Legislation Details

File #: HIST-16092    Version: 1 Subject:
Type: Historical Status: Public Hearing
In control: City Council Meeting Agenda
On agenda: 2/28/2011 Final action: 2/28/2011
Title: PUBLIC HEARING (1) Introduction of an Ordinance Repealing and Replacing Chapter 9.02 of Title 9 of the Culver City Municipal Code and Adopting by Reference the 2010 California Fire Code with Local Amendments; and (2) Adoption of a Resolution Making Express Findings for the Modification of the Fire Code Based on Local Climatic, Geological and Topographical Conditions.
Attachments: 1. PUBLIC HEARING (1) Introduction of an Ordinance R - PH-2__11-02-28__FD__PUBLIC HEARING__Fire Code Adoption - FINAL.docx, 2. PUBLIC HEARING (1) Introduction of an Ordinance R - 11-02-28_ATT_FD_ORD_Fire Code Adoption.pdf
City of Culver City, California Agenda Item Report RECOMMENDATION: Staff recommends the City Council, subsequent to conducting a Public Hearing: (1) introduce an ordinance repealing and replacing Chapter 9.02 of Title 9 of the Culver City Municipal Code and adopting by reference the 2010 California Fire Code (CFC) with local amendments; and (2) adopt a resolution making express findings for modification to the Fire Code based on local climatic, geological and topographical conditions. PROCEDURE: 1. Mayor requests a motion to receive and file the affidavit of publication and posting of notice of public hearing; 2. Mayor calls for a staff report; 3. The City Council poses questions to staff as desired; 4. Mayor opens public hearing, invites public comments; 5. Mayor requests a motion to close the public hearing; 6. The City Council discusses the matter and takes desired actions. Meeting Date: 02/28/2011 Item Number: PH-2 CITY COUNCIL AGENDA ITEM - PUBLIC HEARING (1) Introduction of an Ordinance Repealing and Replacing Chapter 9.02 of Title 9 of the Culver City Municipal Code and Adopting by Reference the 2010 California Fire Code with Local Amendments; and (2) Adoption of a Resolution Making Express Findings for the Modification of the Fire Code Based on Local Climatic, Geological and Topographical Conditions. Contact Person/Dept.: Michael Bowden, Fire Prevention Phone Number: (310) 253-5926 Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X] Public Hearing: [X] Action Item: [] Attachments: [X] Commission Action Required: Yes [] No [X] Date: _______________ Public Notification: Publication in the Culver City News on February 17, 2011; Meetings and Agendas – City Council (02/23/11) Department Approval: Chris Sellers (by M. Bowden 2/16/11) City Attorney Approval: Carol Schwab (by L. Vidra 2/16/11) Chief Financial Officer Approval: Jeff Muir (by M. Noller) (02/23/11) City Manager Approval: John M. Nachbar (02/23/11) City of Culver City, California Agenda Item Report BACKGROUND: In California, the State Fire Marshal has adopted the 2010 CFC based upon the 2009 International Fire Code (IFC) as Part 9 of Title 24 of the California Code of Regulations. Title 24 is commonly referred to as the California Building Standards Code. The IFC is a model code developed by the International Code Council which combined three of the major model code groups into one council with the intent to create one universal code for the entire United States. During 2009, the State Fire Marshal amended the 2009 IFC which became the 2010 CFC. It became state law on January 1, 2011. Local jurisdictions may amend and adopt the CFC to fit local requirements. If no action is taken, the local jurisdiction is required to operate solely under State regulations. Culver City is currently using the 2007 California Fire Code, with local amendments. DISCUSSION The Fire Department is requesting the current Culver City Fire Code, contained in Culver City Municipal Code (CCMC) Chapter 9.02, be repealed, and a new ordinance adopting the 2010 California Fire Code with local amendments be adopted in its place. There are minor changes based on text for reorganization, text adjustments, and amendments to Chapters 1 through 48, and various appendix sections being proposed. Most of the proposed changes to Chapter 9.02 of the CCMC involve section number changes due to numbering revisions in the 2007 California Fire Code or deleted items due to the new code meeting or exceeding the local amendments. Health and Safety Code Sections 17921 and 17922, as well as the City’s Charter Section 618, permit adoption of the CFC by reference. Health and Safety Code Section 13143.5 allows the City, by ordinance, to make changes or modifications that are more stringent than the requirements set by the State. Pursuant to Health and Safety Code Sections 17958.5 and 17958.7, whenever a jurisdiction adopts regulations that are more restrictive than the State standards, certain findings of fact must be made. These findings are presented in a proposed resolution along with the introduction of the new ordinance (this adoption cycle, there are only minor new local requirements; the majority of this process will simply City of Culver City, California Agenda Item Report reaffirm existing local amendments). A copy of these findings will be filed with the State of California, Building Standards Commission. Pursuant to Government Code Section 50022.3, there shall be a public hearing, and notice of the hearing date, time and location shall be published in a local newspaper. The public notice was published in the Culver City News on February 17, 2011. Per Government Code Section 50022.6, a copy of the 2010 California Fire Code was filed with the Office of the City Clerk and will be kept there for public inspection until after adoption of the 2010 CFC by reference, at which time it will be kept in the Office of the Culver City Fire Marshal located in Fire Prevention. FISCAL ANALYSIS: Because the proposed code has no significant changes from the existing code, there is no fiscal impact expected as a result of adopting the amended CFC. ATTACHMENTS: 1. Proposed Ordinance 2. Proposed Resolution 3. Culver City Municipal Code Chapter 9.02 4. Copy of Public Notice MOTION: That the City Council: 1. Introduce an Ordinance repealing and replacing Chapter 9.02 of Title 9 of the Culver City Municipal Code and adopting by reference the 2010 California Fire Code, with local amendments; and 2. Adopt a resolution making express findings for modification to the Fire Code based on local climatic, geological and topographical conditions. MEETING DATE: February 28, 2011 AGENDA ITEM: A Public Hearing (1) Introducing an Ordinance Repealing and Replacing Chapter 9.02 of Title 9 of the Culver City Municipal Code and Adopting by Reference the 2010 California Fire Code with Local Amendments; and (2) Adoption of a Resolution Making Express Findings for the Modification of the Fire Code Based on Local Climatic, Geological and Topographical Conditions. ATTACHMENTS Paaes 1. Proposed Ordinance 1-22 2. Proposed Resolution 23-39 3. Culver City Municipal Code Chapter 9.02 40-53 4. Public Notice 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 2011- 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 2010 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 California Code of Regulations, Title 24, Part 9, known as the 2010 California Fire Code, incorporating the International Fire Code, 2009 Edition, published by the International Code Council, with errata, including the 2010 California 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, is hereby 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 with the City Clerk of Culver City and kept in the Fire Prevention Office, 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. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2010 California Fire Code adopted by reference 9.02.010 Violations and penalties 9.02.015 Amendments, additions, deletions, and substitutions 9.02.020 Amendments; Chapter 1 of the California Fire Code 9.02.025 Amendments; Chapter4 of the California Fire Code 9.02.030 Amendments; Chapter 5 of the California Fire Code 9.02.035 Amendments; Chapter 9 of the California Fire Code 9.02.040 Amendments; Chapter 11 of the California Fire Code 9.02.045 Amendment; Chapter 22 of the California Fire Code 9.02.050 Amendment; Chapter 33 of the California Fire Code 9.02.055 Amendment; Chapter 34 of the California Fire Code 9.02.060 Amendments; Chapter 48 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 9.02.225 Seizure of unauthorized fireworks -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2010 CALIFORNIA FIRE CODE ADOPTED BY REFERENCE. A. The City Council hereby adopts all chapters, certain amendments, additions, deletions and exceptions to California Code of Regulations, Title 24, Part 9, known as the 2010 California Fire Code, incorporating the International Fire Code, 2009 Edition, published by the International Code Council, with errata, including the 2010 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 and Appendix J, as amended by the State Fire Marshal and adopted by the California Building Standards Commission. The provisions of the California Fire Code, and Fire Code Appendices, as indicated above, shall be -3- 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 AMENDMENTS; CHAPTER 1 OF THE CALIFORNIA FIRE CODE. Section 103.1.1 Department of Fire Prevention Whenever the term "Department of Fire Prevention" is used in this Code it shall mean the "Fire Prevention and Arson Investigation Division." Section 104.11.4 Arrest, Search and Seizure The apprehension and prosecution of anyone suspected of violating any fire law or arson statute. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 flying, hovering, landing, and lifting, filming, parking or similar activities. Section 105.6.34.1 Special Events and Assemblage An operational 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 105.7.15. Roof Obstructions A permit is required for the installation or modification of solar photovoltaic systems as defined in CCFD Regulation 5-10, roof gardens, landscaped areas or similar obstructions on any roof that covers more than 50% of the roof surface. Exception: Non-habitable structures include but are not limited to, shade structures, private carports, solar trellises, etc. Section 108.4 Appeals Protests and appeals from the enforcement of this subchapter shall be made to the Municipal Code Appeals Committee in accordance with sections 9.04.425 and 9.04.445 of the Culver City Municipal Code. § 9.02.025 AMENDMENTS; CHAPTER 4 OF THE CALIFORNIA FIRE CODE. Chapter 4 is hereby amended to read as follows: Section 401.1.1 Permits -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 needed for the special event or assemblage shall meet the requirements of CFC Chapter 24 and shall 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. § 9.02.030 AMENDMENTS; 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, not otherwise required hereunder to maintain an automatic fire-extinguishing system, is -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 unduly difficult, installation of an automatic fire-extinguishing system shall be required. Section 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 required access shall be provided by the owner and made readily available in the KNOX Box. Section 510.4. Emergency Responder Radio Coverage Section 510 and Appendix J shall be used when radio coverage within a building or structure are below Culver City Fire Department Standards as determined by fire department radio staff testing. § 9.02.035 AMENDMENTS; CHAPTER 9 OF THE CALIFORNIA FIRE CODE. Chapter 9 of the Fire Code is hereby amended to read as follows: Section 901.4.1.1 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. Section 901.4.1.2 Fire Sprinkler Requirements 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 Fire Sprinkler Requirements for Existing Commercial, Industrial and Multi-family Occupancies -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 any occupancy change that increases fire risk or hazard. Section 901.4.1.4 Fire Sprinkler Requirements for Existing Residential Occupancies 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 the enclosed floor area is increased by more than 75%. Section. 901.4.5 Systems Maintenance Sprinkler systems, fire hydrant systems, standpipe systems, fire alarm systems, portable fire extinguishers, smoke and heat ventilators, smoke- removal systems and other fire-protective or extinguishing systems or appliances shall be maintained in an operative condition at all times and shall be replaced or repaired where defective. Fire-protection or extinguishing systems coverage, spacing and specifications and fire alarm systems shall be maintained in accordance with recognized standards at all times. Such systems shall be extended, altered or augmented as necessary to maintain and continue protection whenever any building so equipped is altered, remodeled or added to. Additions, repairs, alterations and servicing shall be in accordance with approved standards. A report of system activation, cause and correction shall be forwarded to the Fire Prevention Office after each incident. Section 901.6.1.1 Fire Sprinkler Costs Automatic fire-extinguishing systems shall be installed and maintained at the owner's expense. -8- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10%. 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. § 9.02.040 AMENDMENTS; CHAPTER 11 OF THE CALIFORNIA FIRE CODE. Chapter 11 is hereby amended to read as follows: Section 1101.4 Permits All flight operations within the City of Culver City are required to have an approved Culver City Fire Department permit, see section 105.6 and 105.7 for permit requirements. 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. Commercially operated radio controlled aircraft shall provide a flight plan and sufficient details to allow a review and for the operator to obtain an approved permit from the Culver City Fire Department. Section 1101.5 Operation and review standards Compliance with CA Fire Code Chapter 11 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1107.1.1 Emergency Helistop All high-rise buildings, 75 feet or higher, on which construction begins after the date of adoption of this Code, shall have an approved Emergency Helistop on the roof or top floor, unless a written exception request is approved by the Fire Code Official. § 9.02.045 AMENDMENT; CHAPTER 22 OF THE CALIFORNIA FIRE CODE. Chapter 22 is hereby amended to read as follows: Section 2201.7 Class 111-B Liquids Where in this chapter there is a requirement for Class III-A Liquids, this same requirement shall apply to Class II I-B Liquids. § 9.02.050 AMENDMENT; CHAPTER 33 OF THE CALIFORNIA FIRE CODE. Chapter 33 is hereby amended to read as follows: Section 3301 thru 3308 EXPLOSIVES AND FIREWORKS is hereby deleted in its entirety and replaced by sections 9.02.200 through 9.02.240 of the Culver City Municipal Code. § 9.02.055 AMENDMENT; CHAPTER 34 OF THE CALIFORNIA FIRE CODE. Chapter 34 is hereby amended to read as follows: Section 3401.6 Class III-B Liquids Where in this chapter there is a requirement for Class III-A Liquids, this same requirement shall apply to Class 111-B liquids. § 9.02.060 AMENDMENTS; CHAPTER 48 OF THE CALIFORNIA FIRE CODE. Chapter 48 is hereby amended to read as follows: Section 4804.6.1 Illumination -10- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. § 9.02.65 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 accordance with Section 903.3.1.1 or 903.3.1.2. The minimum resulting fire- -11- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 flow shall not be less than 1,500 gallons per minute (5678 Umin) 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, Fire Prevention Guidelines and Procedures for Hydrant Placement, Spacing and Specifications. § 9.02.75 AMENDMENT; APPENDIX 0, OF THE CALIFORNIA FIRE CODE. Appendix D is hereby amended to read as follows: Section D101.1.2. Whenever the reference is made to Table D103.1, use Culver City Fire Department, Fire Prevention Guidelines and Procedures for Fire Apparatus Access. 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 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 -1 2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. -1 3- (3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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. § 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. -14- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The following information shall be included on the application: 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. Any other information deemed necessary by the City Council for the consideration of the application. C. Evidence of the following types of insurance in a form and with endorsements as approved by the City Attorney and in an amount 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. 1- -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 shall be conducted on July 4th, and the other shall be conducted in conjunction with Culver City High School's annual homecoming celebration. Both displays 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 pernriiftee 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. -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 § 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. 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. -1 7- ( I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. 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., 0., 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. SEWER SYSTEM. All pipes, drains, channels, and other means used to transport sewage to the Hyperion Water Treatment Plant for treatment (e.g. household or commercial drains, and the like). -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 to be caused more than four (4) false alarms within the prior three hundred sixty-five (365) days from a facility in a residential, commercial, or -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 manufacturing zone; or any other zone recognized by the Culver City Municipal Code. 2. An alarm company to cause or allow to be caused 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 to be caused 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. § 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 -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 subchapter 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 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 -21- cg—( APPROVED AS ' /0 FORM: ( 41,,,------ AROL A. SCHWAB City Attorney I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 2011. CHRISTOPHER ARMENTA, MAYOR City of Culver City, California ATTEST: MARTIN R. COLE City Clerk -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2011-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY MAKING EXPRESS FINDINGS THAT MODIFICATIONS TO THE 2010 CALIFORNIA FIRE CODE, AS ADOPTED BY ORDINANCE OF THE CITY OF CULVER CITY, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. WHEREAS, the City of Culver City proposes to adopt Title 24, Part 9 of the California Code of Regulations, known as the 2010 California Fire Code, incorporating the International Fire Code, 2009 Edition, published by the International Code Council, with errata, annual supplements and state amendments; and, WHEREAS, the City proposes to make certain changes in the requirements of the 2010 California Fire Code Chapters, Appendices, and Fire Protection Systems and Equipment (Sprinkler Ordinance), which will be more restrictive than State Law; and, WHEREAS, California Health and Safety Code Section 17958.5 requires the City to make express findings before adopting such changes, and Section 17958.7 requires that such findings be filed with the California Building Standards Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER CITY DOES HEREBY RESOLVE AS FOLLOWS: 1. The provisions relating to amendments of Chapter 1, General Code Provisions; Chapter 4, Emergency Planning and Preparedness; Chapter 5, Fire Service Features; Chapter 9, Fire Protection Systems and Equipment; Chapter 11, I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Aviation Facilities; Chapter 22, Motor Fuel-Dispensing Facilities and Repair Garages; Chapter 34, Flammable and Combustible Liquids; Chapter 48, Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations; Appendix Chapter 4, Special Detailed Requirements based on Use and Occupancy; Appendix B, Fire-Flow Requirements for Buildings; Appendix BB, Fire-Flow Requirements for Buildings (Schools); Appendix C, Fire Hydrant Locations and Distribution; Appendix CC, Fire Hydrant Locations and Distribution (Schools); Appendix D, Fire Apparatus Access Roads; Appendix E, Hazard Categories; Appendix F, Hazard Ranking; Appendix G, Cryogenic Fluids — Weight and Volume Equivalents; Appendix H, Hazardous Materials Management Plans and Hazardous Materials Inventory Statements; Appendix I, Fire Protection Systems — Noncompliant Conditions; Appendix J, Emergency Responder Radio Coverage are proposed to be adopted by the City Council as changes to the 2010 edition of the California Fire Code, and are reasonably necessary because of local climatic, geological or topographical conditions that create fire hazards and inhibit fire safety response access and response time, as set forth in this resolution. a. Culver City's climate is primarily influenced by the Pacific Ocean and is characterized by infrequent rainfall and winds which come from the west during the daytime and from the north and northeast during the nighttime, with intermittent Santa Ana winds occurring from September to March. These conditions create the potential for high velocity winds with high temperatures that are conducive to uncontrolled, rapidly spreading wind driven fires. Enforcement of the Fire Code including these amendments -2- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to the Fire Code are necessary to limit exposure from buildings not having built-in fire protection systems and immediate containment of a fire is the only method by which fire can be controlled during high wind conditions Accordingly, built-in fire suppression systems would provide the only adequate measure to mitigate the potential hazards and damage caused by such fires. b. Culver City is in the vicinity of several known active and potentially active earthquake faults including the San Andreas, Newport-lnglewood, Overland and Charnock faults. The City has and is likely to continue to experience seismic events including ground shaking and liquefaction of sufficient magnitude to cause substantial damage to structures. Significant damage is likely to be accompanied by a substantial number of fires that will exceed the fire department suppression capabilities. Seismic activity also has the potential to cause damage to streets, roadways and overpasses to the San Diego Freeway and La Ballona Creek that would hamper and delay emergency vehicle response. Accordingly, enforcement of the Culver City Fire Code Amendments is necessary to provide minimal levels of protection for un-protected structures and built-in fire suppression systems would provide the only adequate measure to mitigate the potential hazards and damage caused by such fires. c. The topography of the City is such that structures are situated in close proximity to each other, with only about 1% of the 5 square miles that the City occupies vacant. In addition, these lots are often very narrow or on -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hilly terrain, which limits access to side yards for fire suppression and placement of ladders for rescue operations. These conditions increase the threat to life and property and contribute to the ability of fires to spread quickly between buildings because of their proximity to each other. The City also has two large residential hillside areas that are within a State designated "Very High Fire Hazard Severity Zone." There is the potential for rapidly spreading fires in these hillside areas due to the topography of the terrain. Accordingly, built-in fire suppression systems would provide the only adequate measure to mitigate the potential hazards and damage caused by such fires. 2. Based on Climatic, Geological or Topographical reasons, amendments to the 2010 California Fire Code are as follows: AMENDMENT; Chapter 1 OF THE CALIFORNIA FIRE CODE Chapter 1 of the Fire Code is hereby amended to read as follows: Section 1.1.4.1 Appendices Adoption. Per requirements of Chapter 1 section 1.4.1, the Culver City Fire Department has adopted by reference and has amended chapters and appendices in this document. Adopted appendices by reference are 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, Appendix J, and as amended by the California State Fire Marshal and adopted by the California Building Standards Commission. -4- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 103.1.1 Department of Fire Prevention. Whenever the term "Department of Fire Prevention" is used in this Code it shall be deemed to mean the "Fire Prevention and Arson Investigation Division." Section 104.11.4 Arrest, Search, and Seizure. The apprehension and prosecution of anyone suspected of violating any fire law or arson statute. 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 flying, hovering, landing, or for lifting with any type of flying aircraft within Culver City. Section 105.6.34.1 Special Events and Assemblage. An operational permit is required for special events and assemblages. Section 105.6.48 Non-Defined Operations. Upon review, the Fire Department may require an operational permit for any hazards to people or property from the proposed operation, system, or event. Section 105.7.15 Roof Obstructions. A permit is required for the installation or modification of solar photovoltaic systems as defined in CCFD Regulation 5-10, roof gardens, landscaped areas or similar obstructions on any roof that covers more than 50% of the roof surface. Exception: Non-habitable structures including but not limited to shade structures, private carports, solar trellises, etc. Section 108.4 Appeals. Protests and appeals from the enforcement of this subchapter shall be made to the Municipal Code Appeals Committee in -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accordance with the Culver City Municipal Code Sections 9.04A25 and 9.04A45. AMENDMENT: CHAPTER 4 OF THE CALIFORNIA FIRE CODE Chapter 4 is hereby amended to read as follows: Section 401.1.1 Permits. A permit shall be required as set forth in the Culver City, City Council approved fee schedule for all special events and assemblages. Section 403.1.1.1 Special Event Application and Submittals. All special event 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, and a floor plan with sufficient detail and 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 needed for the special event or assemblage shall requirements of Chapter 24 and will require a separate fire permit. Section 408.11.2.1 Identification. Identification numbers shall be provided for all individual units in a 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. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT; CHAPTER 5 OF THE CALIFORNIA FIRE CODE Chapter 5 of the Fire Code 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, not otherwise required hereunder to maintain an automatic fire-extinguishing system, is unduly difficult, installation of an automatic fire-extinguishing system shall be required. Section 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 required access shall be provided by the owner and made readily available in the KNOX Box. Section 510.4 Emergency Responder Radio Coverage. 510.4. Section 510 and Appendix J shall be used when radio coverage within a building or structure are below Culver City Fire Department Standards as determined by fire department radio staff testing. AMENDMENT; CHAPTER 9 OF THE CALIFORNIA FIRE CODE Chapter 9 of the Fire Code is hereby amended to read as follows: Section 901.4.1.1 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. Section 901.4.1.2 An automatic fire-extinguishing (sprinkler) system shall be installed in every new building in the City, including any new -7- 7-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 increase, 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%. Section 901.4.5 Systems. Sprinkler systems, fire hydrant systems, standpipe systems, fire alarm systems, portable fire extinguishers, smoke and heat ventilators, smoke-removal systems and other fire-protective or extinguishing systems or appliances shall be maintained in an operative condition at all times and shall be replaced or repaired where defective. Fire- protection or extinguishing systems coverage, spacing and specifications and fire alarm systems shall be maintained in accordance with recognized standards at all times. Such systems shall be extended, altered or augmented as necessary to maintain and continue protection whenever any building so equipped is altered, remodeled or added to. Additions, repairs, alterations and servicing shall be in accordance with approved standards. A -8- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 report of system activation, cause and correction, shall be forwarded to the Fire Prevention Office after each incident. Section 907.1.2 (9) Voltage Drop Calculations. The maximum percent of voltage drop on any initiation, output or audible/visual circuit or load consuming circuit shall not exceed 10%. 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 AMENDMENT; CHAPTER 11 OF THE CALIFORNIA FIRE CODE Chapter 11 is hereby amended to read as follows: Section 1101.4 Permits. All flight operations within the City of Culver City are required to have an approved Culver City Fire Department permit, see section 105.6 and 105.7 for permit requirements. 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. Commercially operated radio controlled aircraft shall provide a flight plan and sufficient details to allow a review and for the operator to obtain an approved permit from the Culver City Fire Department. Section 1101.5 Operation and review standards. Compliance with CA • Fire Code Chapter 11 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 -9- f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Safety Officers and permits for any or all activities shall be determined by the Fire Department. Section 1107.1.1 Emergency Helistop. All high-rise buildings, 75 feet or higher, on which construction begins after the date of adoption of this Code, shall have an approved Emergency Helistop on the roof or top floor, unless a written exception request is approved by the Fire Code Official. AMENDMENT; CHAPTER 22 OF THE CALIFORNIA FIRE CODE Chapter 22 is hereby amended to read as follows: Section 2201.7 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. AMENDMENT; CHAPTER 33 OF THE CALIFORNIA FIRE CODE Chapter 33 is hereby amended to read as follows: Section 3301 thru 3308 EXPLOSIVES AND FIREWORKS is hereby deleted in its entirety and replaced by sections 9.02.200 through 9.02.240 of the Culver City Municipal Code. 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 combustion, explosion, deflagration, or detonation, and shall include blank -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. -11- 3 5 1 2 3 4 5 6 7 8 9 10 •11 13 14 15 16 • 17 18 19 20 21 22 23 24 25 26 27 28 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. 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. § 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: -12- • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -13- 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. Any other information deemed necessary by the City Council for the consideration of the application. C. Evidence of the following types of insurance in a form and with endorsements as approved by the City Attorney and in an amount 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 shall be conducted on July 4th, and the other shall be conducted in conjunction with Culver City High School's annual homecoming celebration. Both displays 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. -14- -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 •24 25 26 27 28 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. 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. AMENDMENT; CHAPTER 34 OF THE CALIFORNIA FIRE CODE Chapter 34 is hereby amended to read as follows: Section 3401.6 Class III-B Liquids. Where in this chapter there is a requirement for Class 111-A Liquids, this same requirement shall apply to Class 111-B liquids. AMENDMENT: CHAPTER 48 OF THE CALIFORNIA FIRE CODE Chapter 48 is hereby amended to read as follows: I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. 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 is provided throughout with an approved automatic fire sprinkler system installed in 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 Unnin) for the prescribed duration as specified in Table B105.1. -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, Fire Prevention Guidelines and Procedures for Hydrant Placement, Spacing and specifications. AMENDMENT; APPENDIX D, OF THE CALIFORNIA FIRE CODE Appendix D is hereby amended to read as follows: Section D101.1.2. Whenever the reference is made to table D103.1 use Culver City Fire Department, Fire Prevention Guidelines and Procedures for Fire Apparatus access. 3. That the Clerk of the City of Culver City shall file a copy of the change or modifications together with a copy of this Resolution with the California Building Standards Commission, and shall obtain an endorsed copy from said Department to be filed with the City of Culver City. APPROVED and ADOPTED this day of 2011. CHRISTOPHER ARMENTA, MAYOR City of Culver City, California ATTEST: MARTIN R. COLE, City Clerk P°R0 1 AST FORM: v0 AROL A. SCHWAB, City Attorney AP RO GEE 3 Page 1 of 14 CHAPTER 9.02: FIRE PREVENTION Section California Fire Code 9.02.005 reference 9.02.010 9.02.015 9.02.020 9.02.025 9.02.030 9.02.035 9.02.040 9.02.045 9.02.050 9.02.055 9.02.060 9.02.065 9.02.070 9.02.075 9.02.080 International Fire Code with California Fire Code adopted by Violations and penalties Amendments, additions, deletions, and substitutions Amendment; Chapter 1 of the California Fire Code Amendment; Chapter 2 of the California Fire Code Amendment; Chapter 4 of the California Fire Code Amendment; Chapter 9 of the California Fire Code Amendment; Chapter 11 of the California Fire Code Amendment; Chapter 22 of the California Fire Code Amendment; Chapter 34 of the California Fire Code Amendment; Chapter 46 of the California Fire Code Amendment; Appendix Chapter 1 of the California Fire Code Amendment; Appendix B of the California Fire Code Amendment; Appendix C of the California Fire Code Amendment; Appendix D of the California Fire Code Deletions Fireworks 9.02.200 9.02.205 restrictions Definitions Sale, use or transportation of fireworks; prohibitions and 9.02.210 Permits to conduct displays of fireworks granted by City Council 1-fro hftre HAxrurur a m 1P Ga .! rim /a 1 n print chlp:1--r.nn ten t a cm( rom nil 1 Page 2 of 14 9.02.215 Application for permit; conditions for filing 9.02.220 Conditions governing permit 9.02225 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 § 9.02.005 INTERNATIONAL FIRE CODE WITH CALIFORNIA FIRE CODE ADOPTED BY REFERENCE. The City Council hereby adopts certain amendments, additions, deletions and exceptions to the 2006 International Fire Code, with errata, incorporating Part 9 of Title 24 of the California Code of Regulations known as the 2007 California Fire Code, with errata, including the 2007 Fire Code Appendix Chapter 1 as amended, Chapter 2 as amended, Appendix Chapter 4, Appendix B as amended, Appendix C as amended, Appendix D as amended, Appendix E, Appendix F, Appendix-G, and Appendix H, as amended by the California Building Standards Commission, and subject to the provisions of § 15.02.200, Chapter 9.02, the Zoning Code, 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 this 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. (Ord. No. 2008-001 § 2 (part)) hitn•//ixruirur arnleanl onmIalnQprintc/typt-orinfprit cm/ (1')/9 1 n 11.1 1 Page 3 of 14 § 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 upon conviction thereof, shall be punished in accordance with §§ 1.01.035 and 1.01.040 of this Code. B. In addition to the penalties herein above provided, 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. (Ord. No. 2008-001 § 2 (part)) § 9.02.015 AMENDMENTS, ADDITIONS, DELETIONS, AND SUBSTITUTIONS. The Fire Code is amended as provided in this Subchapter. § 9.02.020 AMENDMENT; CHAPTER 1 OF THE CALIFORNIA FIRE CODE. Chapter 1 of the Fire Code is hereby amended to read as follows: Per the requirements of Appendix Chapter 1, Section 104.1, the Fire Department has adopted by reference and has amended appendices in this document. Adopted appendices by reference are Appendix Chapter 1 as amended, Appendix Chapter 4, Appendix B as amended, Appendix C as amended, Appendix D as amended, Appendix E, Appendix F, Appendix G and Appendix H, as amended by the California Building Standards Commission and subject to the provisions of § 15.02.200 as referenced above in § 9.02.005. (Ord. No. 2008-001 § 2 (part)) § 9.02.025 AMENDMENT; CHAPTER 2 OF THE CALIFORNIA FIRE CODE. Chapter 2 is hereby amended to read as follows: Section 202 D, Department of Fire Prevention. Whenever the term "Department of Fire Prevention" is used in this Code, it shall be deemed to mean the "Fire Prevention and Arson Investigation Division". (Ord. No. 2008-001 § 2 (part)) § 9.02.030 AMENDMENT; CHAPTER 4 OF THE CALIFORNIA FIRE CODE. Chapter 4 is hereby amended to read as follows: 1/0-- iinn, rtx I airt 1 ,me-rn1 rocrri /a 1 rhor-ri refc h-n=4._revnt4.rrif Cl urn., 1r7n1 /91-11 1 Page 4 of 14 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. (Ord. No. 2008-001 § 2 (part)) § 9.02.035 AMENDMENT; CHAPTER 9 OF THE CALIFORNIA FIRE CODE. Chapter 9 is hereby amended to read as follows: Section 901.4.1.1 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. Section 901.4.1.2. 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. Section 901.4.1.2 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 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 the enclosed floor area is increased by more than 75%. Section. 901.4.5 Systems. Sprinkler systems, fire hydrant systems, standpipe systems, fire alarm systems, portable fire extinguishers, smoke and heat ventilators, smoke-removal systems and other fire- protective or extinguishing systems or appliances shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Fire-protection or extinguishing systems coverage, spacing and specifications, and fire alarm systems shall be maintained in accordance with recognized and approved standards at all times. Such systems shall be extended, altered or augmented as necessary to maintain and continue protection, whenever any building so equipped is altered, remodeled or added to. Additions, repairs, alterations and servicing shall be in accordance with recognized and approved standards. A report of system activation, cause and correction shall be forwarded to the Fire Prevention Office after each incident. Section 901.6.1.1. Installation, approval and maintenance of automatic fire-extinguishing (sprinkler) systems shall be in compliance with the most current National Fire Protection Association Standards #13, #13R, #13D, and Uniform Building Code as adopted and amended by the City. httn- //urtxruf qm1co1 rimm /a incor; nteloy.t-r rtritrwit a env (Y) /')l r) 11 1 1 Page 5 of 14 Section 901.6.1.2. Automatic fire-extinguishing systems shall be installed and maintained at the owner's expense. Section 901.6.1.3. If the Fire Code Official or his or her designee determines that access for fire apparatus and equipment to any building or structure, not otherwise required hereunder to maintain an automatic fire-extinguishing system, is unduly difficult, installation of an automatic fire-extinguishing system shall be required. Section. 907.1.5 System Voltage Drop. Maximum percent of voltage drop on any initiation, output or audible/visual circuit shall not exceed 10%. 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 with visual and audible evacuation devices, and evacuation directions from theatre staff. (Ord. No. 2008-001 §2 (part)) § 9.02.040 AMENDMENT; CHAPTER 11 OF THE CALIFORNIA FIRE CODE. Chapter 11 is hereby amended to read as follows: Section 1107.1.1. All high-rise buildings, 75 feet or higher, on which construction begins after the date of adoption of this Code shall have an approved emergency helistop on the roof or top floor, unless a written exception request is approved by the Fire Code Official. (Ord. No. 2008-001 § 2 (part)) § 9.02.045 AMENDMENT; CHAPTER 22 OF THE CALIFORNIA FIRE CODE. Chapter 22 is hereby amended to read as follows: Section 2201.7 Class 111-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. (Ord. No. 2008-001 § 2 (part)) § 9.02.050 AMENDMENT; CHAPTER 34 OF THE CALIFORNIA FIRE CODE. Chapter 34 is hereby amended to read as follows: Section 3401.6 Class 111-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. (Ord. No. 2008-001 § 2 (part)) tp-t littn-//un,vw a-mlpoal r.orn lainso.rintdapt-rryntpnt a cm( 07/71 /901 1 Page 6 of 14 § 9.02.055 AMENDMENT; CHAPTER 46 OF THE CALIFORNIA FIRE CODE. Chapter 46 is hereby amended to read as follows: Section 4604.2.1 Aisles Marking. Television and motion picture sound stage perimeter aisles shall be identified by a four-inch-wide, contrasting painted line, located four feet from the building's interior wall, and as approved by the Fire Code Official. Section 4604,6.1 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 one (1) foot-candle. Power for the emergency light fixtures shall be supplied as required by 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. 4604.10 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 4604.11 Fire Department Filming and Performance Regulations. All motion picture and television production studio sound stages, approved production facilities and production locations shall comply with Fire Department filming and performance regulations. Fire Department filming regulations are available for review at the Fire Prevention Counter. (Ord. No. 2008-001 § 2 (part)) § 9.02.060 AMENDMENT; APPENDIX CHAPTER 1 OF THE CALIFORNIA FIRE CODE. Appendix Chapter 1 is hereby amended to read as follows: Section 103.1.1 Department of Fire Prevention. Whenever the term "Department of Fire Prevention" is used in this Code, it shall mean the "Fire Prevention and Arson Investigation Division." Section 104.11.4 Arrest, Search and Seizure. The apprehension and prosecution of anyone suspected of violating any fire law or arson statute. Section 105.1.1.1 Permit Fees. Permit fees shall be adopted by resolution of the City Council. Section 108.4 Appeals. Protests and appeals from the enforcement of this Subchapter shall be made to the Municipal Code Appeals Committee in accordance with § 15.02.020. (Ord. 2008-001 § 2 (part)) § 9.02.065 AMENDMENT; APPENDIX B OF THE CALIFORNIA FIRE CODE. Appendix B, Exception, is hereby amended to read as follows: //xxixxrur am 1 p aa 1 r. /aIncorintehrg.t-onntprit nem,- A? I? 1 P")(11 1 Page 7 of 14 Section 11105.2, Exception: The reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is provided throughout with an approved automatic fire sprinkler system installed in 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 (5,678 Ilmin) for the prescribed duration as specified in Table B105.1. (Ord. 2008-001 § 2 (part)) § 9.02.070 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, Fire Prevention Guidelines and Procedures for Hydrant Placement, Spacing and Specifications. (Ord. 2008-001 § 2 (part)) § 9.02.075 AMENDMENT; APPENDIX D OF THE CALIFORNIA FIRE CODE. Appendix D is hereby amended to read as follows: Section D101.1.2. Whenever the reference is made to Table D103.1, use Culver City Fire Department, Fire Prevention Guidelines and Procedures for Fire Apparatus Access. (Ord. 2008-001 § 2 (part)) § 9.02.080 DELETIONS. Section -3301, FIREWORKS, is hereby deleted in its entirety. (Ord. 2008-001 § 2 (part)) 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 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, dayglo bombs, z-tJ littn.//www arnlpaal nilatnr.rintc/crp.t-o.nntp.nt acme- (1,//1 /1111 1 Page 8 of 14 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 (0.25) 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 defined above. (Ord. 2008-001 § 2 (part)) § 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 Chief, which approval shall be revocable for cause, and shall be granted only upon application therefor, 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. (Ord. 2008-001 § 2 (part)) 1-1--ri • //vourw nrrtlpoal ortrn/alnce.rintc/apt-ormi-nrit acme- 1)2/21/71)11 Page 9 of 14 § 9.02.210 PERMITS TO CONDUCT DISPLAYS OF FIREWORKS GRANTED BY CITY COUNCIL. 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 displays of fireworks in a calendar year, each display to occur on a separate date. (Ord. 2008-001 § 2 (part)) § 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 Fire Department; 2. The location for storage of the fireworks to be displayed as approved by the 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. Any other information deemed necessary by the City Council for the consideration of the application. C. Evidence of the following types of insurance in a form and with endorsements as approved by the City Attorney, and in an amount 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 1,1F1-.^.• ibutrus.rm .arra .0. rya I nevrrt /a trion-r; rtio inn.f_r•cvni-rbf ry)ni 7o011 Page 10 of 14 E. Evidence of compliance with any special conditions required by the Fire Department because of the location of the public display of fireworks. (Ord. 2008-001 § 2 (part)) § 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 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 shall be conducted on July 4th, and the other shall be conducted in conjunction with Culver City High School's annual homecoming celebration. Both displays 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. (Ord. 2008-001 § 2 (part)) § 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. (Ord. 2008-001 § 2 (part)) § 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 M a way safe for the particular type of fireworks. (Ord. 2008-001 § 2 (part)) httn-Lturtvw m 1 etyal orim fal-ncorintchret-onntenf inv (no 1 /701 1 Page 11 of 14 § 9.02.235 CHANGE TO TIME LIMITS. The City Council, by resolution, may extend or shorten the time requirements established by this Subchapter. (Ord. 2008-001 § 2 (part)) § 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. (Ord. 2008-001 § 2 (part)) 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 FAILURE TO NOTIFY. 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 FAILURE TO NOTIFY. 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 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 1-1-H-1-n • //1-xrulnxi aryll,rra 1 r/Arra•atner.rirvi-c hrat-_"(1-rviArri- CT1X, ty.)t) rm-yi 1 Page 12 of 14 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 Subchapter, 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 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 Fire Department to any person, firm or corporation to correct a Fire Code violation. SEWER SYSTEM. All pipes, drains, channels, and other means used to transport sewage to the Hyperion Water Treatment Plant 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. (Ord. 2008-001 § 2 (part)) § 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 Chief or his or her 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. 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 expenditures. (Ord. 2008-001 § 2 (part)) § 9.02.310 FALSE ALARMS; VIOLATIONS. httn-thxrunxr amlprral rnmIalncrr1ntchyp4-r.rintpnt agny n7/910(11 1 //xinirtir nrril a a(.fm !ilrlor...-a-4-ntch-rr.t_nryntont ncrvir .1"0,t)1 flfll 1 Page 13 of 14 A. Violation It shall be a violation of this Section for: 1. Any person, firm, entity or corporation to cause or allow to be caused more than four false alarms within the prior 365 days from a facility in a residential, commercial or manufacturing zone; or any other zone recognized by the CCMC. 2. An alarm company to cause or allow to be caused more than one failure to notify the Culver City Police/Fire Dispatcher of testing, inspecting or maintaining a fire suppression and/or alarm system of a specified facility within the prior 365 days. [NFPA Standards 25:7-1.3 and 25:1-4.3]. 3. An alarm company to cause or allow to be caused more than one failure to notify the Culver City Police/Fire Dispatcher within one hour after completion of testing, inspecting, or maintaining a fire suppression and/or alarm system of a specified facility, within the prior 365 days. [NFPA Standards 25:7-L3 and 25:1-4.31. 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. (Ord. 2008-001 § 2 (part)) § 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 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. (Ord. 2008-001 § 2 (part)) § 9.02320 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 12-month period, as an infraction; B. For the second and each subsequent violation in a 12-month period, as an infraction or misdemeanor as determined by the City Attorney. (Ord. 2008-001 § 2 (part)) 1.1-1-1-ro 1 Asrtyrtir Qflfl 1 mm ry ac ,-rvv- (111'71 /91)1 1 Page 14 of 14 § 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 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 or an administrative assessment shall follow the process set forth on the order to comply form and appropriate City procedures. (Ord. 2008-001 § 2 (part)) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588, 10 2011 American Legal Publishing Corporation techsupporteamleual.com 1.800.445.5588. NOTICE OF PUBLIC HEAR- ING ON THE ADOPTION BY REFERENCE OF THE 2010 CALIFORNIA FIRE CODE WITH LOCAL AMEND- MENTS NOTICE IS HEREBY GIV- EN that on Monday, February •28, 2011, at 7:00 p.m., the City Council of Culver City will con- duct a public hearing to consider the adoption by reference of the 2010 California Fire Code, with local amendments. Further infor- mation may be obtained by call- ing the Culver City Fire Marshal, Mike Bowden at (310) 253-5926. The public hearing will be held in the Mike Balkman Council Chambers, City Hall, located at 9770 Culver Boulevard, and is accessible to the disabled. Per- sons with disabilities may call the Culver City Coordinator of Disability Services at (310) 253- 6729, or TDD at (310) 253-6736, to request specific accommoda- tions. BY ORDER OF THE CITY CLERK CITY OF CULVER CITY, CALIFORNIA Published in the Culver City News on February 17,2011. PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the Culver City News a newspaper of general circulation, printed and published weekly in the City of Culver City, County of Los Angeles, and which newspaper has been adjudged a newspaper of general cir- culation by the Superior Court of the County of Los Angeles, State of California, under the date of April 24, 1980 , Case Number 315458 ; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Publish February 17 all in the year 2011. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Los Angeles, California, 17 day of February, 2011. Signature Culver City News 4351 Sepulveda Blvd. Culver City, CA 90230 (310) 437-4401 ext. 230 Fax (310) 391-9068 gt.F