CC - Item 4F - Consideration of an Ordinance Adopting by Reference the California Fire Code 2023 as Amended and Adopted by Los Angeles County9 O
'JY ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: AUGUST 8, 2023
SUBJECT: CONSIDERATION OF AN ORDINANCE ADOPTING BY REFERENCE
THE CALIFORNIA FIRE CODE 2023 AS AMENDED AND ADOPTED BY
LOS ANGELES COUNTY
SUMMARY
Every three (3) years the City of Rosemead adopts the California Building Laws as amended by
Los Angeles County. On July 1, 2022, the California Building Standards Commission (BSC)
published revised Building Standards Codes (Title 24, Parts 1-12). State law mandates that these
standards are enforced in all jurisdictions effective January 1, 2023, regardless of whether they are
specifically adopted by local jurisdictions.
The Los Angeles County Fire Code (LACFC) is adopted by the County of Los Angeles (County)
Board of Supervisors for the County and the Consolidated Fire Protection District of Los Angeles
County (District). It is also designed and promulgated to be adopted/ratified by reference through
official action by the governing bodies of the constituent/contracting cities of the District.
BACKGROUND
The 2023 edition of the LACFC (as established by County Ordinance 2023-0008), which is
codified as Los Angeles County Code (LACC) Title 32, serves to express the County and District
amendments to the 2022 edition of the California Fire Code (CFC). These local amendments are
a set of regulations for the safeguarding of life and property from fire and explosion hazards arising
from the storage, handling, and use of hazardous substances, materials and devices, and from
conditions hazardous to life or property in the occupancy of buildings and premises.
The CFC, being Part 9 of the California Building Standards Code (i.e., Part 9 of CCR Title 24), is
limited in scope to only address building standards. As such, the State does not adopt many
portions of the CFC publication, and many essential fire- and life -safety regulations are left out,
including basic fire apparatus access provisions. The unadopted portions of the CFC come from
the International Fire Code (IFC), and they serve as suggested provisions for local fire authorities
to consider for adoption. The State permits these unadopted provisions to remain in the CFC
AGENDA ITEM 4.F
City Council Meeting
August 8, 2023
Page 2 of 3
publication because it is expected that the local fire authority will promulgate local amendments
to the CFC publication as necessary during the local fire -code adoption proceedings.
While local fire codes are required to incorporate the State -adopted portions of the latest CFC,
these local fire codes are not limited in scope the way the CFC is, and local fire code can be more
restrictive than even the State -adopted portions. As such, local fire code adopts the latest CFC by
reference and then amend and add to it as necessary to be more specific and restrictive in order to
address local safety and administrative needs.
DISCUSSION
Adopting the 2023 California Fire Codes as amended by Los Angeles County and including the
California Energy Code and California Historical Buildings Code would serve to more effectively
communicate the design and construction requirements on projects throughout the City of
Rosemead, and Contractors and Design Professionals would benefit from a consistent regional
application of the Codes.
The revisions to Title 8 of the Rosemead Municipal Code that are herein recommended include:
BEFORE AFTER
California Building Code 2016 California Building Code 2022
California Fire Code 2016 California Fire Code 2022
Title 32 Los Angeles County Fire Code 2016 Title 26 Los Angeles CopFire Code 2023
ENVIRONMENTAL REVIEW
The proposed Ordinance No. 1017 is exempt from review under the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) in that the project has no potential
for causing a significant effect on the environment.
STAFF RECOMMENDATION
That the City Council take the following actions:
Move to INTRODUCE for FIRST READING, by title only, Ordinance No. 1017
(Attachment "A"), an ordinance of the City Council of the City of Rosemead, County of
Los Angeles, State of California, adopting by reference, pursuant to Government Code
Section 50022.2, The California Fire Code as amended and adopted by Los Angeles
County Title 32 Los Angeles County Fire Code with certain amendments, additions, and
deletions thereto.
2. Schedule a public hearing on September 12, 2023, to consider adoption and second reading
of Ordinance No. 1017.
City Council Meeting
August 8, 2023
Page 3 of 3
FISCAL IMPACT — None.
STRATEGIC PLAN IMPACT — None.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
I` 6 �1�
AylaAylaeefferson, CContract Building Official
Submitted by:
AW11
Stan Wong, Thterim Director of Community Development
Attachment A: Ordinance No. 1017
Attachment B: Findings and Los Angeles County Ordinance adopting and amending the 2022
California Fire Code and creating the 2023 Los Angeles County Fire Code
Due to the size of the Los Angeles County Ordinance, these documents can be viewed at the following
links:
Los Angeles County Fire Code and findings:
httt)s:Hfile.lacogpty.gov/SDSInter/bos/supdocs/ I 77579.pdf
California Codes: httos://www.des.ca.govBSC/Codes
Attachment A
Ordinance No. 1017
ORDINANCE NO. 1017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE
SECTION 50022.2, THE CALIFORNIA FIRE CODE AS AMENDED AND
ADOPTED BY LOS ANGELES COUNTY TITLE 32 LOS ANGELES
COUNTY FIRE CODE WITH CERTAIN AMENDMENTS, ADDITIONS,
AND DELETIONS THERETO
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. FINDINGS AND LOCAL CONDITIONS:
A. California law requires that on January 1, 2023, all portions of the 2022 California
Code of Regulations Title 24 will be effective within the City: and,
B. The City may amend the provisions of the California Code of Regulations Title 24
provided express findings for each amendment, addition or deletion is made based upon climatic,
topographical or geological conditions.
C. The City shall file the amendments, additions or deletions shall be filed with
California Building Standards Commission.
D. City of Rosemead is receiving fire prevention, plan review and inspection services
from the County of Los Angeles. The Los Angeles County Fire Prevention Division has
recommended modifying certain parts of California Code of Regulations Title 24 due to local
climatic, topographical and geological conditions in the City of Rosemead.
E. The findings supporting the necessity for the amendments to building standards
herein are contained in Attachment A to this ordinance in accordance with California Health and
Safety Code Section 18941.5 and are incorporated by reference herein.
F. The City of Rosemead City Council hereby finds, determines and declares that
those certain amendments to the State Code are appropriate and necessary to meet local conditions
existing in the City of Rosemead, and this Council hereby further finds, determines and declares
that each such change is required for the protection of the public safety and is reasonably necessary
because of local climatic, geological conditions.
G. In accordance with Section 15061(b)(3) of Title 14 of the California Code of
Regulations, the adoption of local amendments to the California Fire Code, and amending the City
of Rosemead Municipal Code, are exempt from the provisions of the California Environmental
Quality Act.
SECTION 2. Section 8.24.0 10 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 California Fire Code as amended by Title 32 Los Angeles County Building Code
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 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 3. 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 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 4. Severability. The City Council hereby declares that, should any provision, section,
subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be
rendered or declared invalid or unconstitutional by any final court action in a court of competent
jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the
validity of the remaining section or portions of the Ordinance or part thereof. The City Council
hereby declares that it would have independently adopted the remaining provisions, sections,
subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the
fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases,
or words may be declared invalid or unconstitutional.
SECTION 5. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall
publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office
of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the
Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the Council
Members voting for and against the Ordinance. This Ordinance shall take effect thirty (30) days
after the date of its adoption.
SECTION 6. Environmental Findings. This Ordinance has been determined to be
exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines
Section 15061(b)(3) in that the project has no potential for causing a significant effect on the
environment.
SECTION 7. Effective Date. This ordinance shall take effect thirty (30) days after its
adoption.
SECTION 8. Filing. The City Clerk shall file a certified copy of this Ordinance with the
California Building Standards Commission.
PASSED, APPROVED AND ORDAINED this 121h day of September 2023.
Steven Ly, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney
3
Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 1017 was first
introduced at the regular meeting of August 8, 2023 by first reading. Said Ordinance was
approved and adopted by the City Council of the City of Rosemead at a regular meeting held on
the day of , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Attachment B
Findings and Los Angeles County Ordinance adopting and
amending the 2022 California Fire Code and creating the
2023 Los Angeles County Fire Code.
Due to the size of the Los Angeles County Ordinance, these
documents can be viewed at the following links:
• Los
Angeles
County Fire Code
and findings:
https://file.lacouniy.gov/SDSInter/bos/supdocs/177579.pdf
• California Codes: https•//www.dgs.ca.gov/BSC/Codes