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CC - Item 4E - Ordinance 863 Second Reading0 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER -eZ, DATE: JANUARY 22, 2008 SUBJECT: SECOND READING CITY OF ROSEMEAD ORDINANCE NO. 863 - ADOPTION OF THE CALIFORNIA BUILDING STANDARDS FIRE CODE (TITLE 32 LOS ANGELES COUNTY FIRE CODE SUMMARY On January 8, 2008, the City Council introduced Ordinance No. 863 regarding the Fire Code on first reading. Staff Recommendation Staff recommends that the City Council adopt Ordinance No. 863 on second reading. City Manager Attachment A: Ordinance No. 863 APPROVED FOR CITY COUNCIL AGENDA: O* • 0 • ORDINANCE NO. 863 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DOES HEREBY ORDAIN 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 2007 California Fire Code as amended by Title 32 Los Angeles County Building Code (adopted November 27, 2007 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provide for penalties for violations thereto, are hereby adopted by reference, and conflicting ordinances are hereby repealed.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 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 2007 California Fire Code as amended by Title 32 Los Angeles County Building 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 • 0 • 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 cause this Ordinance to be processed according to law. SECTION 7. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission. PASSED AND ADOPTED this 8th day of January, 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: • City Clerk MAYOR 2