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CC - PUBLIC HEARING: (1) Introduction of an Ordinance Amending Sections 9.02.005-9.02.070 “Fire Code Adoption and Amendments” of Chapter 9.02 of Title 9 of the Culver City Municipal Code and Adopting By Reference the 2022 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: September 19, 2022
Contact Person/Dept.: David Rindels/Fire Dept.
Phone Number: (310) 253-5926
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Attachments: Yes [X] No []
Commission Action Required: Yes [] No [X]
Public Notification: Publication in the Culver City News (09/01/2022 and 09/08/2022); (E-Mail) Meetings and Agendas - City Council (09/14/2022)
Department Approval: Kenneth Powell (09/01/2022)
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RECOMMENDATION
Staff recommends the City Council (1) conduct a public hearing and introduce a proposed ordinance amending Chapter 9.02, Sections 005-070 of Title 9 of the Culver City Municipal Code (CCMC); 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 seeks a motion from the City Council to receive and file the affidavits of publication and posting of notices, and correspondence received in response to the public hearing notices; and,
2. Mayor calls for a staff report, and the City Council Members may pose questions to staff as desired; and,
3. Mayor seeks a motion to open the public hearing; and,
4. Mayor seeks motion to close the public hearing after all public testimony has been presented; and,
5. The City Council discusses the item and arrives at its decision.
BACKGROUND/DISCUSSION
Every three years, in California, the State Fire Marshal amends the International Fire Code (IFC) and adopts it as the California Fire Code (CFC). Accordingly, the State Fire Marshal amended the 2021 IFC and adopted it as the 2022 CFC, which will become state law on January 1, 2023. Local jurisdictions may amend and adopt the CFC to fit local requirements. If no action is taken to amend and adopt the CFC, the local jurisdiction is required to operate solely under the State version of the regulations.
The Fire Department is requesting the current Culver City Fire Code, contained in Culver City Municipal Code (CCMC) Chapter 9.02, Sections 005-070, be amended to adopt the 2022 California Fire Code with local amendments (See Proposed Ordinance, Attachment 1). There are only minor changes to the Fire Code being made this cycle that differ from the 2019 changes. Specifically, the previous amendments to Chapters 23 and Chapter 57, which treated Class III-B liquids the same as the more hazardous Class III-A liquids (found currently in CCMC Sections 9.02.050 and 9.02.060 respectively), have been deleted, to bring Culver City in line with other jurisdictions. Also, an addition has been made to Section 9.02.040 pertaining to amendments to Chapter 9 of the Fire Code, which addresses automatic sprinkler systems. Other changes are non-substantive, and are primarily corrections to formatting and numbering.
California Health and Safety Code Sections 17921 and 17922, as well as the City’s Charter Section 618, permit adoption of the Code 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 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 (Attachment 2) along with the introduction of the new ordinance. This adoption cycle, with only minor new local requirements, 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 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 September 1, 2022 and September 8, 2022. Per Government Code section 50022.6, a copy of the 2022 California Fire Code 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 offices of the Culver City Fire Marshal, in Community Risk Reduction.
FISCAL ANALYSIS
There is no direct fiscal impact related to the proposed actions.
ATTACHMENTS
1. 2022-09-19_ATT_Proposed Ordinance
2. 2022-09-19_ATT_Proposed Resolution of Local Findings
3. 2022-09-19_ATT_Culver City Municipal Code Chapter 9.02 (Current Version)
4. 2022-09-19_ATT_Public Notice
MOTIONS
That the City Council:
1. Introduce an Ordinance Amending Chapter 9.02 of Title 9 of the Culver City Municipal Code and Adopting by Reference the 2022 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.