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Ordinance No. 1017 – Adopting By Reference, Pursuant to Government Code Section 50022.2, the CA Fire Code As Amended & Adopted by Los Angeles County Title 32 Los Angeles County Fire Code with Certain Amendments, Additions, and Deletions TheretoORDINANCE 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. 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. 2 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 12a' day of September, 2023. en Ly, Mayor APPROVED AS TO F Rachel Richman, City Attorney ATTEST: Ericka Hernandez, City CfeZc - --- _ - 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 12a' day of September, 2023, by the following vote: AYES: ARMENTA, CLARK, LOW, LY NOES: NONE ABSENT: DANG ABSTAIN: NONE 4 Ericka Hernandez, City Creek