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
2,000-2,250 2 450 225
2,500 3 450 225
3,000 3 400 225
3,500-4,000 4 350 210
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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
4,500-5,000 5 300 180
5,500 6 300 180
6,000 6 250 150
6,500-7,000 7 250 150
7,500 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 firefighterss 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.
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 International 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
International Fire Code or Section P2904 of the International Residential Code.
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SECTION 273. Appendix C, Section C105 is hereby amended to read as
follows:
C105 REFERENCED STANDARDSDISTRIBUTION OF FIRE
HYDRANTS
ICC IFC—15 International Fire Code C101.1,
C103.1,
Table
C102.1
ICC IRC—15 International Residential Code Table
C102.1
SECTION 274. Appendix C, Section C105.1 is hereby added to read as
follows:
C105.1 Hydrant Spacing.
Fire hydrants shall be spaced in accordance with Sections C105.2 through
C105.4.
SECTION 275. 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 urban 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 vehicular access, from a public hydrant. For non -urban properties
less than one dwelling unit per acre, no portion of a structure shall be farther than
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750 feet (228.6 m) away, via vehicular access, from a properly spaced public hydrant
that meets the required fire-flow.
SECTION 276. 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, multi-family dwellings, private schools, and
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) from, via vehicular access, a public hydrant. No
portion of a building shall be more than 400 feet (121.92 m) from, via vehicular access,
a properly spaced public hydrant.
SECTION 277. 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 278. Appendix C Section C106 is hereby added to read as
follows:
C106 On-Site Hydrants.
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C106.1 Required On-Site Hydrants.
When any portion of a proposed structure exceeds the allowable distances from
a public hydrant, via vehicular access, on-site hydrants shall be provided. The spacing
distance between on-site hydrants shall be 300 to 400 feet (91.44 to 121.92 m). 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 two hours. If more than one on -
site fire hydrant is required, the fire-flow shall be in accordance with Table B105.1. All
on-site hydrants shall be installed a minimum of 25 feet (7620 mm) from a structure or
protected by a two-hour firewall.
Exception: For fully sprinklered multi-residential structures, on-site hydrants
may be installed a minimum of 10 feet (3.05 m) from the structure.7
SECTION 279. Appendix D, Section D101.1 is hereby amended to read as
follows:
D101.1 Scope.
Fire apparatus access roads shall be in accordance with Section 503, this
appendix, and all other applicable requirements of the California Los Angeles County
Fire Code.
SECTION 280. Appendix D, Section D102.1 is hereby amended to read as
follows:
D102.1 Access and lLoading.
7 Updated for County standard and location on streets.
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Facilities, buildings or portions of buildings hereafter constructed shall be
accessible to Fire Department apparatus by way of an approved fire apparatus access
road 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).
Exception: For single lot single-family residential developments, the fire
apparatus access road must be capable of supporting the imposed load of fire
apparatus weighing at least 50,000 pounds (22,700 kg).
SECTION 281. Appendix D, Figure D103.1, including the diagrams, is
hereby deleted in its entirety:
For SI: 1 foot = 304.8 mm.
FIGURE D103.1 DEAD-END FIRE APPARATUS ACCESS ROAD
TURNAROUND
96’ DIAMETER
CUL-DE-SAC
60-FOOT “Y” MINIMUM CLEARANCE
AROUND A FIRE
HYDRANT
ACCEPTABLE ALTERNATIVE
TO 120’ HAMMERHEAD 120’ HAMMERHEAD
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SECTION 282. Appendix D, Section D103.1 is hereby amended to read as
follows:
D103.1 Access road width with a hydrantSingle Lot
Single-Family Residential.
Where a fire hydrant is located on a fire apparatus access road, the minimum
road width shall be 26 feet (7925 mm), exclusive of shoulders (see Figure D103.1)Fire
apparatus access roads shall have an unobstructed width of not less than 20 feet
(6096 mm) exclusive of shoulders and an unobstructed vertical clearance of clear to the
sky.
SECTION 283. Appendix D, Section D103.2 is hereby amended to read as
follows:
D103.2 GradeCommercial, Industrial, and Multiple-Family
Residential Developments.
Fire apparatus access roads shall not exceed 10 percent in grade.
Exception: Grades steeper than 10 percent as approved by the Fire Chief.
For buildings not exceeding three stories or with an eave height not exceeding
30 feet (9144 mm) in height, fire apparatus access roads shall have an unobstructed
width of not less than 26 feet (7925 mm) exclusive of shoulders and an unobstructed
vertical clearance of clear to the sky.
For buildings exceeding three stories or with an eave height exceeding 30 feet
(9144 mm) in height, fire apparatus access roads shall have an unobstructed width of
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not less than 28 feet (8535 mm) exclusive of shoulders and an unobstructed vertical
clearance of clear to the sky.
SECTION 284. Appendix D, Section D103.3 is hereby amended to read as
follows:
D103.3 Turning radiusAccess Road Width With a Hydrant.
The minimum turning radius shall be determined by the fire code official.Where a
fire hydrant is located on a fire apparatus access road, the minimum road width shall be
26 feet (7925 mm), for a distance of 25 feet (7620 mm) on each side of the hydrant,
exclusive of shoulders(see Figure D103.1).
SECTION 285. Appendix D, Section D103.4 is hereby amended to read as
follows:
D103.4 Dead endsGrade.
Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) shall
be provided with width and turnaround provisions in accordance with Table D103.4 Fire
apparatus access roads shall not exceed 150 percent in grade.
Exception: GradesFor a fire apparatus access road serving no more than
two single-family dwellings, grades shall not exceed steeper than 120 percent when as
approved by the fire code official chief. Grades between 15.1% percent and 20%
percent shall not exceed a maximum cumulative total of 500 feet (152.4 m) as
measured over the entire length of the access roadway.
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SECTION 286. Appendix D, Section D103.5 is hereby amended to read as
follows:
D103.5 Fire apparatus access road gatesTurning Radius.
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 be not less than 20
feet (6096 mm). Where a fire apparatus road consists of a divided roadway, the gate
width shall be not less than 12 feet (3658 mm).
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.
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 F 2200.
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The minimum turning radius shall be determined by the fire code official not less
than 32 feet (9754 mm) when measured at the centerline of the required access
roadway.
SECTION 287. Appendix D, Section D103.6 is hereby amended to read as
follows:
D103.6 SignsDead-Ends.
Where required by the fire code official, fire apparatus access roads shall be
marked with permanent NO PARKING—FIRE LANE signs complying with
Figure D103.6. 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 by
Section D103.6.1 or D103.6.2 width and turnaround provisions in accordance with Table
D103.4.Dead-end fire apparatus access roads in excess of 150 feet (45,720 mm) shall
be provided with an approved turnaround. See Figure D103.6(1) and (2). The
turnaround shall be oriented on the access roadway in the proper direction of travel.
SECTION 288. Appendix D, Section D103.6.1 is hereby deleted as follows:
D103.6.1 Roads 20 to 26 feet in width.
Fire lane signs as specified in Section D103.6 shall be posted on both sides of
fire apparatus access roads that are 20 to 26 feet wide (6096 to 7925 mm).
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SECTION 289. Appendix D, Section D103.6.2 is hereby deleted as follows:
D103.6.2 Roads more than 26 feet in width.
Fire lane signs as specified in Section D103.6 shall be posted on one side of fire
apparatus access roads more than 26 feet wide (7925 mm) and less than 32 feet wide
(9754 mm).
SECTION 290. Appendix D, Figure D103.6(1) is hereby added as follows:
Figure D103.6(1)
Fire Apparatus Turnaround Standard Pumper
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SECTION 291. Appendix D, Figure D103.6(2) is hereby added as follows:
Figure D103.6(2)
Fire Apparatus Turnaround Standard Aerial Apparatus
SECTION 292. Appendix D, Table D103.4 is hereby deleted as follows:
TABLE D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS
ACCESS ROADS
LENGTH
(feet)
WIDTH
(feet) TURNAROUNDS REQUIRED
0-150 20 None required
151-500 20 120-foot Hammerhead, 60-foot “Y”or 96-foot diameter cul-de-sac in
accordance with Figure D103.1
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LENGTH
(feet)
WIDTH
(feet) TURNAROUNDS REQUIRED
501-750 26 120-foot Hammerhead, 60-foot “Y”or 96-foot diameter cul-de-sac in
accordance with Figure D103.1
Over
750 Special approval required
For SI: 1 foot = 304.8 mm.
SECTION 293. Appendix D, Section D103.7 is hereby added to read as
follows:
D103.7 Fire Apparatus Access Road Gates.
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 be not less than
20 feet (6096 mm). Where a fire apparatus road consists of a divided roadway, the gate
width shall be not less than 152 feet (36584572 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.
4. Gate components shall be maintained in an operative condition at all times
and replaced or repaired when defective.
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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 F 2200.
SECTION 294. Appendix D, Section D103.8 is hereby added to read as
follows:
D103.8 Signs.
Where required by the fire code official, fire apparatus access roads shall be
marked with permanent "NO PARKING—FIRE LANE" signs complying with
Section 22500.1 of the California Vehicle Code. 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.
SECTION 295. Appendix D, Section D104 is hereby amended to read as
follows:
D104 COMMERCIAL AND INDUSTRIAL
DEVELOPMENTSAERIAL FIRE APPARATUS ACCESS ROADS
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SECTION 296. Appendix D, Section D104.1 is hereby amended to read as
follows:
D104.1 Buildings exceeding three stories or 30 feet in
heightWhere Required.
Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall
have at least two means of fire apparatus access for each structureWhere the vertical
distance between the access roadway grade plane and the highest roof surface
exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be
provided. For purposes of this section, the highest roof surface shall be determined by
measurement to the eave of a pitched roof, the intersection of the roof to the exterior
wall, or the top of parapet walls, whichever is greater.
SECTION 297. Appendix D, Section D104.2 is hereby amended to read as
follows:
D104.2 Buildings exceeding 62,000 square feet in areaWidth.
Buildings or facilities having a gross building area of more than 62,000 square
feet (5760 m2) shall be provided with two separate and approved fire apparatus access
roads.
Exception: Projects having a gross building area of up to 124,000 square feet
(11 520 m2) that have a single approved fire apparatus access road when all buildings
are equipped throughout with approved automatic sprinkler systems.
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Aerial fire apparatus access roads shall have a minimum unobstructed width of
28 feet (8535 mm), exclusive of shoulders, in the immediate vicinity of the building or
portion thereof.
SECTION 298. Appendix D, Section D104.3 is hereby amended to read as
follows:
D104.3 RemotenessProximity To Building.
Where two fire apparatus access roads are required, they shall be placed a
distance apart equal to not less than one half of the length of the maximum overall
diagonal dimension of the lot or area to be served, measured in a straight line between
accessesAt least one of the required access routes meeting this condition shall be
located within a minimum of 15 feet (4572 mm) and a ma ximum of 30 feet (9144 mm)
from the building, and shall be positioned parallel to one entire side of the building. The
side of the building on which the aerial fire apparatus access road is positioned shall be
approved by the fire code official.
Exception: When approved by the fire code official, the required setback may
be modified for residential and mixed-use residential developments less than
5five stories in height when additional fire protection measures are provided.
SECTION 299. Appendix D, Section D104.4 is hereby added to read as
follows:
D104.4 Obstructions.
Overhead utility and power lines shall not be located over the aerial fire
apparatus access road or between the aerial fire apparatus road and the building.
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Other obstructions shall be permitted to be placed with the approval of the fire code
official.
SECTION 300. Appendix D, Section D105 is hereby amended to read as
follows:
D105 AERIAL FIRE APPARATUS ACCESS
ROADSREFERENCED STANDARDS
ASTM F 2200—13 Standard Specification for Automated
Vehicular Gate Construction D103.7
UL 325—02 Door, Drapery, Gate, Louver, and
Window Operators and Systems, with
Revisions through June 2013 D103.7
SECTION 301. Appendix D, Section D105.1 is hereby deleted as follows:
D105.1 Where required.
Where the vertical distance between the grade plane and the highest roof
surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall
be provided. For purposes of this section, the highest roof surface shall be determined
by measurement to the eave of a pitched roof, the intersection of the roof to the exterior
wall, or the top of parapet walls, whichever is greater.
SECTION 302. Appendix D, Section D105.2 is hereby deleted as follows:
D105.2 Width.
Aerial fire apparatus access roads shall have a minimum unobstructed width of
26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or
portion thereof.
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SECTION 303. Appendix D, Section D105.3 is hereby deleted as follows:
D105.3 Proximity to building.
At least one of the required access routes meeting this condition shall be located
within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the
building, and shall be positioned parallel to one entire side of the building. The side of
the building on which the aerial fire apparatus access road is positioned shall be
approved by the fire code official.
SECTION 304. Appendix D, Section D105.4 is hereby deleted as follows:
D105.4 Obstructions.
Overhead utility and power lines shall not be located over the aerial fire
apparatus access road or between the aerial fire apparatus road and the building.
Other obstructions shall be permitted to be placed with the approval of the fire code
official.
SECTION 305. Appendix D, Section D106 is hereby deleted as follows:
SECTION D106 MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS
D106.1 Projects having more than 100 dwelling units.
Multiple-family residential projects having more than 100 dwelling units shall be
equipped throughout with two separate and approved fire apparatus access roads.
Exception: Projects having up to 200 dwelling units may have a single approved fire
apparatus access road when all buildings, including nonresidential occupancies, are
equipped throughout with approved automatic sprinkler systems installed in accordance
with Section 903.3.1.1 or 903.3.1.2.
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D106.2 Projects having more than 200 dwelling units.
Multiple-family residential projects having more than 200 dwelling units shall be
provided with two separate and approved fire apparatus access roads regardless of
whether they are equipped with an approved automatic sprinkler system.
D106.3 Remoteness.
Where two fire apparatus access roads are required, they shall be placed a
distance apart equal to not less than one-half of the length of the maximum overall
diagonal dimension of the property or area to be served, measured in a straight line
between accesses.
SECTION 306. Appendix D, Section D107 is hereby deleted as follows:
D107 ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS
D107.1 One- or two-family dwelling residential developments.
Developments of one- or two-family dwellings where the number of dwelling units
exceeds 30 shall be provided with two separate and approved fire apparatus access
roads.
Exceptions:
1. Where there are more than 30 dwelling units on a single public or private
fire apparatus access road and all dwelling units are equipped throughout with an
approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or
903.3.1.3 of the International Fire Code, access from two directions shall not be
required.
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2. The number of dwelling units on a single fire apparatus access road shall
not be increased unless fire apparatus access roads will connect with future
development, as determined by the fire code official.
D107.2 Remoteness.
Where two fire apparatus access roads are required, they shall be placed a
distance apart equal to not less than one-half of the length of the maximum overall
diagonal dimension of the property or area to be served, measured in a straight line
between accesses.
SECTION 307. Appendix D, Section D108 is hereby deleted as follows:
D108 REFERENCED STANDARDS8
ASTM F 2200—13 Standard Specification for
Automated Vehicular Gate
Construction D103.5
ICC IFC—15 International Fire Code D101.1,
D107.1
UL 325—02 Door, Drapery, Gate, Louver,
and Window Operators and
Systems, with Revisions
through June 2013 D103.5
SECTION 308. Appendix N, Section N101.2 is hereby amended to read as
follows:
N101.2 Permits.
8 Newly added requirements for road width and grade.
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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 N101.2.
SECTION 309. Appendix N, Section N101.2.1 is hereby amended to read as
follows:
N101.2.1 Permit dDocuments.
The permit applicationapplicant shall submit construction documents for approval
which include, at a minimum, a dimensioned site plan and floor plan.
. . .
SECTION 310. Appendix N, Section N101.3 is hereby added to read as
follows:
N101.3 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
building official and planning official prior to the Fire Department's final construction
approval and issuance of an operational permit.
SECTION 311. Appendix N, Section N102.2 is hereby amended to read as
follows:
N102.2 TEMPORARY AMUSEMENT HAUNTED HOUSE.
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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 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 building 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 312. Appendix N, Section N102.3 is hereby amended to read as
follows:
N102.3 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.
SECTION 313. Appendix N, Section N102.4 is hereby added to read as
follows:
N102.4 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.
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SECTION 314. Appendix N, Section N102.5 is hereby added to read as
follows:
N102.5 SPECIAL AMUSEMENT BUILDING.
Any temporary or permanent building or portion thereof that is occupied for
amusement, entertainment, or educational purposes, and that contains a device or
system that conveys passengers or provides a walkway along, around, or over a course
in any direction so arranged that the means of egress path is not readily apparent due
to visual or audio distractions or is intentionally confounded or is not readily available
because of the nature of the attraction or mode of conveyance through the building or
structure.
SECTION 315. Appendix N, Section N103.1 is hereby amended to read as
follows:
N103.1 Allowable sStructures.
Temporary amusement Hhaunted houses, ghost walks, and similar amusement
uses which meet the definition of a Special Amusement Building shall only be located in
structures that comply with the provisions for Special Amusement Buildings in
accordance with the California Building Code, and any applicable requirements in the
County Code.
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SECTION 316. Appendix N, Section N103.7 is hereby amended to read as
follows:
N103.7 Fire pProtection.
Temporary amusement Hhaunted houses, ghost walks, and similar amusement
uses which meet the definition of a Special Amusement Building shall be provided with
fire protection systems in accordance with Appendix N103.7.
. . .
SECTION 317. Appendix N, Section N103.7.2 is hereby amended to read as
follows:
N103.7.2 Fire dDetection sSystems.
An approved automatic fire detection system shall be provided in accordance
with Section 907.2.12, as required for Special aAmusement bBuildings.
SECTION 318. Appendix N, Section N103.7.4 is hereby amended to read as
follows:
N103.7.4 Emergency vVoice aAlarm.
Provide an emergency voice/alarm communication system in accordance with
Section 907.2.12.3 as required for Special aAmusement bBuildings.
SECTION 319. Appendix N, Section N103.9 is hereby amended to read as
follows:
N103.9 Decorative mMaterials 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.
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SECTION 320. Appendix N, Section N103.15 is hereby amended to read as
follows:
N103.15 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 321. Appendix O is hereby added to read as follows:
APPENDIX O RIFLE RANGE
O101 GENERAL
O101.1 Scope.
Rifle ranges shall comply with the basic fire and life safety requirements in this
appendix.
O101.2 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.
O102 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.
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O103 RANGE OFFICER
O103.1 Supervision.
Rifle ranges shall not be operated or maintained without the supervision of a
qualified range officer.
O103.2 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.
O104 AMMUNITION
O104.1 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 n ot fire or
discharge or which is otherwise defective shall be surrendered to the range officer for
safe disposal.
O105 FIRE APPLIANCES
O105.1 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.
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O106 VEGETATION
O106.1 Removal.
Rifle ranges, including striking grounds, shall be completely clear of vegetation
within a safe distance from the firing line.
O107 SIGNAGE
O107.1 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 322. Appendix P is hereby added to read as follows:
APPENDIX P LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY
ZONES
P101 GENERAL
P101.1 Scope.
This appendix defines Local Agency Very High Fire Hazard Severity Zones and
provides the legal description of the geographic areas for the i nstallation of fire sprinkler
systems in occupancies as required by Section 903.2.11.7.
P101.2 DEFINITIONS
See Chapter 49 for definitions.
P102 LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY
ZONES
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P102.1 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 P102.2 and P102.3 of Appendix P. See also Chapter 49.
P102.2 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.
P102.3 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
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,
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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.
P102.4 Parcel Identification.
All map and parcel identification, fire hazard severity zone designation, and other
information for those areas as specified in Sections P102.2 and P102.3 shall be
accessible to property owners and the public at a Fire Department's fire prevention
engineering unit office or at the Forestry Division's fuel modification unit office.
P102.5 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.
P103 MALIBU-SANTA MONICA MOUNTAINS AND THE
SAN GABRIEL MOUNTAINS SOUTHFACE AREAS
P103.1 General.
Malibu-Santa Monica Mountains and the San Gabriel Mountains Southface
Areas are hereby designated in those areas as specified in Sections P103.2 and P103.3
of Appendix P. See also Section 903.2.11.7.
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P103.2 Malibu-Santa Monica Mountains Area.
Beginning at a point where the Los Angeles County-Ventura County boundary
line meets the Pacific Ocean means 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.
P103.3 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 beginni ng.
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SECTION 323. Appendix Q is hereby added to read as follows:
APPENDIX Q FIRE PREVENTION FIELD PERMITS
Q101 FEES
The applicant shall pay the fee shown in this section, which covers plan review
and site inspection only. All applications and reviews are subject to additional hourly
fees for fire safety officers, if deemed necessary by the fire code official.
Q101.1 Permit Fees.
Proposed Activity Fee
Activities in Hazardous Fire Areas $314.00
Aerosol Products $314.00
Amusement Buildings $314.00
Automobile Wrecking Yard $314.00
Aviation Facility $314.00
Battery Systems Stationary $314.00
Bonfires or Rubbish Fires $314.00
Carnival and Fair Requirements $314.00
Cellulose Nitrate Film $314.00
Combustible Dust Producing Operations $314.00
Combustible Fibers $314.00
Commercial Rubbish Handling Operation $314.00
Compressed Gases $314.00
Covered Mall Buildings $314.00
Cryogens Fluids $314.00
Cutting and Welding Permit $314.00
Dipping Operations $314.00
Dry Cleaning Plants $314.00
Exhibits and Trade Shows $314.00
Explosives $314.00
Fire Hydrants and Valves $314.00
Fireworks Display $314.00
Flammable or Combustible Liquids $314.00
Floor Finishing $314.00
Fruit and Crop Ripening $314.00
Fumigation/Thermal Insecticidal Fogging $314.00
Hazardous Production Materials $314.00
Hazardous Materials $314.00
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Proposed Activity Fee
High Piled Combustible Storage $314.00
Hot Work Operations $314.00
HPM Facilities $314.00
Industrial Ovens $314.00
Liquid Gas-Fueled Vehicles or Equipment $314.00
LP Gas $314.00
Lumber Yard and Woodworking $314.00
Magnesium $314.00
Miscellaneous Combustible Storage $314.00
Model Rockets $314.00
Oil and Natural Gas Wells $314.00
Open Burning $314.00
Open Flames and Candles $314.00
Open Flames and Torches $314.00
Organic Coating $314.00
Pallet Yards $314.00
Parade Float $314.00
Places of Assembly $314.00
Private Firefighting Resources $314.00
Private Fire Hydrants $314.00
Pyroxylin Plastics $314.00
Radioactive Materials $314.00
Recreational Fires $314.00
Refrigeration Equipment $314.00
Repair Garage/Automotive/Marine/Fleet Fuel Dispensing $314.00
Rifle Range $314.00
Emergency Helicopter Landing Facility for High-Rise Buildings $314.00
Spraying or Dipping $314.00
Storage of Scrap Tires and By-Products $314.00
Tank/Cistern $314.00
Tank Removal $314.00
Temporary Sales Lots $314.00
Temporary Tents, Canopies, Membrane Structures $314.00
Tire Rebuilding Plants $314.00
Tire Storage $314.00
Special Events $314.00
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Q101.2 Fire Sprinkler System Plan Check Fees.
Type of Sprinkler System Plan Fee
New NFPA 13D fire sprinkler system: one or two family dwelling $463.00
New NFPA 13R fire sprinkler system: multifamily family dwellings $579.00
New NFPA 13 fire sprinkler system:< 100 heads per system $463.00
New NFPA 13 fire sprinkler system:> 100 heads per system $694.00
TI to NFPA 13 fire sprinkler system:< 25 heads without calculation $231.00
TI to NFPA 13 fire sprinkler system:> 25 heads and < 100 heads
with/without calculation
$347.00
TI to NFPA 13 fire sprinkler system:>100 heads with/without calculation $579.00
Underground fire protection system: single hydrant or single riser
connection
$289.00
Underground fire protection system: 5 or more additional connections for
hydrants or risers
$463.00
Standpipe System (Class I,II, & III) $463.00
NFPA #22 fire water storage tank $463.00
Special hazard fire extinguishing foam water spray nozzle system $463.00
Fire Pump Installation $579.00
Fire Flow Test Witness/Perform $231.00
Fire Sprinkler System Field Inspection Fees
New NFPA 13D fire sprinkler system: one or two family dwelling $314.00
New NFPA 13R fire sprinkler system: multifamily family dwellings $629.00
New NFPA 13 fire sprinkler system:< 100 heads per system $629.00
New NFPA 13 fire sprinkler system:> 100 heads per system $786.00
TI to NFPA 13 fire sprinkler system:< 25 heads without calculation $314.00
TI to NFPA 13 fire sprinkler system:> 25 heads and < 100 heads
with/without calculation
$472.00
TI to NFPA 13 fire sprinkler system:>100 heads with/without calculation $550.00
Underground fire protection system: single hydrant or single riser
connection
$314.00
Underground fire protection system: 5 or more additional connections for
hydrants or risers
$629.00
Q101.3 Fire Alarm System Plan Check Fees.
Plan Check Fee
Emergency Responder Radio Coverage $925.00
Fire Sprinkler Monitoring system & Fire Alarm System with <10 devices $231.00
Fire Alarm System: 11-50 devices $405.00
Fire Alarm System: 51-90 devices $579.00
Fire Alarm System: 91-130 devices $694.00
Fire Alarm System: > 131 devices $810.00
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Plan Check Fee
Special Extinguishing Systems: CO2, FM 200, Foam Liquid Systems,
Inert Gas (Halon, Inergen)
$347.00
Q101.4 Fire Alarm System Field Inspection Fees.
Type of Inspection Fee
Emergency Responder Radio Coverage $1,256.00
Fire Sprinkler Monitoring System & Fire Alarm System with <10 devices $314.00
Fire Alarm System: 11-50 devices $472.00
Fire Alarm System: 51-90 devices $550.00
Fire Alarm System: 91-130 devices $629.00
UL-300 System (hood systems) $314.00
Halon System/FM 200 $314.00
Q101.5 Building Plan Review Plan Check Fees.
Type of Review Fee
Dwelling, One and Two Family $463.00
Multi-Family Residence $636.00
Commercial (B, F, S, M) $636.00
Assembly Occupancy $579.00
Hazardous Occupancy $752.00
High Rise Buildings over 75 Feet in Height $1,389.00
Educational/Institutional Occupancy $868.00
High Piled Combustible Storage $463.00
Hazardous Materials Review (1-50 chemicals) $636.00
Hazardous Materials Review (51-100 chemicals) $1,041.00
Site Plan Review - Water and Access $463.00
Q101.6 Miscellaneous Building Plan Review Fees.
Alternative Materials and Methods Review $452.00
Additional plan review after initial review and one resubmittal (per hour) $116.00
Expedited review (each two hours + initial fee) $231.00
Pre-Submittal Meeting (initial two-hours) $231.00
Plan review time (per hour) for modifications, re-stamp (minimum 1-hour) $116.00
Q101.7 Construction Field Inspection Fees.
Dwelling, One and Two Family $314.00
Multi-Family Residence $314.00
Commercial (B, F, S, M) $472.00
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Assembly Occupancy $472.00
Hazardous Occupancy $393.00
High Rise Buildings over 75 Feet in Height $629.00
Educational/Institutional Occupancy $314.00
High Piled Combustible Storage $943.00
Repair Garage $393.00
Tank Installation or Removal $393.00
Tenant Improvements Projects $314.00
Q101.8 Miscellaneous Field Inspection Fees.
The following inspections shall be billed at the current hourly fire safety officer
rate:
Building/Life Safety Final (Fire Department Clearance)
Gasoline dispensing EVR systems
High-rise building annual life/safety inspections
Special Priority Inspections, including after-hour, additional technical assistance, and
others whereby deemed necessary by the fire code official.2
SECTION 324. Findings in Support of Adoption of More Restrictive
Building Standards.
The provisions of this ordinance contain various changes, modifications, and
additions to the 2016 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 Marshall 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
2 Added new permit, plan review, and inspection fees.
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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. This expressed finding is supported and based upon the following more
specific determinations:
CLIMATIC - The County of Los Angeles 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.
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.
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GEOLOGICAL - The County of Los Angeles 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
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 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.
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TOPOGRAPHICAL - The topographical conditions of the County of Los Angeles
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
is necessary due to Los Angeles County's unique
climate and topography to reduce risk of fire and
to minimize the spreading of fire to structures.
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Section Local Condition Explanation and Findings
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 firefighters responding to emergencies.
Necessary due to Los Angeles County's unique
climate and topography 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
firefighters responding to emergencies under
transmission lines. Further necessary because
risk of fire is increased due to the prevalence of
earthquakes in Los Angeles County.
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 Los Angeles County's
unique climate and topography 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 Los Angeles County.
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 Los Angeles County's unique
climate and topography 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.
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 Los Angeles County's unique climate and
topography.
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
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Section Local Condition Explanation and Findings
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 Los Angeles County.
503.2.1 –
Dimensions
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. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in Los Angeles County.
503.2.5 –
Dead-Ends
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 Los Angeles
County.
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 Los Angeles County.
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
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Section Local Condition Explanation and Findings
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 Los Angeles
County.
503.7 – Fire
Apparatus
Access Roads
in Recreational
Vehicle,
Mobile Home,
Manufactured
Housing,
Sales Lots,
and Storage
Lots
Climatic,
Geological, and
Topographical
Requires fire apparatus access roads in
recreational vehicle, mobile home, 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
Los Angeles County.
503.7.1 – Fire
Apparatus
Access Roads
in Mobile
Home Parks
and Special
Occupancy
Parks
Climatic,
Geological, and
Topographical
Requires additional fire apparatus access roads
in mobile home 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
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 Los Angeles County.
504.5 – Roof
Top Barriers
and Parapets
Climatic,
Geological, and
Topographical
Provides various design and location
requirements for solar photovoltaic systems
installed on roofs of buildings for residential and
commercial structures. Access and spacing
requirements ensure firefighter access to the
roof, provide access pathways to specific areas
of the roof, provide for venting cut-out areas, and
to provide emergency egress from the roof.
Necessary because of increased danger of fire in
Los Angeles County due to climatic and
topographical conditions.
507.5.1.2 –
Pool Draft
System in Fire
Hazard
Severity Zones
Climatic,
Geological, and
Topographical
Requires a draft hydrant for swimming pools and
spas located in the fire hazard severity zone to
provide a source of water to fight fires.
Necessary because of unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
7.2.a
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Section Local Condition Explanation and Findings
necessary because risk of fire is increased due to
the prevalence of earthquakes in Los Angeles
County.
507.5.10 –
Draft System
Identification
Sign
Climatic,
Geological, and
Topographical
Provides posting of sign to notify Fire Department
of draft hydrant 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 Los Angeles County.
901.6.3.1 –
Above-Ground
Water Control
Valve Signs
Climatic,
Geological, and
Topographical
Provides signage requirements for water control
valves to facilitate firefighter 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 Los Angeles
County.
901.6.3.4 –
Clear Space
Around Above-
Ground Water
Control Valve
Climatic,
Geological, and
Topographical
Provides clearance requirements for water
control valves to facilitate firefighter 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 Los Angeles
County.
903.2.11.7 –
Occupancies
in Fire Hazard
Severity Zones
and in the
Malibu-Santa
Monica
Mountains or
San Gabriel
Southface
Areas
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
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 Los Angeles County.
903.4.2 –
Alarms
Climatic and
Geological
Requires installation of exterior fire alarm visual
device. Visual alarms are necessary to warn
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both disabled and non-disabled persons.
Necessary because of increased likelihood of
fires due to climatic conditions. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes in the Los Angeles
County.
905.2.1 –
Class I
Standpipes;
905.2.1.1,
905.2.1.2
905.2.1.3
Climatic Construction and installation requirements for
Class I standpipes to ensure adequate fire
protection systems and water supply due to fires
in Los Angeles County's hot and windy climate.
905.4 –
Location of
Class I
Standpipe
Hose
Connections
Climatic Installation/Regulation of Fire Protection System
to ensure proper location of hose connection to
control fires in Los Angeles County's hot and
windy climate.
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 Los Angeles County's hot
and windy climate.
905.6.1 –
Protection
Climatic Local amendment regarding installation and
regulation of Fire Protection System to ensure
proper location of hose connection to control
fires. Necessary because of increased danger of
fire in Los Angeles County due to hot and windy
conditions.
905.6.1.1 –
Size
Climatic Size requirements for Class III standpipes to
ensure adequate fire protection system.
Necessary because of increased danger of fire in
Los Angeles County due to hot and windy
conditions.
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
Los Angeles County 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 firefighters to
respond to, and fight, fires in buildings.
Necessary because of increased danger of fire in
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Los Angeles County due to hot and windy
conditions and the prevalence of earthquakes in
Los Angeles County.
910.2.1.1 –
Group S-2
Climatic and
geological
Requires smoke and heat removal for basement
level parking garages. Necessary to increase
ability of firefighters to respond to fires in parking
garages. Necessary because of increased
danger of fire in Los Angeles County due to hot
and windy conditions and the prevalence of
earthquakes in Los Angeles County.
910.3 –
Design and
installation
910.3.2
910.3.2.1
910.3.2.2
910.3.2.2.1
910.3.2.2.2
910.3.2.2.3
910.3.2.3
910.3.3
910.3.4
910.3.5
910.3.5.1
910.3.5.2
Table 910.3
Geological Requirements for smoke and heat vents and
mechanical smoke removal systems in buildings.
Necessary because of increased danger of fire in
Los Angeles County due to seismic concerns
with potential water supply issues.
910.4.3
910.4.4
Geological Requirements for smoke and heat vents and
mechanical smoke removal systems in buildings.
Necessary because of increased danger of fire in
Los Angeles County due to seismic concerns
with potential water supply issues.
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
Los Angeles County due to hot and windy
conditions. Further necessary because the risk
of fire is increased due to the prevalence of
earthquakes in Los Angeles County.
912.8 –
Identification
Climatic,
Topographical
Requires red paint on Fire Department
connections subject to rust or corrosion to identify
them to firefighters and protect from the
elements. Necessary because of increased
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danger of fire in Los Angeles County 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 Los Angeles County
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 Los Angeles County due to hot
and windy conditions. Further necessary
because the risk of fire is increased due to the
prevalence of earthquakes in Los Angeles
County.
1009.9.1 –
Signage for
High Rise
Buildings
Climatic,
Geological, and
Topographical
Requirements for signage warning against
elevator use in an emergency. Necessary to
ensure proper notice and evacuation in case of
fire or other emergency. Necessary because of
increased danger of fire in Los Angeles County
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 Los Angeles County.
2007.9 –
Emergency
Helicopter
Landing
Facility for
High-Rise
Buildings
Climatic and
Topographical
Provides for additional public safety
evacuation/landing area on high-rise buildings.
Necessary due to large number of high-rise
buildings in Los Angeles County and difficulty in
evacuating high-rise buildings in case of fire or
other emergency.
2007.10 –
Helistops in
Fire Hazard
Severity
Zones;
2007.10.1 -
Surface
Climatic and
Topographical
Provides for requirements for helistops in fire
hazard severity zones to enable helicopters and
associated water tenders and support equipment
to safely operate to conduct operations to combat
fires in those areas. Necessary because of
increased danger of fire in Los Angeles County
due to hot and windy conditions and topography
that hinders the ability for fire apparatus to gain
access to remote portions of the County.
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Section Local Condition Explanation and Findings
2007.10.2 –
Hydrant
Climatic;
Topographical
Requires a hydrant next to helistops in fire
hazard severity zones to enable helicopters to fill
their tanks to facilitate water drops on wildland
fires in those areas. Necessary because of
increased danger of fire in Los Angeles County
due to hot and windy conditions and topography
that hinders the ability for fire apparatus to gain
access to remote portions of the County.
2007.10.3 –
Access
Climatic;
Topographical
Adopts requirements for fire apparatus access to
helistops in fire hazard severity zones to enable
support equipment and apparatus associated
with helicopter operations to combat fires in those
areas. Necessary because of increased danger
of fire in the County due to hot and windy
conditions and topography that hinders the ability
for fire apparatus to gain access to remote
portions of the County.
2404.4 – Fire
Protection
Climatic Provides for spray booths to be equipped with
automatic fire sprinklers. Necessary because of
increased danger of fire in Los Angeles County
due to hot and windy conditions.
2503, 2504,
2505, 2506,
2507 – 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
Los Angeles County due to hot and windy
conditions and to reduce risk of fires and
explosion from earthquakes.
2810 –
Storage of
Combustible
Idle Pallets
Climatic Provides requirements for the safe storage of
combustible pallets to reduce risk of fire.
Necessary because of increased danger of fire in
Los Angeles County due to hot and windy
conditions.
3104.21 –
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
Los Angeles County.
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Section Local Condition Explanation and Findings
Table 3206.2 Climatic and
Geological
Provides for increased separation for aisles.
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 Los Angeles
County.
3505.9 –
Backflash
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
Los Angeles County.
4907.1 –
General
Climatic and
Topographical
Local amendment providing that defensible
space requirements shall also comply with
Chapter 3 of this code. Necessary due to
Los Angeles County's unique climate and
topography 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
prevalence of earthquakes in Los Angeles
County.
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 Los Angeles County.
5704.2.8.16.1
– System
Requirements
Climatic and
Geological
Requires foam deluge system. Necessary
because of increased danger of fire in
Los Angeles County due to climatic conditions
and because risk of leaks or tank failure is
increased due to the prevalence of earthquakes
in Los Angeles County.
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Section Local Condition Explanation and Findings
5704.2.9.1.1 –
Required
Foam Fire
Protection
Systems
Geological and
Climatic
Requires all above-ground 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
Los Angeles County due to climatic conditions
and because risk of leaks or tank failure is
increased due to the prevalence of earthquakes
in Los Angeles County.
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 Los Angeles County
due to climatic conditions and because risk of
leaks or tank failure is increased due to the
prevalence of earthquakes in Los Angeles
County.
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 Los Angeles County
due to climatic conditions and because risk of
explosion or container failure is increased due to
the prevalence of earthquakes in Los Angeles
County.
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
Los Angeles County due to climatic conditions
and because risk of leaks or tank failure is
increased due to the prevalence of earthquakes
in Los Angeles County.
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
Los Angeles County due to climatic conditions
and because risk of leaks or tank failure is
increased due to the prevalence of earthquakes
in Los Angeles County.
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Section Local Condition Explanation and Findings
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
Los Angeles County due to climatic conditions
and because risk of leaks or tank failure is
increased due to the prevalence of earthquakes
in Los Angeles County.
8104 – Fire
Apparatus
Access Roads;
8106 –
Housekeeping;
8108 – Tires
Climatic and
Topographical
Creates requirements for fire access roads and
storage requirements for tire storage in
automobile wrecking yards. Necessary to enable
fire apparatus and firefighters to gain access to
fight fires and respond to emergencies.
Necessary because risk of fire due to climate and
topography in Los Angeles County.
APPENDIX B
Section
B105.1 – One-
and
Two-Family
Dwellings and
Group R-3
Buildings
Topographical
and Climatic
Provides for increased fire-flow in fire hazard
zones to allow for more water to be available to
fight fires. Necessary because of increased
danger of fire in Los Angeles County due to
climatic and topographical conditions.
APPENDIX B
Section
B105.4 – Land
Subdivision
Projects
Topographical
and Climatic
Provides for increased fire-flow for subdivisions
of land to allow for more water to be available to
fight fires. Necessary because of increased
danger of fire in Los Angeles County 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 firefighters.
Necessary because of increased danger of fire in
Los Angeles County due to climatic and
topographical conditions.
APPENDIX C,
Section
C105.2 –
One-family
Dwelling
Topographical
and Climatic
Provides for hydrant spacing to ensure that water
is available to fight fires. Necessary because of
increased danger of fire in Los Angeles County
due to climatic and topographical conditions.
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Section Local Condition Explanation and Findings
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 Los
Angeles County 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 Los Angeles County
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 Los Angeles County
due to climatic and topographical conditions.
APPENDIX N,
Section N103
– General
Requirements
Topographical,
Geographic, and
Climatic
Provides various design and location
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 Los Angeles County due to
climatic and topographical conditions and the
prevalence of earthquakes in Los Angeles
County.
SECTION 325. This ordinance shall become effective 30 days after it is
adopted.
[TITLE32FIRECODE2016SKCC]
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CITY COUNCIL
ORDINANCE NO. 0X (2017)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING TITLE 15 OF THE DIAMOND BAR CITY CODE AND ADOPTING,
BY REFERENCE, TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY
CODE, AS AMENDED WHICH CONSTITUTES AN AMENDED VERSION OF
THE CALIFORNIA FIRE CODE, 2016 EDITION.
A. RECITALS
(i) California Government Code Section 50022.1 et seq., authorizes the City of
Diamond Bar to adopt by reference the 2016 California Fire Code as set forth in
the California Code of Regulations, Title 24, Part 9.
(ii) 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.
(iii) 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.
(iv) The City introduced for first reading this Ordinance on May 2, 2017, at which time
all interested persons had the opportunity to appear and be heard on the mat ter
of adopting the codes and standards identified in this Ordinance as amended
herein.
(v) Pursuant to California Government Code Section 6066, the City published notice
of the public hearing on April 21, 2017 and May 5, 2017 for the hearings set forth
in subsections (iv) above and (vi) below.
(vi) The City held a public hearing on May 16, 2017, at which time all interested
persons had the opportunity to appear and be heard on the matter of adopting the
codes and standards identified in this Ordinance as amended herein.
(vii) Any and all legal prerequisites relating to the adoption of this Ordinance have
occurred.
B. ORDINANCE
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find,
determine and ordain as follows:
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SECTION 1: Findings in Support of Modifications to Title 24 Building Standards.
This Council does expressly find and determine that the modifications to the Title 24
building standards set forth herein are reasonably necessary to protect the health, welfare and
safety of the citizens of Diamond Bar because of the following local climatic, geological or
topographic conditions.
(1) The City is located in a seismically active area and is in close proximity to various
active faults including the Chino, Sierra Madre, Cucamonga, Whittier, San Jacinto
and Raymond Faults It is reasonably foreseeable that an earthquake would render
the City particularly vulnerable to devastation.
(2) The City has extensive hillside topography, unstable geology, watershed areas,
expansive soils, and underground streams. In addition, the regional climate
alternates between extended periods of drought and brief periods of rainfall. For
these reasons, the City is susceptible to flood conditions.
(3) Because of the above-described geological conditions within the City, and the
substantial amount of freeway, railroad, and flood control facilities throughout the
community, the City, in the event of an earthquake, may be unable to dispatch an
adequate number of fire personnel and apparatus to suppress fires and conduct
rescue operations. Moreover, the conditions within Diamond Bar likewise occur in
surrounding communities, hereby rendering mutual aid assistance problematic, at
best.
(4) Due to the City's topography, numerous hillside fire hazard areas are located within
its boundaries.
(5) Climatic conditions within the community render it extremely likely that, in the event
of seasonal high winds and earthquake occurring, the County Fire Department would
be unable to suppress numerous fires occurring throughout the community.
(6) Located throughout the City, as well as in the surrounding communities, are
numerous concentrations of structures which have roofs constructed of thinly cut
pieces of wood, otherwise known as untreated shakes, as well as untreated wood
shingles. These untreated wood shakes and shingles are extremely combustible in
nature.
(7) The City is located in an area climatically classified as "arid" and prone to winds of
high velocity. Moreover, due to the 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
create a need for increased levels of fire protection.
(8) Additional findings in support of adoption of more restrictive building standards are
set forth in Exhibit “A” and incorporated by reference.
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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 January 24, 2017, which constitutes an amended
version of the California Fire Code, 2016 Edition (Part 9 of Title 24 of the California Code
of Regulations), Chapters 1 through 80, Appendix B, BB, C, and CC, and excluding all
other appendices of the 2016 Edition of the California Fire Code with errata, and
adopting and incorporating herein by reference into Title 32 of the Los Angeles County
Code, the 2015 Edition of the International Fire Code, Chapters 1 through 7, Chapters
9 and 10, Chapters 20 through 36, Chapters 50 through 55, Chapters 57 through 67,
Chapter 80, Appendix D and Appendix N is hereby adopted by reference and shall
constitute and may be cited as the Fire Code of the City of Diamond Bar.
In the event of any conflict between provisions of the California Fire Code, 201 6
Edition, International Fire Code 2015 Edition, Title 32 of the Los Angeles County Fire
Code, or any amendment to the Fire Code contained in the City of Diamond Bar
Municipal Code, the provision contained in the later listed document shall control.
A copy of Title 32 of the Los Angeles County Fire Code, along with a copy of the
California Fire Code, 2016 Edition, and the International Fire Code 2015 Edition has
been deposited in the office of the city clerk and shall be at all times maintained by the
city clerk for use and examination by the public.
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 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.
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(b) Every violation determined to be an infraction hereunder is punishable in such
manner and to such extent as is provided by section 1.04.0 10 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 han dled,
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 a llows 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 ch arge 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:
7.2.b
Packet Pg. 894
5
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
315.3.2.1 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
605.5 Electrical extension cords
901.7 Failure to notify Fire Department
901.6.3.1 Signs-above ground water control valves
901.6.3.2 Locks-above ground water control valves
901.6.3.3 Identification-above ground water control
valves
906.1 - 906.10 Fire extinguishers
912.7 Identification-Fire Department connection
912.8 Breakable caps or plugs-Fire Department
connection
1007.9 Exit doors identification
1008.1.9.1 Door-operating devices
1104.3 Sign illumination
2003.2 "No Smoking" signs within aircraft hangers
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
7.2.b
Packet Pg. 895
6
2405.4.2 Portable fire protection equipment
2406.5 Maintenance-powder coating
2407.1 Maintenance-electrostatic apparatus
2407.5.2 Signs-"Danger"
2408.5 Sources of ignition (organic peroxides)
2505.1 Housekeeping-fruit ripening room
2803.3.1 Lumber yards-housekeeping
2803.3.3 Combustible waste
3103.12.6.1 Exit sign illumination
3104.21 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
5003.7.1 No smoking signs-hazardous materials
5004.11 Combustible materials clearance-hazardous
materials storage
5005,3.8 5005,3.8 Combustible materials clearance-
hazardous materials storage
5005.3.8 5005.3.8 Combustible materials clearance-
hazardous materials storage
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
SECTION 3: Any inconsistencies between the Fire Code as adopted by this Ordinance, and
the 2016 Fire Code as set forth in Part 9, of Title 24 of the California Code of Regulations, are
changes, modifications, amendments, additions or deletions thereto authorized by California
7.2.b
Packet Pg. 896
7
Health and Safety Sections 17958.5 and 17958.7.
SECTION 4: To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Diamond Bar Municipal Code, these provisions shall be construed
as continuations of those provisions and not as new enactments.
SECTION 5: If any section, subsection, subdivision, paragraph, sentence, clause or phrase
of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such
invalidity shall not affect the validity of the remaining portions of this Ordinance or any part
thereof or exhibit thereto. The City Council of the City of Diamond Bar hereby declares that it
would have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
SECTION 6: This ordinance shall be effective upon adoption and shall become operative on
the 16th day of May 2017.
PASSED, ADOPTED AND APPROVED this 16th day of May 2017.
Mayor
I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City of
Diamond Bar held on the _____ day of _____________, 2017, and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the _____day of
_______________ 2017, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: __________________________
City Clerk
City of Diamond Bar
7.2.b
Packet Pg. 897
EXHIBIT “A”
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
is necessary due to Los Angeles County's unique
climate and topography to reduce risk of fire and
to minimize the spreading of fire to structures.
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 firefighters responding to emergencies.
Necessary due to Los Angeles County's unique
climate and topography 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
firefighters responding to emergencies under
transmission lines. Further necessary because
risk of fire is increased due to the prevalence of
earthquakes in Los Angeles County.
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 Los Angeles County's
unique climate and topography 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 Los Angeles County.
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 Los Angeles County's unique
climate and topography 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.
7.2.c
Packet Pg. 898
Section Local Condition Explanation and Findings
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 Los Angeles County's unique climate and
topography.
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 Los Angeles County.
503.2.1 –
Dimensions
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. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in Los Angeles County.
503.2.5 –
Dead-Ends
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 Los Angeles
County.
7.2.c
Packet Pg. 899
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 Los Angeles County.
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 Los Angeles
County.
503.7 – Fire
Apparatus
Access Roads
in Recreational
Vehicle,
Mobile Home,
Manufactured
Housing,
Sales Lots,
and Storage
Lots
Climatic,
Geological, and
Topographical
Requires fire apparatus access roads in
recreational vehicle, mobile home, 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
Los Angeles County.
503.7.1 – Fire
Apparatus
Access Roads
in Mobile
Home Parks
and Special
Occupancy
Parks
Climatic,
Geological, and
Topographical
Requires additional fire apparatus access roads
in mobile home 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
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 Los Angeles County.
7.2.c
Packet Pg. 900
Section Local Condition Explanation and Findings
504.5 – Roof
Top Barriers
and Parapets
Climatic,
Geological, and
Topographical
Provides various design and location
requirements for solar photovoltaic systems
installed on roofs of buildings for residential and
commercial structures. Access and spacing
requirements ensure firefighter access to the
roof, provide access pathways to specific areas
of the roof, provide for venting cut-out areas, and
to provide emergency egress from the roof.
Necessary because of increased danger of fire in
Los Angeles County due to climatic and
topographical conditions.
507.5.1.2 –
Pool Draft
System in Fire
Hazard
Severity Zones
Climatic,
Geological, and
Topographical
Requires a draft hydrant for swimming pools and
spas located in the fire hazard severity zone to
provide a source of water to fight fires.
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 Los Angeles
County.
507.5.10 –
Draft System
Identification
Sign
Climatic,
Geological, and
Topographical
Provides posting of sign to notify Fire Department
of draft hydrant 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 Los Angeles County.
901.6.3.1 –
Above-Ground
Water Control
Valve Signs
Climatic,
Geological, and
Topographical
Provides signage requirements for water control
valves to facilitate firefighter 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 Los Angeles
County.
7.2.c
Packet Pg. 901
Section Local Condition Explanation and Findings
901.6.3.4 –
Clear Space
Around Above-
Ground Water
Control Valve
Climatic,
Geological, and
Topographical
Provides clearance requirements for water
control valves to facilitate firefighter 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 Los Angeles
County.
903.2.11.7 –
Occupancies
in Fire Hazard
Severity Zones
and in the
Malibu-Santa
Monica
Mountains or
San Gabriel
Southface
Areas
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
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 Los Angeles County.
903.4.2 –
Alarms
Climatic and
Geological
Requires installation of exterior fire alarm visual
device. Visual alarms are necessary to warn
both disabled and non-disabled persons.
Necessary because of increased likelihood of
fires due to climatic conditions. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes in the Los Angeles
County.
905.2.1 –
Class I
Standpipes;
905.2.1.1,
905.2.1.2
905.2.1.3
Climatic Construction and installation requirements for
Class I standpipes to ensure adequate fire
protection systems and water supply due to fires
in Los Angeles County's hot and windy climate.
905.4 –
Location of
Class I
Standpipe
Hose
Connections
Climatic Installation/Regulation of Fire Protection System
to ensure proper location of hose connection to
control fires in Los Angeles County's hot and
windy climate.
7.2.c
Packet Pg. 902
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 Los Angeles County's hot
and windy climate.
905.6.1 –
Protection
Climatic Local amendment regarding installation and
regulation of Fire Protection System to ensure
proper location of hose connection to control
fires. Necessary because of increased danger of
fire in Los Angeles County due to hot and windy
conditions.
905.6.1.1 –
Size
Climatic Size requirements for Class III standpipes to
ensure adequate fire protection system.
Necessary because of increased danger of fire in
Los Angeles County due to hot and windy
conditions.
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
Los Angeles County 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 firefighters to
respond to, and fight, fires in buildings.
Necessary because of increased danger of fire in
Los Angeles County due to hot and windy
conditions and the prevalence of earthquakes in
Los Angeles County.
910.2.1.1 –
Group S-2
Climatic and
geological
Requires smoke and heat removal for basement
level parking garages. Necessary to increase
ability of firefighters to respond to fires in parking
garages. Necessary because of increased
danger of fire in Los Angeles County due to hot
and windy conditions and the prevalence of
earthquakes in Los Angeles County.
7.2.c
Packet Pg. 903
Section Local Condition Explanation and Findings
910.3 –
Design and
installation
910.3.2
910.3.2.1
910.3.2.2
910.3.2.2.1
910.3.2.2.2
910.3.2.2.3
910.3.2.3
910.3.3
910.3.4
910.3.5
910.3.5.1
910.3.5.2
Table 910.3
Geological Requirements for smoke and heat vents and
mechanical smoke removal systems in buildings.
Necessary because of increased danger of fire in
Los Angeles County due to seismic concerns
with potential water supply issues.
910.4.3
910.4.4
Geological Requirements for smoke and heat vents and
mechanical smoke removal systems in buildings.
Necessary because of increased danger of fire in
Los Angeles County due to seismic concerns
with potential water supply issues.
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
Los Angeles County due to hot and windy
conditions. Further necessary because the risk
of fire is increased due to the prevalence of
earthquakes in Los Angeles County.
912.8 –
Identification
Climatic,
Topographical
Requires red paint on Fire Department
connections subject to rust or corrosion to identify
them to firefighters and protect from the
elements. Necessary because of increased
danger of fire in Los Angeles County 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 Los Angeles County
due to hot and windy conditions.
7.2.c
Packet Pg. 904
Section Local Condition Explanation and Findings
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 Los Angeles County due to hot
and windy conditions. Further necessary
because the risk of fire is increased due to the
prevalence of earthquakes in Los Angeles
County.
1009.9.1 –
Signage for
High Rise
Buildings
Climatic,
Geological, and
Topographical
Requirements for signage warning against
elevator use in an emergency. Necessary to
ensure proper notice and evacuation in case of
fire or other emergency. Necessary because of
increased danger of fire in Los Angeles County
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 Los Angeles County.
2007.9 –
Emergency
Helicopter
Landing
Facility for
High-Rise
Buildings
Climatic and
Topographical
Provides for additional public safety
evacuation/landing area on high-rise buildings.
Necessary due to large number of high-rise
buildings in Los Angeles County and difficulty in
evacuating high-rise buildings in case of fire or
other emergency.
2007.10 –
Helistops in
Fire Hazard
Severity
Zones;
2007.10.1 -
Surface
Climatic and
Topographical
Provides for requirements for helistops in fire
hazard severity zones to enable helicopters and
associated water tenders and support equipment
to safely operate to conduct operations to combat
fires in those areas. Necessary because of
increased danger of fire in Los Angeles County
due to hot and windy conditions and topography
that hinders the ability for fire apparatus to gain
access to remote portions of the County.
7.2.c
Packet Pg. 905
Section Local Condition Explanation and Findings
2007.10.2 –
Hydrant
Climatic;
Topographical
Requires a hydrant next to helistops in fire
hazard severity zones to enable helicopters to fill
their tanks to facilitate water drops on wildland
fires in those areas. Necessary because of
increased danger of fire in Los Angeles County
due to hot and windy conditions and topography
that hinders the ability for fire apparatus to gain
access to remote portions of the County.
2007.10.3 –
Access
Climatic;
Topographical
Adopts requirements for fire apparatus access to
helistops in fire hazard severity zones to enable
support equipment and apparatus associated
with helicopter operations to combat fires in those
areas. Necessary because of increased danger
of fire in the County due to hot and windy
conditions and topography that hinders the ability
for fire apparatus to gain access to remote
portions of the County.
2404.4 – Fire
Protection
Climatic Provides for spray booths to be equipped with
automatic fire sprinklers. Necessary because of
increased danger of fire in Los Angeles County
due to hot and windy conditions.
2503, 2504,
2505, 2506,
2507 – 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
Los Angeles County due to hot and windy
conditions and to reduce risk of fires and
explosion from earthquakes.
2810 –
Storage of
Combustible
Idle Pallets
Climatic Provides requirements for the safe storage of
combustible pallets to reduce risk of fire.
Necessary because of increased danger of fire in
Los Angeles County due to hot and windy
conditions.
3104.21 –
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
Los Angeles County.
7.2.c
Packet Pg. 906
Section Local Condition Explanation and Findings
Table 3206.2 Climatic and
Geological
Provides for increased separation for aisles.
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 Los Angeles
County.
3505.9 –
Backflash
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
Los Angeles County.
4907.1 –
General
Climatic and
Topographical
Local amendment providing that defensible
space requirements shall also comply with
Chapter 3 of this code. Necessary due to
Los Angeles County's unique climate and
topography 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
prevalence of earthquakes in Los Angeles
County.
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 Los Angeles County.
5704.2.8.16.1
– System
Requirements
Climatic and
Geological
Requires foam deluge system. Necessary
because of increased danger of fire in
Los Angeles County due to climatic conditions
and because risk of leaks or tank failure is
increased due to the prevalence of earthquakes
in Los Angeles County.
7.2.c
Packet Pg. 907
Section Local Condition Explanation and Findings
5704.2.9.1.1 –
Required
Foam Fire
Protection
Systems
Geological and
Climatic
Requires all above-ground 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
Los Angeles County due to climatic conditions
and because risk of leaks or tank failure is
increased due to the prevalence of earthquakes
in Los Angeles County.
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 Los Angeles County
due to climatic conditions and because risk of
leaks or tank failure is increased due to the
prevalence of earthquakes in Los Angeles
County.
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 Los Angeles County
due to climatic conditions and because risk of
explosion or container failure is increased due to
the prevalence of earthquakes in Los Angeles
County.
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
Los Angeles County due to climatic conditions
and because risk of leaks or tank failure is
increased due to the prevalence of earthquakes
in Los Angeles County.
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
Los Angeles County due to climatic conditions
and because risk of leaks or tank failure is
increased due to the prevalence of earthquakes
in Los Angeles County.
7.2.c
Packet Pg. 908
Section Local Condition Explanation and Findings
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
Los Angeles County due to climatic conditions
and because risk of leaks or tank failure is
increased due to the prevalence of earthquakes
in Los Angeles County.
8104 – Fire
Apparatus
Access Roads;
8106 –
Housekeeping;
8108 – Tires
Climatic and
Topographical
Creates requirements for fire access roads and
storage requirements for tire storage in
automobile wrecking yards. Necessary to enable
fire apparatus and firefighters to gain access to
fight fires and respond to emergencies.
Necessary because risk of fire due to climate and
topography in Los Angeles County.
APPENDIX B
Section
B105.1 – One-
and
Two-Family
Dwellings and
Group R-3
Buildings
Topographical
and Climatic
Provides for increased fire-flow in fire hazard
zones to allow for more water to be available to
fight fires. Necessary because of increased
danger of fire in Los Angeles County due to
climatic and topographical conditions.
APPENDIX B
Section
B105.4 – Land
Subdivision
Projects
Topographical
and Climatic
Provides for increased fire-flow for subdivisions
of land to allow for more water to be available to
fight fires. Necessary because of increased
danger of fire in Los Angeles County 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 firefighters.
Necessary because of increased danger of fire in
Los Angeles County due to climatic and
topographical conditions.
APPENDIX C,
Section
C105.2 –
One-family
Dwelling
Topographical
and Climatic
Provides for hydrant spacing to ensure that water
is available to fight fires. Necessary because of
increased danger of fire in Los Angeles County
due to climatic and topographical conditions.
7.2.c
Packet Pg. 909
Section Local Condition Explanation and Findings
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 Los
Angeles County 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 Los Angeles County
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 Los Angeles County
due to climatic and topographical conditions.
APPENDIX N,
Section N103
– General
Requirements
Topographical,
Geographic, and
Climatic
Provides various design and location
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 Los Angeles County due to
climatic and topographical conditions and the
prevalence of earthquakes in Los Angeles
County.
7.2.c
Packet Pg. 910
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