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CC - Item 3A - Public Hearing on Second Reading and Adoption of Ordinance No. 1017 Adopting by Reference the California Fire Code 2022 as Amended and Adopted by Los Angeles CountyROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: SEPTEMBER 12, 2023 SUBJECT: PUBLIC HEARING ON SECOND READING AND ADOPTION OF ORDINANCE NO. 1017 ADOPTING BY REFERENCE THE CALIFORNIA FIRE CODE 2022 AS AMENDED AND ADOPTED BY LOS ANGELES COUNTY SUMMARY On August 8, 2023, the City Council introduced for first reading, Ordinance No. 1017, an ordinance adopting by reference, the 2022 California Fire Code amended and adopted by the Los Angeles County. The analysis of Ordinance No. 1017 can be found in the City Council Staff Reported dated August 8, 2023, attached as Attachment "C". BACKGROUND The 2023 edition of the LACFC (as established by County Ordinance No. 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 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 AGENDA ITEM 3.A City Council Meeting September 12, 2023 Page 2 of 3 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. ENVIRONMENTAL REVIEW The proposed Ordinance No. 1017 is exempt from review trader 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: 1. Conduct a public hearing and receive public testimony; 2. Move to APPROVE the second reading and ADOPT, Ordinance No. 1017 (Attachment "A"), by title only, 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. FISCAL IMPACT —None. STRATEGIC PLAN IMPACT — None. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Ayla Je re son, Contract Building Official City Council Meeting September 12, 2023 Page 3 of 3 by: ;3M 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: https://file.lacop=. Rov/S DSInter/bos/supdoc s/ 177579.pdf California Codes: his://www.dizs.cagovBSC/Codes Attachment C: City Council Staff Report Dated August 8, 2023 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 8.24.010 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 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 IP day of September, 2023. Steven Ly, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Ericka Hernandez, City Clerk 3 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 12`h day of September, 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.lacouM.gov/SDSInter/bos/supdocs/177579. pdf California Codes: https://www.dgs.ca.govBSC/Codes Attachment C City Council Staff Report Only Dated August 8, 2023 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. 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 2016 1 California Fire Code 2022 Tule';) t.ns Anoelett Countv Fire Code 2016 1 Title 26 Los Angeles County Fire Code 2023 J 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: Ayla efferson, Contract Building Official Submitted by: bm Awft Stan Wong, 121terim 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: haps;//file.lacounty.gov/SDSInter,lbos/supdocs. 177579.N California Codes: httns://w-%-w.dgs.ca.gov'BSC/Codes