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CC - Item 2A - Public Hearing on the Adoption of the Fire Code as Amended by Los Angeles CountyROSEMEAD CITY COUNCIL STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL FROM JEFF ALLRED, CITY MANAGER�y' DATE: APRIL 22, 2014 / ✓/ SUBJECT: PUBLIC HEARING ON THE ADOPTION OF THE FIRE CODE AS AMENDED BY LOS ANGELES COUNTY SUMMARY Every three (3) years the City of Rosemead adopts the California Fire Code as amended by Los Angeles County. Both the State of California and County of Los Angeles have completed their adoption process and the City will now adopt the County Fire Code — Title 32. Staff Recommendation It is recommended that the City Council take the following actions: 1. Conduct the noticed public hearing and receive public comment; and, 2. Introduce for First Reading, by title only, Ordinance No. 940: "An Ordinance of the City Council of the City of Rosemead Adopting by Reference, Pursuant to Government Code Section 50022.0, The California Building Standards Fire Code (Title 32 Los Angeles County Fire Code and Adopting Local Amendments Thereto" (see Attachment "A ") and to bring back Ordinance No. 940 to the meeting of May 13, 2014 for consideration of adoption. BACKGROUND The State of California Fire Marshall and Building Standards Commission adopts a mandatory State wide Fire Code on a tri- annual basis. Since incorporation, the City of Rosemead has adopted the County of Los Angeles Fire Code Title 32 which both amends and adopts the State Building Laws and Fire Code. On March 25, 2014 the Los Angeles Board of Supervisors adopted Title 32 — Fire Code which adopted the California Fire Code with amendments specific to Los Angeles County. These amendments also match the County Building Code amendments to the State Building Code which the City has also adopted by reference. Copies of the County Ordinance are available in the City Clerk's Office. ITEM NUMBER: _� City Council Report April 22, 2014 Page 2 of 2 DISCUSSION: The State adopted 2012 International Fire Code along with specific amendments for California fire conditions. The Los Angeles County Fire Department made further amendments to the State Fire Code with amendments specific to Los Angeles County. ENVIORNMENTAL ANALYSIS These Ordinances has been determined to be exempt from the California Environmental Quality Act pursuant to State Guidelines 15061(b)(3) as a project that has no potential for causing a significant effect on the environment. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes publication in the Rosemead Reader on April 10, 2014, as well as posting of the notice at the five (5) public locations. �Prepared by: Michelle G. Ramirez Communitv DevelODment Director Attachment A - Ordinance 940 ORDINANCE NO. 940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE CALIFORNIA BUILDING STANDARDS FIRE CODE (TITLE 32 LOS ANGELES COUNTY FIRE CODE AND ADOPTING LOCAL AMENDMENTS THERETO. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDIAN AS FOLLOWS: Section 1. Section 8.24.010 of the Rosemead Municipal Code is hereby amended to read as follows: 8.24.010 California Fire Code as amended by Los Angeles County Fire Code adopted. (A) The 2013 California Fire Code as amended by Title 32 Los Angeles County Building Code (adopted March 25, 2014 by the Los Angeles County Board of Supervisors), together with their appendices, prescribing regulations generally governing conditions hazardous to life and property from fire, hazardous materials or explosions, and provide for penalties for violations thereto, are hereby adopted by reference, and conflicting ordinances are hereby repealed. (B) All of the regulations, provisions, conditions, and terms of said codes, togetherwith their appendices, one copy of which will be on file and accessible to the public for inspection at the City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this subchapter. Section 2. Section 8.24.040 of the Rosemead Municipal Code is hereby amended to read as follows: 8.24.040 Violations — Penalties. Every person violating any provision of the 2013 California Fire Code as amended by Title 32 Los Angeles County Fire Code and appendices, adopted by reference by Section 8.24.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. Section 3. The City Council hereby makes each finding of reasonable necessity for modifications as stated separately for each such modification as identified in Los Angeles County Title 32. These modifications to the California Building Standards Fire Code are reasonably necessary due to the local climate, characterized by hot, dry summers and the high potential for seismic activity, which make structures particularly vulnerable to rapidly spreading fires and structural damage. Section 4. Severability. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 5. This Ordinance has been determined to be exempt from the California Environmental Quality Act pursuant to State Guidelines 15061(b)(3) as a project that has no potential for causing a significant effect on the environment. Section 6. The City Clerk shall certify to the adoption of this Ordinance. 2 Section 7. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission. PASSED, APPROVED, AND ADOPTED this day of , 2014. William Alarcon, Mayor City of Rosemead, California ATTEST: Gloria, Molleda, City Clerk City of Rosemead, California: APPROVED AS TO FORM Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP