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CC - Public Hearing: Introduction of an Ordinance Repealing and Replacing Sections 9.02.005-9.02.075 (“Fire Code Adoption and Amendments”), and 9.02.200-9.02.240 (“Fireworks”) of Chapter 9.02 of Title 9 of the Culver City Municipal Code and Adopting By Reference the 2016 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.
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Meeting Date: December 12, 2016
Contact Person/Dept: Michael Nagy/Fire Department
Phone Number: (310) 253-5926
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [X] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X]
Public Notification: Publication in the Culver City News (11/24/16 and 12/01/16); (E-Mail) Meetings and Agendas - City Council (12/07/16)
Department Approval: Chief David White, Fire Department (11/28/16)
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RECOMMENDATION
Staff recommends the City Council conduct a Public Hearing and introduce an ordinance repealing and replacing Chapter 9.02, Sections 9.02.005-9.02.075 (“Fire Code Adoption and Amendments”), and 9.02.200-9.02.240 (“Fireworks”) of Chapter 9.02 of Title 9 of the Culver City Municipal Code (CCMC) and adopt by reference the 2016 California Fire Code (CFC) with local amendments; and (2) adopt a proposed 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 the public hearing;
2. Mayor calls for a staff report;
3. The City Council poses questions to staff as desired;
4. Mayor seeks a motion to open the public hearing and invites public comments;
5. Mayor seeks a motion to close the public hearing;
6. The City Council discusses the matter and takes desired actions.
BACKGROUND/DISCUSSION
In 2016, the California Building Standards Commission published the Triennial Edition of the California Code of Regulations, Title 24, consisting of 2016 California Fire Code (CFC) and several other regulations. Title 24 is commonly referred to as the California Building Standards Code (CBSC). The Office of the State Fire Marshal and other state agencies update and codify the California Building Standards Code regularly to adopt by reference the most current model codes, including the International Fire Code (IFC).
The State Fire Marshal amended the 2015 IFC and adopted it as the 2016 CFC. The IFC is a model code developed by the International Code Council with the intent to create one comprehensive set of fire safety regulations consistent with and inclusive of the scope of existing model codes. The International Code Council published the original IFC in 2000, and has promulgated new editions every three years since.
January 1, 2017 is the statewide effective date for the 2016 Building Standards Code. 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.
The Fire Department is requesting the current Culver City Fire Code, contained in CCMC Chapter 9.02, Sections 9.02.005-9.02.075 (“Fire Code Adoption and Amendments”), and 9.02.200-9.02.240 (“Fireworks”) be repealed and replaced with the proposed Ordinance adopting the 2016 CFC with local amendments. The only substantive change relates to Chapter 9.02, Sections 200-240, “Fireworks.” These sections have been removed entirely due to modifications to Chapter 56 of the CFC, which covers fireworks extensively. There are minor changes based on text for reorganization, text adjustments, and amendments to Chapters 1 through 80, and various appendix sections being proposed. Several of the proposed changes to Chapter 9.02 of the CCMC involve section number changes due to numbering revisions in the 2016 CFC.
California Health and Safety Code Sections 17921 and 17922, as well as the City’s Charter Section 618, permit adoption of the CFC by reference. California Health and Safety Code Section 13143.5 allows the City, by ordinance, to make changes or modifications that are more restrictive than the requirements set by the State.
Pursuant to California 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 proposed Ordinance. This adoption cycle, there are only minor new local requirements; the majority of this process will simply reaffirm existing local amendments. Should the City Council adopt the proposed Resolution and Ordinance, a copy of these findings will be filed with the State of California, Building Standards Commission.
Pursuant to California Government Code Section 50022.3, the City must hold a public hearing, and notice of the hearing date, time and location must be published in a local newspaper. The public notice was published in the Culver City News on November 24, 2016 and December 1, 2016. Per California Government Code Section 50022.6, and Section 618 of the City Charter a copy of the 2016 CFC was filed with the Office of the City Clerk and will be kept there for public inspection. A copy will also be kept in the Office of the Culver City Fire Marshal in the Fire Prevention Division.
FISCAL ANALYSIS
There is no direct fiscal impact related to the proposed actions.
ATTACHMENTS
1. Proposed Ordinance
2. Proposed Resolution
3. Culver City Municipal Code Chapter 9.02 (Current Version)
4. Public Notice
MOTION
That the City Council:
1. Introduce an Ordinance Repealing and Replacing Chapter 9.02, Sections 9.02.005-9.02.075 (“Fire Code Adoption and Amendments”), and 9.02.200-9.02.240 (“Fireworks”) of Chapter 9.02 of Title 9 of the Culver City Municipal Code and Adopting by Reference the 2016 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.