City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt an ordinance by title only, 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
waive further reading.
BACKGROUND/DISCUSSION:
At the City Council meeting of February 28, 2011, a public hearing was held, and
after consideration of public and staff input, the City Council introduced the
Ordinance by a unanimous vote (5-0).
The ordinance is brought back tonight for adoption.
FISCAL ANALYSIS:
Adoption of this Ordinance does not create a fiscal impact.
ATTACHMENTS:
1. Proposed Ordinance
Meeting Date: 03/07/11 Item Number: C-3__
CITY COUNCIL AGENDA ITEM: Adoption of an Ordinance Repealing and
Replacing Chapter 9.02 of Title 9 of the Culver City Municipal Code and Adopting
by Reference the 2010 California Fire Code with Local Amendments
Contact Person/Dept.: Michael Bowden,
Fire Marshal
Phone Number: (310) 253-5926
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Meetings and Agendas – City Council (03/03/11)
Department Approval:
Chris Sellers (by M. Bowden 03/01/11)
City Attorney Approval:
Carol Schwab (by L. Vidra 03/01/11)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (03/02/11)
City Manager Approval:
John M. Nachbar (03/03/11) City of Culver City, California
Agenda Item Report
MOTION:
That the City Council:
Adopt an Ordinance by title only, 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 waive
further reading.
1. Ordinance
Pages
1-22
MEETING DATE: March 7,2011
AGENDA ITEM: Adoption of an Ordinance Repealing and Replacing Chapter
9.02 of Title 9 of the Culver City Municipal Code and Adopting by Reference the
2010 California Fire Code with Local Amendments
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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.
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SECTION 2: Chapter 9.02 of Title 9 of the Culver City Municipal Code,
entitled "Fire Prevention," having been repealed in Section 1 above, is hereby
replaced as follows:
California Fire Code Adoption and Amendments
9.02.005 The 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
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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 I,
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
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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.
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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
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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
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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
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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.
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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.
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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 III-B Liquids
Where in this chapter there is a requirement for Class Ill-A Liquids, this
same requirement shall apply to Class 111-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 111-B Liquids
Where in this chapter there is a requirement for Class 111-A Liquids, this
same requirement shall apply to Class Ill-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
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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-
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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 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.
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
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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.
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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.
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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
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.
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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 permiftee 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.
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§ 9.02130 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.
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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 §
9.04.4251.
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).
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STORM DRAIN SYSTEM. All pipes, drains, channels, and other
means used to transport surface waters to the ocean without treatment (e.g.,
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UNAUTHORIZED DISCHARGE. A release or emission of materials in
a manner which does not conform to the provisions of this code [CCMC §
9.02.0051 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
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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
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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
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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: APPROVED AS TO FORM:
MARTIN R. COLE CAROL A. SCHWAB
City Clerk City Attorney
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