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CC - Item 2A - Ordinance 863• 0 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER DATE: JANUARY 8, 2008 SUBJECT: CITY OF ROSEMEAD ORDINANCE NO. 863 - ADOPTION OF THE CALIFORNIA BUILDING STANDARDS FIRE CODE (TITLE 32 LOS ANGELES COUNTY FIRE CODE SUMMARY The new 2007 California Fire Code became effective statewide on January 1, 2008. The City of Rosemead has traditionally adopted the Los Angeles County amendments to the State Fire Code as its own amendments to the State Law. The Los Angeles County Board of Supervisors adopted the new California Fire Code as amended by the Los Angeles County Fire Department at its November 27, 2007 meeting. The State Fire Code is based on the 2006 International Fire Code. The Building Standards Commission has amended the model code to apply to specific California needs. The Los Angeles County Fire Department further amends the code to account for the unique requirements of the County of Los Angeles. The County amendments would also apply to similar conditions in the City of Rosemead. Staff Recommendation Staff recommends that the City Council introduce Ordinance No. 863, conduct a public hearing and adopt Ordinance No. 863 on first reading. BACKGROUND On January 30, 2007 the California Building Standards Commission unanimously adopted the 2007 Building Standards Code including the Fire Code. The California Building Standards code was published on by the Commission on July 1, 2007, and became applicable to all occupancies in the state beginning January 8, 2008. However, local agencies may amend the Building Code provided the amendments are supported by express findings showing that amendments are reasonably necessary because of climatic, geological, or topographical conditions. APPROVED FOR CITY COUNCIL AGENDA: 0 City Council Meeting • • January 8, 2008 Paoe 2 of 2 The new 2007 California Fire Code is based on the 2006 International Fire Code rather then the previously adopted Uniform Fire Code. The International Fire Code is structured to coordinate with the 2006 International Building as amended by the Building Standards Commission and Los Angeles County Department of Public Works as previously adopted by City of Rosemead as part of Urgency Ordinance 862. ANALYSIS The Los Angeles County amendments to the California Fire Code are appropriate and applicable to the City of Rosemead. Adoption of the County Fire Code will also provide continuity in the administrative portions of the codes. CONCLUSION It is staffs opinion that the proposed ordinance will provide the City of Rosemead with complete updated Fire Code amended to meet specific local conditions. Submitted b tiaeki Assistant City Manager Attachment A: Ordinance No. 863 • 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 An4eles 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 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: MAYOR ATTEST: City Clerk 2