City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt an ordinance repealing and replacing
Chapter 9.02 of Title 9 of the Culver City Municipal Code and adopting by
reference the 2013 California Fire Code with local amendments.
BACKGROUND/DISCUSSION:
At the City Council meeting of June 23, 2014, a public hearing was held, and after
consideration of public and staff input, the City Council introduced the Ordinance
by a unanimous vote (4-0-1 Council Member Cooper was absent).
The ordinance is brought back tonight for adoption.
FISCAL ANALYSIS:
Adoption of this Ordinance does not create a fiscal impact.
ATTACHMENTS:
Proposed Ordinance
MOTION:
Meeting Date: 07/14/14 Item Number: C-3_
CITY COUNCIL AGENDA ITEM: Adoption of an Ordinance Repealing and
Replacing Chapter 9.02 of Title 9 of the Culver City Municipal Code and
Adopting by Reference the 2013 California Fire Code with Local Amendments.
Contact Person/Dept.: Michael Bowden,
Fire Marshal
Phone Number: (310) 253-5926
Fiscal Impact: Yes [] No [X]
General Fund: Yes [] No
[X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Meetings and Agendas – City Council (07/09/14)
Department Approval:
Dave White (07/02/14)
City Attorney Approval:
Carol Schwab (by H. Baker)
(07/07/14)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (07/08/14)
City Manager Approval:
John M. Nachbar (07/08/14) City of Culver City, California
Agenda Item Report
That the City Council:
Adopt an ordinance repealing and replacing Chapter 9.02 of Title 9 of the
Culver City Municipal Code and adopting by reference the 2013 California
Fire Code with local amendments.
MEETING DATE: 7/14/2014
AGENDA ITEM: Adoption of an Ordinance Repealing and Replacing
Chapter 9.02 of Title 9 of the Culver City Municipal Code
and Adopting by Reference the 2013 California Fire Code
with Local Amendments.
ATTACHMENTS
Pages
1. Fire Code Ordinance 1 - 25
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ORDINANCE NO. 2014-_____
AN ORDINANCE OF THE CITY OF CULVER CITY, STATE
OF CALIFORNIA, REPEALING AND REPLACING
CHAPTER 9.02 OF TITLE 9 OF THE CULVER CITY
MUNICIPAL CODE, AND ADOPTING BY REFERENCE
THE 2013 CALIFORNIA FIRE CODE, WITH LOCAL
AMENDMENTS
The City Council of the City of Culver City, California, DOES HEREBY
ORDAIN as follows:
SECTION 1: That Chapter 9.02 of Title 9 of the Culver City Municipal
Code, entitled “Fire Prevention,” is hereby repealed; and that certain
document, a copy of which is on file in the office of the City Clerk, being
marked and designated as the 2012 International Fire Code, with errata,
incorporating Part 9 of Title 24 of the California Code of Regulations known
as the 2013 California Fire Code, with errata, including the 2013 Fire Code
Chapter 1 as amended, Chapter 4 as amended, Chapter 5 as amended,
Chapter 11 as amended, Chapter 22 as amended, Chapter 33 as amended,
Chapter 34 as amended, Chapter 48 as amended, Appendix Chapter 4,
Appendix B as amended, Appendix BB, Appendix C as amended, Appendix
CC, Appendix D as amended, Appendix E, Appendix F, Appendix G,
Appendix H, Appendix I, and Appendix J, as amended by the State Fire
Marshal and adopted by the California Building Standards Commission,,
adopted as the Fire Code of the City of Culver City, in the State of California,
and each and all of the regulations, provisions, penalties, conditions and
terms of said Fire Code on file in the office of the City Clerk of Culver City are
hereby referred to, adopted, and made a part hereof, as though fully set out
in this ordinance, with the additions, insertions, amendments, deletions and
changes, if any, prescribed in Section 2 of this Ordinance.
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SECTION 2. Chapter 9.02 of Title 9 of the Culver City Municipal
Code, entitled “Fire Prevention,” having been repealed in Section 1 above, is
hereby replaced as follows:
California Fire Code Adoption and Amendments
9.02.005 The 2013 California Fire Code adopted by reference
9.02.010 Violations and penalties
9.02.015 Amendments, additions, deletions, and substitutions
9.02.020 Amendment; Chapter 1 of the California Fire Code
9.02.025 Amendment; Chapter 2 of the California Fire Code
9.02.030 Amendment; Chapter 4 of the California Fire Code
9.02.035 Amendment; Chapter 5 of the California Fire Code
9.02.040 Amendment; Chapter 9 of the California Fire Code
9.02.045 Amendment; Chapter 20 of the California Fire Code
9.02.050 Amendment; Chapter 23 of the California Fire Code
9.02.055 Amendment; Chapter 48 of the California Fire Code
9.02.060 Amendment; Chapter 57 of the California Fire Code
9.02.065 Amendment; Appendix B of the California Fire Code
9.02.070 Amendment; Appendix C of the California Fire Code
9.02.075 Amendment; Appendix D of the California Fire Code
Fireworks
9.02.200 Definitions
9.02.205 Sale, use or transportation of fireworks; prohibitions and
restrictions
9.02.210 Permits to conduct displays of fireworks granted by City Council
9.02.215 Application for permit; conditions for filing
9.02.220 Conditions governing permit
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9.02.225 Seizure of unauthorized fireworks
9.02.230 Disposal of fireworks
9.02.235 Change to time limits
9.02.240 Rescission of prohibition
Administrative Assessment Cost Recovery Program
9.02.300 Definitions
9.02.305 Hazardous materials cleanup
9.02.310 False alarms; violations
9.02.315 Re-inspections
9.02.320 Penalties
9.02.325 Appeals
CALIFORNIA FIRE CODE ADOPTION AND AMENDMENTS
§ 9.02.005 THE 2012 INTERNATIONAL FIRE CODE WITH THE 2013
CALIFORNIA FIRE CODE ADOPTED BY REFERENCE.
A. The City Council hereby adopts all chapters, certain amendments,
additions, deletions and exceptions to the 2012 International Fire Code, with
errata, incorporating Part 9 of Title 24 of the California Code of Regulations
known as the 2013 California Fire Code, with errata, including the 2013 Fire
Code Chapter 1 as amended, Chapter 2 as amended, Chapter 4 as
amended, Chapter 5 as amended, Chapter 9 as amended, Chapter 20 as
amended, Chapter 23 as amended, Chapter 48 as amended, Chapter 57 as
amended, Appendix Chapter 4, Appendix B as amended, , Appendix C as
amended, Appendix CC, Appendix D as amended, Appendix E, Appendix F,
Appendix G, Appendix H, Appendix I, and Appendix K as adopted by the
California Building Standards Commission ,Chapter 9.02, the Zoning Code,
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as set forth in Title 17 of this Code, and any other City regulations relating to
existing zoning, fireworks, building trades, is hereby adopted. The provisions
of the International Fire Code, with errata, California Fire Code, and Fire
Code Appendices, as indicated above, shall be applicable in the City and
referred to as the "Fire Code of the City of Culver City."
B. One copy of the Fire Code of the City of Culver City shall be
available in the Culver City Fire Prevention office for public inspection.
§ 9.02.010 VIOLATIONS AND PENALTIES.
A. No person shall violate any provision or fail to comply with the
requirements of the Fire Code of the City of Culver City, hereinafter referred
to as the “Fire Code.” Any person violating any of the provisions or failing to
comply with any of the requirements of the Fire Code shall be guilty of a
misdemeanor, and shall be punished in accordance with §1.01.035 and
§1.01.040 of this Code.
B. In addition to the penalties herein provided above, any condition
caused or permitted to exist in violation of any provision of the Fire Code,
shall be deemed a public nuisance and may be summarily abated as such,
and each day such condition continues, shall be regarded as a new and
separate offense.
§ 9.02.015 AMENDMENTS, ADDITIONS, DELETIONS, AND
SUBSTITUTIONS.
The Fire Code is amended as provided in this Subchapter.
§ 9.02.020 AMENDMENT; Chapter 1, DIVISION II OF
THE CALIFORNIA FIRE CODE.
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Section 104.1.1 Fire Prevention Standard Operating Policy Manual. A
Fire Code Departmental Policy Manual, known as the Culver City Fire
Prevention Standard Operating Guidelines has been created and adopted to
serve as instructions and interpretations of the adopted Fire Code. The Policy
Manual shall be a published document, maintained in the Fire Prevention
office, and amended from time to time to provide current instruction and
interpretation.
Section 105.1.1.1 Permit Fees. Permit Fees shall be adopted by
resolution of the City Council.
Section 105.6.3.1 Aviation
An operational permit is required for all types of aircraft that are flying,
hovering, landing, lifting, filming, parking, or similar activities.
Section 105.6.34.1 Special Events and Assemblage
A permit is required for special events and assemblages.
Section 105.6.48 Non-Defined Operations.
An operational permit may be required after a Fire Department Review for
hazards to people or property from the proposed operation, system or event.
Section 105.6.49 Installation Contractor Permit.
An Installation Contractor permit shall be obtained prior to obtaining a
Suppression/ Detection permit for life safety system installations, service
repairs, maintenance or testing. Permit fees shall be per City Council fee
schedule adopted by City Council Resolution.
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Section 108.4 Appeals. Protests and appeals from the enforcement of this
Code shall be made to the Municipal Code Appeals Committee in
accordance with the Culver City Municipal Code Sections 9.04.425 and
9.04.445.
§ 9.02.025 AMENDMENT; CHAPTER 2 OF THE CALIFORNIA FIRE CODE.
Chapter 2 Definitions is hereby amended to read as follows:
Section 202, Existing Building/structure square footage.
The existing square footage of a building/structure is defined as the
remaining square footage after all demolition of the building has been
completed.
Section 202, Existing Roof Structure square footage.
The existing square footage of a roof structure is defined as the remaining
square footage of the roof structure after all demolition of the roof structure
has been completed.
9.02.30 AMENDMENT; CHAPTER 4 OF THE CALIFORNIA FIRE CODE
Chapter 4 is hereby amended to read as follows:
401.1.1 Permits. A permit shall be required as set forth in the Culver City, City
Council approved fee schedule for all special event and assemblages.
Section 403.1.1.1. Special Event Application and Submittals.
All special events and assemblages shall be submitted to the fire department
for review. All applications shall have a contact name, phone number,
business name, address, a plot plan, floor plan and sufficient detail and
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information to allow for a comprehensive evaluation. Permits, Fire Safety
Officers, security, and other issues determined by the review shall be
provided by the event organizer prior to allowing the event or assemblage to
operate. Tents in excess of 400 square feet needed for a special event or
assemblage shall meet the requirements of Chapter 31 and require a
separate fire permit.
Section 408.11.2.1 Identification. Identification numbers shall be provided for
all individual units in covered mall buildings, multi-unit buildings and other
commercial complexes, and shall be placed in such a position as to be plainly
visible and legible. The position and size of such identification numbers shall
be determined by the Fire Code Official. Numbers and names shall be
provided for all enclosed rooms and spaces, including service rooms,
mechanical rooms, closets, and similar spaces to identify use.
§ 9.02.035 AMENDMENT; CHAPTER 5 OF THE CALIFORNIA FIRE CODE.
Chapter 5 is hereby amended to read as follows:
Section 503.1.2.1 Difficult apparatus access. If the Fire Code Official or
his/her designee determines that access for fire apparatus and equipment to
any building or structure is unduly difficult, installation of an automatic fire-
extinguishing system shall be required.
Section 504.1 Required Access.
504.1.1 Keysets, handles, locks and keys.
As determined by a fire department review, all noted exterior doors shall be
provided with locksets and handles for Fire Department Access. Keys for
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required access shall be provided by the owner and made readily available in
the KNOX Box.
Section 504.5 Catwalks and Ladders. Upon review, buildings with parapets
and other construction that exceeds five (5) feet from the roof may be
required to provide non-combustible catwalks and ladders.
Section 504.6 Exterior Structure Requirements. All buildings with wall tops
and/or parapets with soft materials, rails or other construction that creates a
hazard to safe access for firefighting purposes shall have solid surfaces to
support the use of ladders, firefighters with gear and other suppression
equipment. Review and approval of surfaces shall be by the Fire Code
Official.
Section 507.1.1 Hydrant location for new sprinkler systems.
Fire Hydrants shall not be located more than 250 feet from the Fire
Department Connection.
Section 509.3. Ventilation/exhaust fan Controls. When the Building Code
requires a mechanical ventilation/exhaust system for enclosed areas and
parking structures (other than in enclosed malls or high rise buildings) the
mechanical exhaust system shall include a Fire Department manual control
switch(s); The design and submittal of the Manual Control Switch shall
include an “Off, On, Automatic” operations provided to the Culver City Fire
Prevention Division and the Building Department for review and issuance of
permits. Location of Manual fan control switch(s) shall be in a fire department
approved location.
§ 9.02.040 AMENDMENT; CHAPTER 9 OF THE CALIFORNIA FIRE CODE
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Chapter 9 of the Fire Code is hereby amended to read as follows:
Section 901.4.1.1 An automatic fire-extinguishing (sprinkler) system shall be
installed in every new building in the City, including any new residential
building, hereinafter constructed or moved into the City, regardless of area
separation or type of construction.
EXCEPTION: New buildings less than 500 square feet may be exempted
upon approval of the Fire Code Official.
Section 901.4.1.3 Commercial, Industrial and Multi-family. In existing
commercial, industrial and multi-family residential occupancies, fire sprinklers
shall be required in existing and new portions of the building for height
increases, area increases of 50% or more, and for any occupancy change
that increases fire risk or hazard.
Section 901.4.1.4 Residential. Existing one and two family dwellings shall
be required to install a full automatic fire sprinkler system in existing and new
portions of the building when a story is added, more than 75% of the existing
roof structure is replaced, or when the enclosed floor area is increased by
more than 75%. NOTE: See Culver City Amended Chapter 2 for the definition
of "EXISTING BUILDING/STRUCTURE AND ROOF STRUCTURE".
Section 903.3.5.1.1. LIMITED AREA SPRINKLER SYSTEMS DELETED,
REPLACED BY new Section 903.5.1.1. Partial Fire Sprinkler Systems.
Where in the Fire Code or the Building Code a partial fire sprinkler system is
allowed or required, the fire sprinkler system shall be installed, modified or
extended to protect the entire building or structure.
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Section 903.3.5.3 Hydraulically calculated systems. The design of
hydraulically calculated fire sprinkler systems shall not exceed 90% of the
water supply capacity.
Section 903.3.5.4 Sprinkler Control Valves and Equipment. Sprinkler shutoff
valves, flow switches, gauges, and drains shall be required on each floor of
buildings three stories or greater in height.
Section. 907.1.2(9) Voltage Drop Calculations. Maximum percent of voltage
drop on any initiation, output, audible/visual circuit or load consuming circuit
shall not exceed percentage as required per UL and manufacturer’s
requirements.
Section. 907.1.6 Projection Room Controls. All projection equipment and
audio equipment shall be interconnected to the fire alarm system for shut
down, upon an interrupt signal from the fire alarm panel, to prevent
interference of all visual and audible evacuation devices and directions from
the theatre staff for evacuation directions.
§ 9.02.045 AMENDMENT; CHAPTER 20 OF THE CALIFORNIA FIRE
CODE.
Chapter 20 is hereby amended to read as follows:
Section 2001.4 Permits. All flight operations within the City of Culver City
are required to have an approved Culver City Fire Department permit.
Permits shall cover but not be limited to: flight to perform lifts, hovering, fly
over, landings, filming and other operations while flying, hovering or landing.
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Commercially operated radio controlled aircraft shall provide a flight plan
approved by the FAA, with sufficient details to allow for review and approval
from the Culver City Fire Department.
Section 2001.5 Operation and review standards.
Compliance with CA Fire Code Chapter 20 and CCMC 9.09 shall be used to
obtain a flight permit and the requirements for flight operations and
approvals. All operations shall be reviewed and approved by the fire
department. Landing, fueling, repairs, and storage are limited.
The need for providing standby personnel, Fire Safety Officers and permits
for any or all activities shall be determined by the Fire Department.
§ 9.02.050 AMENDMENT; CHAPTER 23 OF THE CALIFORNIA FIRE
CODE.
Chapter 23 is hereby amended to read as follows:
Section 2301.7 Class III-B Liquids. Where in this chapter there is a
requirement for Class III-A Liquids, this same requirement shall apply to
Class III-B Liquids.
§ 9.02.055 AMENDMENT; CHAPTER 48 OF THE CALIFORNIA FIRE
CODE.
Chapter 48 is hereby amended to read as follows:
Section 4804.6.1 Illumination. The approved perimeter aisles shall be
illuminated at floor level with light fixtures spaced at intervals of not more than
fifty (50) feet apart and providing a minimum light intensity of not less than (1)
foot-candle. Power for the emergency light fixtures shall be supplied as
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required by Culver City Fire Department Regulations. All Exit and Emergency
lights shall comply with the Building Code requirements for two sources of
power with one of the two sources of power provided by approved batteries.
Section. 4804.10 Flammable Liquids and Compressed Gases on Sound
Stages. Unless approved, in writing, by the Fire Code Official, flammable
liquids and compressed flammable gases shall be prohibited on television
and motion picture sound stages.
Section 4804.11 Fire Department Filming and Performance Regulations.
All Motion Picture and Television Production Studio Sound Stages, Approved
Production Facilities and Productions Locations shall comply with Culver City
Fire Department Filming and Performance Regulations. Fire Department
Filming Regulations are available for review at the Fire Prevention Counter.
§ 9.02.060 AMENDMENT; CHAPTER 57 OF THE CALIFORNIA FIRE
CODE.
Chapter 57 is hereby amended to read as follows:
Section 5701.6 Class III-B Liquids. Where in this chapter there is a
requirement for Class III-A Liquids, this same requirement shall apply to
Class III-B liquids.
§ 9.02.65 AMENDMENT; APPENDIX B OF THE CALIFORNIA FIRE CODE.
Appendix B, Exception, is hereby amended to read as follows:
Section B105.2, Exception: The reduction in required fire flow of up to 50
percent, as approved, is allowed when the building or structure is provided
throughout with an approved automatic fire sprinkler system installed in
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accordance with Section 903.3.1.1 or 903.3.1.2. The minimum resulting fire-
flow shall not be less than 1,500 gallons per minute (5678 L/min) for the
prescribed duration as specified in Table B105.1.
§ 9.02.70 AMENDMENT; APPENDIX C OF THE CALIFORNIA FIRE CODE.
Appendix C is hereby amended to read as follows:
Section C101.1.2. Whenever the reference is made to Table C105.1, use
Culver City Fire Department requirements of 300 foot fire hydrant spacing in
commercial/industrial areas and 600 foot spacing in residential areas for
Hydrant Placement, Spacing and Specifications. Maximum distance of a fire
hydrant to an FDC shall not exceed 150 feet.
§ 9.02.75 AMENDMENT; APPENDIX D, OF THE CALIFORNIA FIRE CODE.
Appendix D is hereby amended to read as follows:
Section D101.1.2. Use table as indicated. Upon review of a project and based
on Fire Department access and water supplies, the Fire Department may
change the tables to mitigate special hazards.
FIREWORKS
§ 9.02.200 DEFINITIONS.
The following words and phrases, as used in this Subchapter, are defined
as follows:
FIREWORKS. Means and includes any combustible explosive
composition, or any substance or combination of substances, or article
prepared for the purpose of producing a visible or an audible effect by
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combustion, explosion, deflagration, or detonation, and shall include blank
cartridges, toy pistols, toy cannons, toy canes, or toy guns in which
explosives are used, the type of balloons which require fire underneath to
propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Day
glow bombs, sparklers, or other devices of like construction and any devices
containing any explosives or flammable compound, or any tablets or other
device containing any explosive substance, except that the term
FIREWORKS shall not include any auto flares, paper caps containing not in
excess of an average of twenty-five hundredths (.25) of a grain of explosive
content per cap, and toy pistols, toy canes or toy guns or other devices for
use of such caps, the sale and use of which shall be permitted at all times.
PERSON. Includes any individual, firm, partnership, joint venture,
association concern, corporation, estate, trust, business trust, receiver,
syndicate, or any other group or combination acting as a unit.
PUBLIC DISPLAY OF FIREWORKS. An entertainment feature where the
public is admitted or permitted to view the display or discharge of fireworks,
including but not limited to those above defined.
§ 9.02.205 SALE, USE OR TRANSPORTATION OF FIREWORKS;
PROHIBITIONS AND RESTRICTIONS.
A. Except as provided herein, it shall be unlawful for any person to use,
possess, sell or discharge any fireworks of any kind within the City.
B. Fireworks may be transported through the City from and to points
outside the City by any wholesaler, retailer, jobber, warehouseman, or
manufacturer; provided that, no fireworks shall be so transported without
written approval of the Fire Code Official, which approval shall be revocable
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for cause and shall be granted only upon application therefore setting forth
the description of the route to be used for the transportation and such other
information as the Fire Chief shall require.
C. Fireworks may be transported through the City from and to points
outside the City by an ultimate consumer of the fireworks.
D. Fireworks may be kept or stored by City safety officers in a safe and
secure place pending the lawful disposal thereof.
E. A person may use, store and possess fireworks in order to conduct a
public display of fireworks after obtaining a permit pursuant to this
Subchapter.
F. Nothing in this Subchapter shall be construed to prohibit the use of
fireworks by personnel of railroads or other transportation agencies for signal
purposes or illumination, or the sale or use of blank cartridges for a show or
theater, or for signal or ceremonial purposes in athletics or sports, or for use
by military organizations.
G. Nothing in this Subchapter shall be construed to prohibit the
assembling, compounding, use and display of fireworks of whatever nature
by any person engaged in the production of motion pictures, theatricals, or
operas or when such use and display is a necessary part of the production
and such person possesses a valid permit to purchase, possess, transport or
use such fireworks as required by State and local regulations.
§ 9.02.210 PERMITS TO CONDUCT DISPLAYS OF FIREWORKS
GRANTED BY CITY COUNCIL.
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The City Council, by resolution, upon written application as provided in this
Subchapter and subject to the provisions of this Subchapter, may grant two
(2) permits to conduct a public display of fireworks in a calendar year, each
display to occur on a separate date. The City Council may by resolution,
grant an additional special permit for a public fireworks display sponsored by
the City.
§ 9.02.215 APPLICATION FOR PERMIT; CONDITIONS FOR FILING.
An application for a permit to conduct a public display of fireworks shall be
filed in compliance with all of the following:
A. Application for a permit to conduct a public display of fireworks shall
be filed in the Office of the City Manager, on forms provided by the City, at
least 180 days prior to the date requested for conducting the public display of
fireworks.
B. The following information shall be included on the application:
1. The location of the public display of fireworks as approved by the
Culver City Fire Department;
2. The location for storage of the fireworks to be displayed as
approved by the Culver City Fire Department, if within the City;
3. Who, if anyone, will provide management services to the applicant
for the public display of fireworks and evidence that such manager has
complied with all business tax certificate requirements; and
4. Transportation routes and any other information deemed
necessary by the City Council for the consideration of the application.
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C. Evidence of the following types of insurance in a form with
endorsements as approved by the City Attorney and in an amount as
established by the City Attorney and the Fire Chief, but not less than One
Million Dollars ($1,000,000.00) shall be filed with the application:
1. Public liability insurance; combined single limit, bodily injury and
property damage, each occurrence;
2. Premises/operation liability;
3. Contractual liability, specifically referencing indemnification
agreements with the City; and
4. Products liability, including completed operations liability.
D. All fees required pursuant to this Code and City Council resolution
shall be paid at the time of filing the application; and
E. Evidence of compliance with any special conditions required by the
Culver City Fire Department because of the location of the public display of
fireworks.
§ 9.02.220 CONDITIONS GOVERNING PERMIT.
Any permit granted to conduct a public display of fireworks shall be
governed by all of the following:
A. The public display of fireworks shall be conducted by a duly licensed
pyrotechnician who shall have obtained Culver City Fire Department approval
no later than the last day of June of the year in which the permit is granted;
B. One public display of fireworks may be conducted on July 4th, and
one may be conducted in conjunction with Culver City High School's annual
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homecoming celebration. Any fireworks display shall be conducted strictly in
accordance with all regulations and conditions specified in this Subchapter
and in the Council resolution granting the permit;
C. Any attempt to transfer a permit to any person shall void the permit;
D. The permittee shall agree, in writing, to indemnify and hold harmless
the City, its officers, representatives, and employees from any loss or liability
or damages, including expenses and costs, for bodily injury or property
damage sustained by any person as a result of any operation related to the
permit; and
E. Failure to comply with any of the provisions of this Subchapter shall
preclude consideration of any application filed if permits have not been
granted thereunder; and shall be sufficient cause of the revocation of any
permit previously issued.
§ 9.02.225 SEIZURE OF UNAUTHORIZED FIREWORKS.
Any duly authorized member of the Fire Department or Police Department
shall seize, take, remove or cause to be removed at the expense of the
owner all stocks of fireworks displayed, stored, held or offered or exposed for
sale in violation of this Subchapter.
§ 9.02.230 DISPOSAL OF FIREWORKS.
Any fireworks that remain unfired after the public display of fireworks is
concluded, or which are seized pursuant to § 9.02.225, shall be disposed of
in a way safe for the particular type of fireworks.
§ 9.02.235 CHANGE TO TIME LIMITS.
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The City Council, by resolution, may extend or shorten the time
requirements established by this Subchapter.
§ 9.02.240 RESCISSION OF PROHIBITION.
The prohibition set forth in § 9.02.205 shall not be rescinded by the City
Council without the approval of a majority of the voters voting at a regular or
special election.
ADMINISTRATIVE ASSESSMENT COST RECOVERY PROGRAM
§ 9.02.300 DEFINITIONS.
For the purpose of this Subchapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
CULVER CITY MUNICIPAL CODE. The ordinances embraced in the
Chapters and Sections found in “The Code of the City of Culver City,
California,” hereinafter referred to as “CCMC.”
FAILURE TO NOTIFY.
1. Pre-Test Notification Failure - failure to notify the Fire Department
before proceeding with any testing of a fire alarm or fire suppression system
which results in an unnecessary response.
2. Post-Test Notification Failure - failure to notify the Fire
Department after completion of testing and/or maintenance of a fire alarm or
fire suppression system, which results in an unnecessary response.
FALSE ALARM. The deliberate reporting of an alarm for which no fire or
emergency actually exists or an alarm that is set off “needlessly” includes, but
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is not limited to, the triggering of an alarm by conditions that are not typical of
a current or impending fire emergency.
FIRE CODE. The “Fire Code of the City of Culver City” as defined in §
9.02.005 of the CCMC.
FIRE CODE STANDARDS. Volume 2 of the “International Fire Code”
published by the International Code Council.
HAZARDOUS MATERIALS. Any material that, because of its quantity,
concentration, or physical or chemical characteristics, poses a significant or
potential hazard to human health and safety, to the environment, or to
property if released. For the purposes of this chapter HAZARDOUS
MATERIALS include, but are not limited to, hazardous materials as defined
in § 9.03.105 N., O., or P. of the CCMC, and other substances known to
cause harm to the environment if released such as used oil, paint, paint
residues, and solvents.
HOUSEHOLD HAZARDOUS WASTE. Hazardous waste generated from
a Culver City household in conducting non-commercial activities.
MUNICIPAL CODE APPEALS COMMITTEE. The committee is
authorized to hear appeals of alleged violations of the CCMC. [CCMC §
9.04.425].
RE-INSPECTION. A repeat inspection for compliance after the issuance
of an “Order to Comply” served by a member of the Culver City Fire
Department to any person, firm or corporation to correct a Fire Code
violation.
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SEWER SYSTEM. All pipes, drains, channels, and other means used to
transport sewage to the Hyperion Water Treatment Plant, or other City-
authorized treatment facility for treatment (e.g. household or commercial
drains, and the like).
STORM DRAIN SYSTEM. All pipes, drains, channels, and other means
used to transport surface waters to the ocean without treatment (e.g.,
curbside drains, La Ballona Creek, and the like).
UNAUTHORIZED DISCHARGE. A release or emission of materials in a
manner which does not conform to the provisions of this code [CCMC §
9.02.005] or applicable public health and safety regulations.
§ 9.02.305 HAZARDOUS MATERIALS CLEANUP.
A. Violation. It shall be a violation of this Section to release hazardous
materials in an unauthorized manner. At no time shall a hazardous material
be released into a street or surface where the drainage is to the storm drain
system.
B. Responsibility for cleanup. The person, firm or corporation
responsible for an unauthorized discharge, shall institute and complete all
actions necessary to remedy the effects of such unauthorized discharge,
whether sudden or gradual, at no cost to the jurisdiction. When deemed
necessary by the Fire Code Official or his designee, cleanup may be initiated
by the Fire Department or by an authorized individual or firm. Costs
associated with such a cleanup shall be borne by the owner, operator or
other operator or other person responsible for the unauthorized discharge.
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C. Assessment of administrative charges. Costs are determined based
on actual personnel costs plus benefits, and estimated costs of equipment
per unit response, plus any other applicable expenditure.
§ 9.02.310 FALSE ALARMS; VIOLATIONS.
A. Violation. It shall be a violation of this Section for:
1. Any person, firm, entity or corporation to cause or allow more than
four (4) false alarms within the prior three hundred sixty-five (365) days from
a facility in a residential, commercial, or manufacturing zone; or any other
zone recognized by the Culver City Municipal Code.
2. An alarm company to cause or allow more than one (1) “Failure to
Notify” the Culver City Police/Fire Dispatcher to testing, inspecting, or
maintaining a fire suppression and/or alarm system of a specified facility
within the prior three hundred sixty five (365) days. For notification
requirements for maintenance, service and testing see California Fire Code
Chapter 9, section 901.
3. An alarm company to cause or allow more than one (1) “Failure to
Notify” the Culver City Police/Fire Dispatcher within one (1) hour after
completion of testing, inspecting, or maintaining a fire suppression and/or
alarm system of a specified facility, within the prior three hundred sixty-five
(365) days. For notification requirements for maintenance, service and testing
see California Fire Code Chapter 9, section 901.
B. Assessment of administrative charges. An administrative charge of
One Hundred Dollars ($100.00) will be assessed for each additional false
alarm above the limits as set forth in Subsection A.
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§ 9.02.315 RE-INSPECTIONS.
A. Violation. It shall be a violation for any person, firm, entity or
corporation to fail to comply within the prescribed time with orders to comply
issued by the Culver City Fire Department.
B. Violation corrected. Where the violation has been corrected within
the time period prescribed as confirmed by inspection or other proof
acceptable to the Fire Marshal, the case shall not be assessed.
C. Violation not corrected. Where the violation has not been corrected
within the time period prescribed by the Fire Department, any additional
compliance inspection(s) shall be assessed to the violator at an
administrative charge of One Hundred Dollars ($100.00) for the first
additional inspection. If compliance is still not achieved, a further
administrative charge of Five Hundred Dollars ($500.00) per each additional
inspection required shall be assessed.
§ 9.02.320 PENALTIES.
In addition to any administrative costs as described above, violations of
this Section shall be punished as:
A. For the first violation in a twelve (12) month period as an infraction;
B. For the second and each subsequent violation in a twelve (12) month
period as an infraction or misdemeanor as determined by the City Attorney.
§ 9.02.325 APPEALS.
A. The “initial warning” cannot be appealed. Subsequent notices and
orders can be appealed to the Municipal Code Appeals Committee. To
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contest first and subsequent notices and orders to comply, and/or the
administrative fee assessment, a written objection must be filed with the City
Clerk's office within ten (10) days of receipt of the appealable notice or order.
The City will notify each appellant of the date and time of the scheduled
informal hearing.
B. Those who wish to appeal an Order to Comply an Administrative
Assessment shall follow the process set forth on the order to comply form
and appropriate City procedures.
SECTION 3: Nothing in this Ordinance shall be construed to affect
any suit or proceeding impending in any court, or any rights acquired, or
liability incurred, or any cause or causes of action acquired or existing, under
any act or Ordinance hereby repealed as cited in Section 1 of this Ordinance;
nor shall any just or legal right or remedy of any character be lost, impaired or
affected by this Ordinance.
SECTION 4: Pursuant to Section 619 of the City Charter, this
Ordinance shall take effect thirty (30) days after its adoption. Pursuant to
Section 616 and 621 of the City Charter, prior to the expiration of fifteen (15)
days after the adoption, the City Clerk shall cause this Ordinance, or a
summary thereof, to be published in the Culver City News and shall post this
Ordinance or a summary thereof in at least three (3) places within the City.
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SECTION 5: City Council hereby declares that, if any provision,
section, subsection, paragraph, sentence, phrase or word of this Ordinance is
rendered or declared invalid or unconstitutional by any final action in a court
of competent jurisdiction or by reason or any preemptive legislation, then the
City Council would have independently adopted the remaining provisions,
sections, subsections, paragraphs, sentences, phrases, or words of this
Ordinance, and as such they shall remain in full force and effect.
APPROVED and ADOPTED this day of 2014.
MEGHAN SAHLI-WELLS, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN COLE CAROL A. SCHWAB
City Clerk City Attorney