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CC - Item 5C - Ordinance No. 940 - Second Readings: 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 DATE: MAY 13, 2014 SUBJECT: ORDINANCE NO. 940— SECOND READINGS: ADOPTION OF THE FIRE CODE AS AMENDED BY LOS ANGELES COUNTY SUMMARY On April 22, 2014, the City Council introduced Ordinance No. 940, adopting the California Fire Code — Title 32 as amended by Los Angeles County. Ordinance No. 940 is now before Council at the required second reading for adoption. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 940 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by "SCUP GLORIA MOLLEDA CITY CLERK Attachment A —Ordinance No. 940 ITEMNUMBER: -5 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provide for penalties for violations thereto, are hereby adopted by reference, and conflicting ordinances are hereby repealed.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, together with 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 pail Ui ihis chapiei as ii fuiiy seifulnl 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