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Home My WebLink About01B. 2010 CA Fire Code Ordinance ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING CHAPTER 3, 4, 5, AND 6 OF ARTICLE III OF THE DOWNEY MUNICIPAL CODE, THROUGH ADOPTING BY REFERENCE THE 2010 CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9), BASED ON THE INTERNATIONAL FIRE CODE, 2009 EDITION, WITH ERRATA, AND THOSE PORTIONS OF THE INTERNATIONAL FIRE CODE, 2009 EDITION, INCLUDING APPENDICES A THROUGH J INCLUSIVE, TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO, FOR THE PURPOSE OF PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO THE LIFE AND PROPERTY FROM FIRE OR EXPLOSION; AND ADOPTING CHAPTER 6.95 OF CALIFORNIA HEALTH AND SAFETY CODE FOR THE PURPOSE OF PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM THE HANDLING, USE, STORAGE OR RELEASE OF HAZARDOUS MATERIALS OR HAZARDOUS WASTE. WHEREAS et seq , pursuant to California Government Code Section 50022.1 . the City of Downey (“City”) may adopt by reference the 2010 California Fire Code, based on the International Fire Code, 2009 Edition, with errata, published by International Code Council (ICC), as adopted by the State of California pursuant to Title 24, Part 9 of the California Code of Regulations; and WHEREAS , California Health & Safety Code Section 17958.5, 17958.7 and 18941.5 authorize cities to adopt the codes contained in Title 24 of the California Code of Regulations with changes and modifications determined to be reasonably necessary because of local climatic, topographic or geologic conditions; and WHEREAS , the City desires to adopt the 2010 California Fire Code, based on the International Fire Code, 2009 Edition, with errata, published by International Code Council (ICC), as adopted by Title 24, Part 9 of the California Code of Regulations (“Fire Code”) with necessary amendments to assure the Fire Code is tailored to the particular fire protection needs of the City as required by local climatic, topographic and geologic conditions and assure that a maximum level of fire protection is provided to residents, businesses and other occupants; and WHEREAS, the City also desires to adopt the International Fire Code, 2009 Edition, with errata, published by the International Code Council, with necessary amendments to assure that the maximum level of fire protection is provided to residents, businesses and other occupants; and WHEREAS, the City also desires to adopt certain changes and modifications to the 2010 Fire Code, which are necessary for administrative clarification and to establish administrative standards for the effective enforcement of the building standards of the City of Downey, or are reasonably necessary to safeguard life and property within the City of Downey and do not modify a building standard pursuant to California Health & Safety Code Section 17958.5, 17958.7 and/or 18941.5; and WHEREAS , the City held a public hearing on November 22, 2011 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Fire Code as amended herein; and WHEREAS , the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 3 and November 10, 2011; and ORDINANCE NO: 11- Formatted: Font: Bold PAGE TWO Formatted: Indent: First line: 0 pt WHEREAS , California law provides that the failure of the City to adopt and have the California Fire Code and their amendments become effective prior to December 22, 2011 implies that the California Fire Code, as adopted by the state, is applicable to the City without any local amendments, despite the fact that the local amendments provide building safety and fire protection measures that are needed for the preservation of the health and safety of residents and businesses in the City of Downey, and include, but are not limited to measures to assure protection of buildings from local wind conditions, fire emergencies and earthquake hazards; and WHEREAS , any and all other legal prerequisites relating to the adoption of this Ordinance have occurred; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council hereby finds that the proposed amendments to the 2010 California Fire Code are reasonably necessary because of local climatic, geologic or topographic conditions, and adopts the findings provided below to support the modifications to the 2010 California Fire Code. The City Council further finds that some changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City. The City Council hereby adopts the following (climatic, geological, and topographical, where applicable) findings to support the proposed amendments to the 2010 California Fire Code made herein in this Ordinance: I. Climatic Conditions A. The jurisdiction of the City of Downey (or, “City”) is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. For example, during July, August and September, temperatures often exceed 100 degrees Fahrenheit. During the same months humidity is usually less than 40%, and humidity measurements less than 10% are not uncommon. These conditions contribute to an increased likelihood of fire. Moreover, minor fires have a greater tendency of spreading rapidly due to such conditions. The City, being in the Southern California area, is also subject to “Sundowner” or “Santa Ana” winds that, should a fire occur, cause the fire to spread rapidly over wood shake roofs which are common in the residential areas. These hot, dry (Santa Ana) winds may reach speeds of 70 M.P.H. or greater. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the City. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Additionally, there is a significant increase in the amount of wind force at 60 feet above the ground. Use of aerial type fire fighting apparatus above this height would place rescue personnel at increased risk of injury. ORDINANCE NO: 11- PAGE THREE Formatted: Indent: Left: 0 pt B. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall, future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire. C. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent. II. Topographical conditions A. Development has occurred in the City and continues to occur in the City and such development has resulted in severe traffic congestion during peak business hours, weekends and holidays, thus decreasing the response time of fire and emergency service vehicles, particularly on the following streets and highways: Florence Avenue, Firestone Boulevard, Imperial Highway, Paramount Boulevard, Lakewood Boulevard, Brookshire Avenue, Bellflower Boulevard. B. These topographical conditions combine to create a situation which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property. Due to these topographical conditions and the expected infrastructure damage inherent in seismic zones described below, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) requirements for a given structure. Numerous fires have occurred within the City in residential structures (houses, apartments, hotels, motels, and dormitories) over the past several years that have automatic fire protection systems, and in all of these fires, the automatic fire protection systems have successfully controlled and/or suppressed the fire before the emergency response personnel have been able to arrive at the structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the fire department. III. Geological Conditions A. The City of Downey is located in Southern California, in an extremely active seismic region, with high levels of historic earthquake shaking in the recent past (earthquakes measuring larger than a magnitude 5 on the Richter Scale) and can be expected to experience significant strong ground shaking within the ORDINANCE NO: 11- PAGE FOUR foreseeable future. The City is a densely populated area that has buildings Formatted: Indent: Left: 72 pt constructed over and near a vast and complex network of faults that increase the likelihood of catastrophic damage when a seismic event occurs and which are believed to be capable of producing future earthquakes similar or greater in size to the 1994 Northridge and the 1971 Sylmar earthquakes in Southern California. The seismotectonic setting of the City is dominated by the Norwalk fault, which traverses the northern portion of the City. The City is also in close proximity to the San Andreas fault, which is located 40 miles to the northeast, the Whittier fault, located 10 miles to the northeast and the Newport-Inglewood fault, located 10 miles to the southwest. In the event of a severe earthquake, these faults present the potential for catastrophic damage, including fire, damage to roadways and other impairments of emergency apparatus. Existing and planned developments are at risk from structural damage from earthquake faults. Improved standards are necessary to ensure that maximum safety is provided to persons and property. B. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. The findings above are applicable to amendments to the 2010 California Fire Code as follows: CFC Findings Section Subject I, II, III Amended 4601.2 Motion picture and television production N/A 105.1, 105.1.1 105.2, Administrative – Permits and permit fees N/A 105.4.1, 105.6.30, 105.8 of 103.1 Administrative – Enforcement authority N/A 108 Administrative – Appeals N/A 202 Definitions N/A 907.1, 907.2, Fire alarms required II, III 907.2.10 903.3, 903.2.1, Automatic fire extinguishing systems I, IIB, IIIB 903.2.7 907.15 Monitoring of fire alarm systems IIIA, B 503.4 Alley maintenance N/A Add 316 Housekeeping and fire nuisances N/A ORDINANCE NO: 11- PAGE FIVE Add 317 Vehicles creating hazards N/A Add 1511 Flammable or combustible coatings IA D101.1, D103.4, D103.6, add Identification of fire lanes N/A D103.7 and D103.8 to Appendix D Add 1418 Fire safety during construction of wood frame buildings I Add 511 Requirement for in-building communication system II, IIIB **Note: The “N/A” refers to amendments to provisions that are of an administrative or procedural nature, or concern themselves with subjects not covered by the Fire Code, or are reasonably necessary to safeguard life and property within the City of Downey and do not modify a building standard pursuant to California Health & Safety Code Section 17958, 17958.7, and/or 18941.5. SECTION 2. Attachment “A”, “B”, and “C” attached hereto are adopted by reference herein in Section 3324 of Section 3 of this Ordinance, providing for fire apparatus turnaround specifications for fire access roads greater than 150 feet in length. SECTION 3. Chapter 3 of Article III of the Downey Municipal Code is hereby amended and restated in its entirety to read as follows: Chapter 3 – FIRE CODE “ SECTION 3300 CODE ADOPTION SECTION 3301 ADOPTED APPENDICES SECTION 3302 ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION SECTION 3303 MOTION PICTURE AND TELEVISION PRODUCTION, GENERAL AUTHORITY SECTION 3304 SUBSTITUTION OF TEMPORARY FIRE/LIFE SAFETY SERVICES FOR COMMERCIAL ACTIVITIES SECTION 3305 PERMIT FEES SECTION 3306 PERMIT INVESTIGATION FEE SECTION 3307 CONSTRUCTION PLAN DOCUMENTS REQUIRED SECTION 3308 PLAN CHECK/FIELD INSPECTION FEES SECTION 3309 REQUIREMENT FOR SUBMISSION OF ELECTRONIC PLANS SECTION 3310 RECREATIONAL FIRE PERMITS SECTION 3311 NEW MATERIALS, PROCESSES, OR OCCUPANCIES WHICH MAY REQUIRE PERMITS SECTION 3312 ENFORCEMENT AUTHORITY SECTION 3313 APPEALS SECTION 3314 VALUATION OF EXISTING BUILDINGS SECTION 3315 SECTION 202 AMENDED – DEFINITIONS SECTION 3316 FIRE ALARMS SECTION 3317 REQUIREMENTS FOR THE INSTALLATION OF AUTOMATIC FIRE EXTINGUISHING SYSTEMS SECTION 3318 REQUIREMENTS FOR THE INSTALLATION OF AUTOMATIC FIRE EXTINGUISHING SYSTEMS IN ASSEMBLY OCCUPANCIES ORDINANCE NO: 11- Formatted: Font: Bold PAGE SIX Formatted: Indent: First line: 0 pt Formatted: Font: Bold SECTION 3319 REQUIREMENTS FOR THE INSTALLATION OF AUTOMATIC FIRE EXTINGUISHING SYSTEMS IN RESIDENTIAL OCCUPANCIES SECTION 3320 FIRE LIFE SAFETY PROVISIONS FOR HIGHRISE BUILDINGS, CAMPUS FACILITIES, AND SPECIAL STRUCTURES SECTION 3321 MONITORING OF FIRE ALARM SYSTEMS SECTION 3322 ALLEY MAINTENANCE SECTION 3323 HOUSEKEEPING AND FIRE NUISANCES SECTION 3324 VEHICLE CREATING HAZARD SECTION 3325 FLAMMABLE OR COMBUSTIBLE COATINGS SECTION 3326 ELEVATOR SIZING FOR EMERGENCY TRANSPORTATION EQUIPMENT SECTION 3327 DESIGNATION OF FIRE LANES AND TURN AROUND SPECIFICATIONS SECTION 3328 REQUIREMENTS FOR FIRE SAFETY DURING CONSTRUCTION OF CERTAIN WOOD FRAME BUILDINGS SECTION 3329 REQUIREMENT FOR IN BUILDING COMMUNICATION SYSTEM SECTION 3330 DELETED SECTION 3331 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED SECTION 3332 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS PROHIBITED SECTION 3300. CODE ADOPTION. There is hereby adopted by the City Council of the City of Downey for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous conditions or explosion, the 2010 California Fire Code (California Code of Regulations, Title 24, Part 9), based on the International Fire Code, 2009 Edition published by the International Code Council and the Building Standards Commission with the errata, and the whole International Fire Code, 2006 Edition, including Appendices A, B, C, D, E, F, G, H and J as modified and amended by this chapter, and hereby collectively declared to be the Downey Fire Code. One copy of all the above is now on file in the office of the Clerk for public inspection and is adopted with the same force and effect as through set out herein in full. SECTION 3301. ADOPTED APPENDICES. The following appendices, based on the 2009 International Fire Code published by the International Code Council are adopted: 1. Appendix A, Board of Appeals; 2. Appendix B, Fire Flow Requirements for Buildings; 3. Appendix C, Fire Hydrant Locations and Distribution; 4. Appendix D, Fire Apparatus Access Roads; 5. Appendix E, Hazard Categories; 6. Appendix F, Hazard Ranking; 7. Appendix G, Cryogenic Fluids-Weight and Volume Equivalents; 8. Appendix H, Hazardous Materials Management Plans and Hazardous Materials Inventory Statements. 9. Appendix J, Emergency Responder Radio Coverage. ORDINANCE NO: 11- Formatted: Font: Bold PAGE SEVEN Formatted: Indent: First line: 0 pt Formatted: Font: Bold SECTION 3302. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. The California Fire Code 2010 Edition, the International Fire Code 2009 Edition with the Errata, adopted and amended herein shall be enforced by the Bureau of Fire Prevention of the Fire Department of the City of Downey which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. The Fire Chief shall appoint the Fire Marshal in charge of the Bureau of Fire Prevention. SECTION 3303. MOTION PICTURE AND TELEVISION PRODUCTION, GENERAL AUTHORITY. Section 4601.2 of the California Fire Code is hereby amended by adding thereto Section 4601.2.1 to read as follows: 4601.2.1 General authority. The Fire Chief shall have the authority to approve ALL fire/life safety activities associated with the motion picture and television industry within the City upon either public or private property. This shall include the design, construction, operation and maintenance of soundstages and approved production facilities used in the motion picture and television industry productions. The Fire Chief shall have the authority to require the appropriate level of fire/life safety during motion picture and television production activities to protect life and property. This may include the scheduling of Fire Safety Officers (FSO) and fire suppression resources at the expense of the motion picture/television production industry. SECTION 3304. SUBSTITUTION OF TEMPORARY FIRE/LIFE SAFETY SERVICES FOR COMMERCIAL ACTIVITIES. Section 4601.2 of the California Fire Code is hereby amended by adding thereto Section 4601.2.2 to read as follows: 4601.2.2 Substitution of temporary fire/life safety services for commercial activities. The Fire Chief shall have the authority to approve temporary fire/safety services provided for filming activities. The approval process is covered in Downey Municipal Code Article VI, Chapter 11, starting with Section 6955. SECTION 3305. PERMIT FEES. Section 105.1.1 of Appendix Chapter 1 of the California Fire Code is hereby amended by adding language thereto to read as follows: All applications for permits required pursuant to the provisions of this Code shall be accompaniedby the sums set forth and established by Resolution of the City Council. SECTION 3306. PERMIT INVESTIGATION FEE. Section 105.1.1 of Chapter 1 Division II of the California Fire Code is hereby amended by adding thereto Section 105.1.1.1 to read as follows: 105.1.1.1 Permit investigation fee :The permits and permit fees as specified in Section 105 of this Code shall be subject to the following: ORDINANCE NO: 11- Formatted: Font: Bold PAGE EIGHT Formatted: Indent: First line: 0 pt Formatted: Font: Bold When work has begun prior to the issuance of a valid permit and staff time is necessary for Code compliance, a fee will be assessed for the administrative time required to research the project and appropriately permit the work. The fee amount will be set by the Resolution of the City Council. SECTION 3307. CONSTRUCTION PLAN DOCUMENTS REQUIRED. Section 105.1 of Chapter 1 Division II of the California Fire Code is hereby amended by adding thereto Section 105.1.4 to read as follows: 105.1.4 Construction plan documents required. Construction plan documents shall be submitted for all work performed for which a permit is required under Section 105 of the California Fire Code. SECTION 3308. PLAN CHECK/FIELD INSPECTION FEES. Section 105.2 of Chapter 1 Division II of the California Fire Code is hereby amended by adding thereto Section 105.2.5 to read as follows: Section 105.2.5 Plan check/field inspection fees. All plans submitted for approval and all field inspection requests must be accompanied by the sum, set forth for that particular function as established by Resolution of the City Council. SECTION 3309. REQUIREMENT FOR SUBMISSION OF ELECTRONIC PLANS. Section 105.4.1 of Chapter 1 Division II of the California Fire Code is hereby amended by adding thereto Section 105.4.1.1 to read as follows: 105.4.1.1 Requirement for submission of electronic plans. All applicants for commercial and public building projects in the City of Downey will be required to submit to the Downey Fire Department an accurate electronic copy of the following “layers”: A. Site Plan B. Floor Plan with service rooms identified, and exits clearly identified C. Utility shut off locations D. Roof detail E. Fire alarm system F. Fire extinguishing system 1. The submittal will be in “AutoCad” format (.dwg file) or compatible file as agreed upon with the Fire Prevention Bureau. 2. The submittal will be on a Compact Disc (CD) 3. The submittal will be a condition prior to issuing an Occupancy Certificate 4. The “City” will provide a confidentiality agreement to the architect agreeing to use the provided electronic plans for public safety use only. SECTION 3310. RECREATIONAL FIRE PERMITS. Section 105.6.30 of Chapter 1 Division II of the California Fire Code is amended by deleting the Exception regarding recreational fires and adding thereto Section 105.6.30.1 to read as follows: ORDINANCE NO: 11- Formatted: Font: Bold PAGE NINE Formatted: Indent: First line: 0 pt Formatted: Font: Bold 105.6.30.1 Recreational Fires. 1. All recreational fires shall be considered open burning and permit shall be required. Recreational fire permits may be obtained through the Fire Department Administration office located at 11111 Brookshire Avenue between the hours of 0730 and 1730 Monday through Friday. 2. Recreational fires shall be on private property and the property owner shall make application for this permit. There is no fee for the permit. 3. The permit is valid for a period of ONE year. 4. Fires shall be contained within a fire ring, pit, or similar device constructed for such use. 5. Fires are not permitted before 0700 on any day of the week. Fires are not permitted after 2200 Sunday through Thursday, or after midnight on Friday and Saturday. must 6. Written notification from adjoining property owners be submitted at time of application. 7. Oils, combustible and flammable liquids, rubber, plastics, chemically treated materials, construction materials, hazardous waste, and rubbish/trash shall not be burned or used as starting materials. No flammable or combustible liquids shall be used to kindle or rekindle a fire. 8. In all cases, the total fuel load of the fire shall not exceed 3 feet in diameter and 2 feet in height. 9. The prevailing wind at the time of burning shall be away from nearby residences and must be less than 10 mph. 10. The fire must be completely extinguished before leaving it unattended. 11. You, as the property owner assume ALL responsibility for damages or injuries that directly or indirectly result from your fire. 12. Building permits are required for the construction of permanent outdoor fireplaces and barbeques. AT ANY TIME, THE FIRE CHIEF OR HIS REPRESENTATIVE MAY ORDER ANY FIRE EXTINGUISHED AND/OR REVOKE THE PERMIT WHEN ATMOSPHERIC CONDITIONS OR LOCAL CIRCUMSTANCES MAKE THE FIRE HAZARDOUS OR UNDESIRABLE. SECTION 3311. NEW MATERIALS, PROCESSES, OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. Section 105.8 is hereby added to Chapter 1 Division II of the California Fire Code to read as follows: 105.8 New materials, processes, or occupancies which may require permits. The City Manager, the Fire Chief, and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies which shall require permits in addition to those now enumerated in this chapter. The Chief of the Bureau of Fire Prevention shall post such a list in a conspicuous place in his office and distribute copies thereof to interested persons. SECTION 3312. ENFORCEMENT AUTHORITY. Section 103.1 of Chapter 1 Division II of the California Fire Code is amended to read as follows: 103.1 General. The Bureau of Fire Prevention of the Fire Department of the City of Downey is established within the jurisdiction and shall be operated under the supervision of the Chief of the ORDINANCE NO: 11- Formatted: Font: Bold PAGE TEN Formatted: Indent: First line: 0 pt Formatted: Font: Bold Fire Department. The function of the department shall be the implementation, administration and enforcement of the provisions of the code. SECTION 3313. APPEALS. Section 108, including Sections 108.1, 108.2 and 108.3 of the California Fire Code, is hereby amended and replaced in its entirety to read as follows: Whenever it is claimed that the provisions of this chapter do not apply or that the true intent and meaning of this chapter have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Chief to the City Manager. The appeal must be formally submitted within thirty (30) days after the date of the decision. SECTION 3314. VALUATION OF EXISTING BUILDINGS. For the purpose of this section, an existing building or structure shall be deemed to be valued as determined by the Building Official or Fire Chief as per the most current edition of the ICBO Building Standards – Building Valuation Data. SECTION 3315. SECTION 202 AMENDED – DEFINITIONS. Section 202 of the California Fire Code is hereby amended by adding the following defined terms: AUTHORITY HAVING JURISDICTION shall mean the organization, office or individual responsible for approving equipment, installation or procedure. JURISDICTION shall mean the City of Downey. SECTION 3316. FIRE ALARMS. Required Installations A. Section 907.1 and 907.2 of the California Fire Code are hereby amended by adding thereto language to read as follows: All new commercial building(s) or ANY residential building deemed necessary by the Fire Chief shall be equipped with an approved Automatic Fire Alarm and Detection System throughout in accordance with current recognized standards, when the total floor area of such building exceeds three thousand six hundred (3,600) square feet. This provision shall apply to existing building(s), which after completion of major additions will exceed three thousand six hundred (3,600) square feet of floor area. The above requirement shall also apply when said building(s) has been vacated for a period of one year or more. Existing building(s) over three thousand six hundred (3,600) square feet shall be equipped with an approved Automatic Fire Alarm and Detection System throughout, when alterations and/or additions to such building(s) done during a three year period exceed twenty-five percent (25%) of the value of said building(s) current valuation as determined by the Building Official or Fire Chief. Design Criteria. All sprinklered building(s) must be protected with an approved fire alarm system. Sprinklered and non-sprinklered buildings required to have an approved fire alarm ORDINANCE NO: 11- Formatted: Font: Bold PAGE ELEVEN Formatted: Indent: First line: 0 pt Formatted: Font: Bold system must provide for the alerting of ALL occupants of the building, visible devices must be provided at each audible device in areas as determined by the Chief. Smoke detection shall be installed below all finished ceilings and in accordance with recognized standards and manufacturers specifications. These requirements as amended supersede any requirements stated in the remainder of this article and are required in all occupancies. B. Section 907.2.10 is hereby amended by adding thereto language to read as follows: Single station smoke detectors in dwelling units of hotels, motels, and lodging houses, must be supervised and individually annunciated at the front desk and other locations required by the Fire Department. These devices must be supervised by the building fire alarm system. SECTION 3317. REQUIREMENTS FOR THE INSTALLATION OF AUTOMATIC FIRE EXTINGUISHING SYSTEMS. Section 903.3 of the California Fire Code is hereby amended by adding language thereto to read as follows: All new building(s) constructed for any occupancy use shall be protected by an approved Automatic Fire Extinguishing System throughout, installed in accordance with current recognized standards, when the total floor area of such building exceeds three thousand six hundred (3,600) square feet. This provision shall apply to existing building(s), which after completion of major additions will exceed three thousand six hundred (3,600) square feet of floor area. The above requirement shall also apply when said building(s) has been vacated for one year or more. Existing building(s) over three thousand six hundred (3,600) square feet shall be provided with an approved Automatic Fire Extinguishing System throughout, when alterations and/or additions to such building(s) done during a three-year period exceed twenty-five percent (25%) of the value of said building(s). Design Criteria . Fire sprinkler risers shall be secured in cabinets as approved by the Fire Chief. Fire protection system devices and equipment, including the placement thereof, shall be as approved by the Fire Chief. SECTION 3318. REQUIREMENTS FOR THE INSTALLATION OF AUTOMATIC FIRE EXTINGUISHING SYSTEMS IN ASSEMBLY OCCUPANCIES. Section 903.2.1 of the California Fire Code is hereby amended by adding thereto language to read as follows: Existing building(s) utilized for Group A Occupancy purposes shall be provided with an approved Automatic Fire Extinguishing System throughout, when alterations and/or additions to such building(s) done during a three-year period exceed twenty-five percent (25%) of the value of said building(s) as determined by the Building Official or Fire Chief. Design Criteria . Fire sprinkler risers shall be secured in cabinets as approved by the Fire Chief. Fire protection system devices and equipment, including the placement thereof, shall be as approved by the Fire Chief.” ORDINANCE NO: 11- Formatted: Font: Bold PAGE TWELVE Formatted: Indent: First line: 0 pt Formatted: Font: Bold Such devices shall be connected to the Automatic Fire Extinguishing System and shall be designed to activate when a fire flow is detected in the system. In buildings provided with an Automatic Fire Extinguishing System, waterflow detection must be provided on each floor. SECTION 3319. REQUIREMENTS FOR THE INSTALLATION OF AUTOMATIC FIRE EXTINGUISHING SYSTEMS IN RESIDENTIAL OCCUPANCIES. Section 903.2.7 of the California Fire Code is hereby amended by adding thereto language to read as follows: All new building(s) to be constructed for Group R occupancy purposes shall be protected by an approved Automatic Fire Extinguishing System throughout, installed in accordance with nationally recognized standards. This requirement shall also apply when said building(s) has been vacated for one year or more. Existing building(s) utilized for Group R Occupancy purposes shall be provided with an approved Automatic Fire Extinguishing System throughout, when alterations and/or additions to such building(s) done during a three-year period exceed fifty percent (50%) of the value of said building(s). (Downey Municipal Code Section 3314). Design Criteria. A. Attics containing forced air units shall have one or more intermediate temperature sprinkler . heads adjacent to each unit B. NFPA 13D (1999) shall be used for single and multi-family structures consisting of four (4) or less attached units. C. Detached garages over one thousand (1,000) square feet and all attached garages shall be sprinklered. Garages shall have a design density of an Ordinary Hazard Group 1 occupancy and a minimum design area of one (1) head/100 square feet. Quick-response intermediate temperature heads shall be used for the garage area. D. Structures over five thousand (5,000) square feet in total area shall have a design area of the three (3) most remote sprinkler heads. Structures under five thousand (5,000) square feet in total area shall have a design area of the two (2) most remote sprinkler heads. SECTION 3320. FIRE LIFE SAFETY PROVISIONS FOR HIGHRISE BUILDINGS, CAMPUS FACILITIES, AND SPECIAL STRUCTURES. Section 202, “HIGH-RISE BUILDING” of the California Fire Code is amended by adding thereto language to read as follows: ) All buildings having floors used for human occupancy located more than fifty-five feet (55’ above the lowest level of Fire Department vehicle access are considered HIGH-RISE BUILDINGS. Campus Facilities and “Special Structures” as addressed in NFPA 101, facilities which include open structures, towers, water-surrounded structures, piers, underground and windowless structures, high rise buildings, membrane structures, tents, covered mall buildings or traditional occupancies that are located in special or unusual structures, shall conform to the requirements of this Section in addition to other recognized codes and standards. SECTION 3321. MONITORING OF FIRE ALARM SYSTEMS. Section 907.15 of the California Fire Code is hereby amended by adding thereto language to read as follows: ORDINANCE NO: 11- Formatted: Font: Bold PAGE THIRTEEN Formatted: Indent: First line: 0 pt Formatted: Font: Bold All fire alarm systems required by this Code shall be supervised by a U.L. listed City licensed central station service. Agreements shall be made for the automatic transmission of fire alarms from the building in which the fire alarm system is installed to a Central Station and then retransmitted to the Fire Department in a manner and form acceptable to the Fire Chief. SECTION 3322. ALLEY MAINTENANCE. Section 503.4 of the California Fire Code is hereby amended by adding thereto language to read as follows: No person owning or occupying or having the possession or control of any property bordering on any public alley in the City shall fail, refuse, or neglect to keep the portion of such alley between the center line thereof and the property line of such property free from garbage, rubbish, and combustible materials or compounds and flammable liquids and other obstructions. SECTION 3323. HOUSEKEEPING AND FIRE NUISANCES. Section 316 is hereby added to Chapter 3 of the California Fire Code to read as follows: SECTION 316 HOUSEKEEPING AND FIRE NUISANCES A. All building(s) and premises governed by these regulations shall be maintained in good repair and in a clean and orderly manner, free from any condition that presents a fire hazard, contributes to the rapid spread of fire or hinders firefighting operations in any manner. Provisions shall be made for proper storage, removal and disposal of all materials presenting said hazard in accordance with all local, state and federal regulations and to the satisfaction of the Fire Chief. B. All basements, cellars, floors, closets, attics, and other similar places not open to continuous observation shall be kept free from combustible litter and rubbish at all times. C. All combustible waste material and rubbish shall be stored in approved noncombustible containers, consistent with approved fire prevention practices until such time as such waste material is removed from the premises or otherwise properly disposed of. All such waste containers, other than convenience waste receptacles emptied at the close of each day, shall be provided with tight-fitting, noncombustible covers. D. Ashes shall not be placed in or near combustible material but shall be placed in approved metal containers until removed from the premises or otherwise properly disposed of. E. Boiler rooms, mechanical rooms, electric panel rooms, exit passageways, stairways, and corridors shall not be used for storage. SECTION 3324. VEHICLE CREATING HAZARD. Section 317 is hereby added to Chapter 3 of the California Fire Code to read as follows: SECTION 317 VEHICLE CREATING HAZARD Whenever it is determined by a Fire Officer, that an unattended or attended vehicle parked or stopped upon any public street, road, alley, right of way, or upon private property creates an ORDINANCE NO: 11- Formatted: Font: Bold PAGE FOURTEEN Formatted: Indent: First line: 0 pt Formatted: Font: Bold immediate danger or fire hazard to itself, other vehicles, persons or surrounding property; such Fire Officer shall request the Police Department to cause the removal of the vehicle to a safe location and the Police Department shall cause the removal at the expense of the Registered Owner of the vehicle and Notice of the removal shall be given to the Registered Owner as soon as feasible. Attachment “A”, “B”, and “C” attached hereto are adopted by reference herein in Section 3324 of Section 3 of this Ordinance, providing for fire apparatus turnaround specifications for fire access roads greater than 150 feet in length. SECTION 3325. FLAMMABLE OR COMBUSTIBLE COATINGS. Section 1511 is hereby added to Chapter 15 of the California Fire Code to read as follows: SECTION 1511 FLAMMABLE AND COMBUSTIBLE COATINGS 1511.1 Roof Coatings. No person shall apply by any means, a flammable or combustible liquid material or any product as a roof coating, upon any structure, unless such material has been approved for such use by a recognized testing agency. 1511.2 Driveway Coatings. No person shall apply by any means, a flammable or combustible liquid material or any product as a driveway coating, upon any structure, unless such material has been approved for such use by a recognized testing agency. SECTION 3326. ELEVATOR SIZING FOR EMERGENCY TRANSPORTATION EQUIPMENT. Elevators installed in building(s) as required by the Building Department shall be appropriately sized to accommodate both emergency medical staff (minimum of three (3) persons plus patient) and associated local emergency equipment such as gurneys and medical supplies, as described in Section 3002.4 of the 2007 California Building Code. SECTION 3327. DESIGNATION OF FIRE LANES AND TURN AROUND SPECIFICATIONS. A. Section D101.1 of Appendix D is hereby amended by adding thereto Section D101.1.1 to read as follows: D101.1 Identification of fire lanes. Fire Department access or fire lanes shall be identified on private streets or drives by use of the phrase “NO PARKING – FIRE LANE CVC 22500.1” and shall be designated by the use of one or more of the following: a. Approved SIGNS b. Approved RED CURBS c. Approved ROADWAY STRIPING d. Any combination of the above B. Section D103.4 is hereby amended to read as follows: D103.4 Dead ends. Access roads greater than 150 feet in length shall have an approved means for turning around fire apparatus in accordance with the figures shown in Attachment “A”, Attachment “B”, and Attachment “C.” C. Section D103.6 is hereby amended to read as follows: ORDINANCE NO: 11- Formatted: Font: Bold PAGE FIFTEEN Formatted: Indent: First line: 0 pt Formatted: Font: Bold D103.6 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent “NO PARKING – FIRE LANE CVC 22500.1” signs complying with this section. Signs shall be posted on one or both sides of the fire apparatus road as required by Section D103.6.1 or D103.6.2. a. Shall be eighteen (18) inches in height by twelve (12) inches in width. b. Lettering shall be red on a white background and no less than three (3) inches in height. The perimeter of the sign shall have a red border no more than one (1) inch in width. c. Sign shall read as follows: NO - Located in top half of sign PARKING - Located in lower half of sign FIRE - Located below FIRE LANE LANE - Red border – 1” width CVC 22500.1 d. Signs shall be installed so that there is not less than seven (7) feet clear from the bottom of the sign to finish grade. Temporary signs must be approved by the fire department prior to placement and use. e. The distance between the signs shall no exceed fifty (50) feet and there shall be a sign within five (5) feet of the beginning and end of the FIRE LANE f. Installation and maintenance of the signs located on private streets and drives shall be the responsibility of the property owner. D. Section D103.7 is hereby added to Appendix D to read as follows: D103.7 Red curbs. a. Curbing which is used in designating FIRE LANES shall be painted “FIRE SAFETY RED” OR EQUIVALENT. b. White lettering, no less than three (3) inches in height shall be placed on top of the red curbing and shall read “NO PARKING – FIRE LANE CVC 22500.1” c. Such lettering shall be located a maximum of thirty-five (35) feet apart and within five (5) feet from the beginning and end of the designated FIRE LANE. d. Installation and maintenance of red curbing located on private streets and drives shall be the responsibility of the property owner. F. Section D103.8 is hereby added to Appendix D to read as follows: D103.8 Roadway striping. a. Areas designated to be FIRE LANE where no curbs exist shall be striped. b. Striping shall consist of three (3) inch wide red stripes on a diagonal basis for the full width and length of the FIRE LANE. c. White lettering a minimum dimension of two (2) inches in width by twelve (12) inches in height, per letter, shall read “NO PARKING – FIRE LANE CVC 22500.1” and shall be painted within the striping. ORDINANCE NO: 11- Formatted: Font: Bold PAGE SIXTEEN Formatted: Indent: First line: 0 pt Formatted: Font: Bold d. Such lettering shall be located a maximum of thirty-five (35) feet apart and within five (5) feet of the beginning and end of the FIRE LANE. e. Installation and maintenance of the roadway striping located on private streets and drives shall be the responsibility of the property owner. SECTION 3328. REQUIREMENTS FOR FIRE SAFETY DURING CONSTRUCTION OF CERTAIN WOOD FRAME BUILDINGS. Section 1418 is hereby added to Chapter 14 of the California Fire Code to read as follows: SECTION 1418 REQUIREMENTS FOR FIRE SAFETY DURING CONSTRUCTION OF CERTAIN WOOD FRAME BUILDINGS 1418.1 General. The provisions of this Ordinance shall apply only to activities occurring during the construction of certain wood frame buildings as specified herein. Nothing contained in this Ordinance shall be construed to alter such building occupancy standards or fire protection measures for wood frame or other construction methods as may otherwise be set forth in this code. A. No person shall engage in any aspect of construction on a large or major wood frame building project, or permit or authorize any such construction to occur, except in full compliance with this Ordinance. B. The property owner, as identified on the application for a building permit for a large or major wood frame building project, shall be liable for full compliance with this Ordinance. The Fire Chief or responsible fire code official and the Chief Building Official are authorized to, from time to time, as necessary to implement this Ordinance, issue, review and revise administrative regulations to implement the provisions of this Ordinance, including but not limited to regulations concerning the required content of construction fire protection plans and the manner in which fire safety officer duties are to be performed. 1418.2 Definitions. The definitions contained in this part shall govern the interpretation of this Ordinance. Where terms are not specifically defined in this Ordinance, the definitions contained in Ordinances and Title 24 of this code shall control. Building height. "Building height" for the purpose of this Ordinance only, shall mean the vertical distance above a reference datum, measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields the greatest height of building: (1) The elevation of the highest natural ground surface within a five-foot horizontal distance of the exterior wall of the building when the highest such natural ground surface is not more than ten feet above the lowest grade; or (2) An elevation ten feet higher than the lowest grade when the natural ground surface described in (1) is more than ten feet above the lowest grade. Construction fire protection plan. "Construction fire protection plan" means a document which specifies measures and practices to be incorporated into the construction process to ORDINANCE NO: 11- Formatted: Font: Bold PAGE SEVENTEEN Formatted: Indent: First line: 0 pt Formatted: Font: Bold minimize the potential for the occurrence and spread of fires, and to facilitate firefighting efforts during building construction. Exposed wood framing. "Exposed wood framing" means the area of a large or major wood frame building project that is enclosed, in whole or in part, by wood stud framing and decking of the floor or roof above. Attics not designated for occupancy, balconies open to the sky and other similar open space are not included in this square footage calculation. For the purpose of measuring total square footage of wood framing, any adjacent ongoing wood frame construction is considered to be within the project when adjacent structures are separated by less than sixty feet of open air. Fire Safety Officer. "Fire safety officer" means an individual employed on a construction job site whose job function is to minimize the potential for the occurrence and spread of fires in accordance with the requirements of this Ordinance and the approved construction fire protection plan. The duties of a fire safety officer shall be in addition to, and do not supersede, the duties of any contractor or individual engaging in activities which have the potential to cause the occurrence or spread of fire, including but not limited to the duties specified in Chapter 26 of the 2010 California Fire Code, as adopted in this code. Hot work. "Hot work" means construction activities including, but not limited to, cutting, welding, use of open torch, brazing, and glass blowing, which are regulated by Chapter 26 of the 2010 California Fire Code, as adopted in this code. Large wood frame building project. "Large wood frame building project" means a building project utilizing exposed wood framing in the construction of fifteen or more attached dwelling units, or construction exceeding a total of fifty thousand square feet. Major wood frame building project. "Major wood frame building project" is large wood frame building project which will either: A. Exceed two hundred fifty thousand square feet; or B. Exceed two hundred thousand square feet if the project exceeds fifty feet in height Maximum allowable exposed wood framing limit. "Maximum allowable exposed wood framing limit" means: A. Two hundred fifty thousand square feet; or B. Two hundred thousand square feet for a large wood frame building project which exceeds fifty feet in height. Mitigating fire protection barriers. "Mitigating fire protection barrier" means at least one layer of 5/8-inch gypsum board or other fire resistive blocking located at the end of a fire resistive area or separation wall or party wall, and installed such that the mitigating fire protection barrier(s) and fire resistive wall(s) enclose area(s) of not less than ten thousand square feet and not more than fifty thousand square feet. ORDINANCE NO: 11- Formatted: Font: Bold PAGE EIGHTEEN Formatted: Indent: First line: 0 pt Formatted: Font: Bold 1418.3 Specific requirements. A. No building permit shall be issued which allows the commencement of wood frame construction on a large or major wood frame building project, unless the Fire Chief or responsible fire code official has provided written approval of a construction fire protection plan for the project. B. Construction fire protection plans for a large or major wood frame building project shall state how the requirements of this ordinance and all other fire safety requirements shall be met during construction of the project. Construction fire protection plans for major wood frame building projects shall, in addition, state how off-hours security will be addressed, and how construction sequencing, including the installation of mitigating fire protection barriers, will be utilized to minimize the potential for the occurrence and spread of fire. C. No person shall engage in, permit, authorize or allow any aspect of construction on any project for which a construction fire protection plan has been approved unless the Fire Chief or responsible fire code official has provided written approval of a fire protection plan for the project. D. No person shall engage in, permit, authorize or allow any aspect of construction on any project for which a construction fire protection plan has been approved except in full compliance with the approved construction fire protection plan for the project. E. The approved construction fire protection plan shall be a condition of the building permit and a copy of the plan shall be maintained on site at all times during construction of the project. 1418.4 Fire Safety Officer Requirements. A. No person shall perform, permit, authorize or allow any hot work on any large or major wood frame building project, after wood framing has commenced, unless a fire safety officer is present on the project site at all times while hot work is being performed. B. A fire safety officer shall monitor, confirm and document the following: 1. That a fire watch as required by Chapter 14 of the 2010 California Fire Code, as adopted in this code. 2. That storage, use and handling of flammable liquids conforms to all federal, state and local, legal and administrative requirements; 3. That construction debris is promptly removed from the project site; 4. That fire protection equipment, including fire extinguishers, fire hydrants, standpipes, and other fire service connections, are in place and operational, as required by law or specified in the approved construction fire protection plan; 5. That mitigating fire protection barriers are in place on any major wood frame building project, in accordance with this ordinance and the construction sequencing requirements of the approved construction fire protection plan; ORDINANCE NO: 11- Formatted: Font: Bold PAGE NINETEEN Formatted: Indent: First line: 0 pt Formatted: Font: Bold 6. That such other requirements relating to fire safety have been met, as may be specified in this code, in the regulations adopted pursuant to this Ordinance, or in the approved construction fire protection plan. 1418.5 Basic fire protection facilities. A. No person shall commence, permit, authorize or allow wood framing or engage in any construction activity after the commencement of wood frame construction on a large or major wood frame building project, unless an all-weather access road is in place, meeting the requirements of Section 1410 of the 2010 California Fire Code, or such other fire apparatus access requirements as may be specified in the construction fire protection plan for the project, or in any development or building permit for the project, are in place and functional. B. No person shall commence, permit, authorize or allow wood framing or engage in, permit, authorize or allow any construction activity after the commencement of wood frame construction on a large or major wood frame building project, unless all fire protection equipment, including fire extinguishers, fire hydrants, standpipes and other fire service connections, are in place and operational, as required by law or specified in the approved construction fire protection plan. 1418.6 Mitigating fire protection barriers. No person shall continue, permit, authorize or allow any construction activity on any major wood frame building project, unless mitigating fire protection barriers are in place and operational, in accordance with the approved construction fire protection plan, to maintain the project at or below the applicable maximum allowable exposed wood framing limit. SECTION 3329. REQUIREMENT FOR IN BUILDING COMMUNICATION SYSTEM. Section 511 is hereby added to Chapter 5 of the California Fire Code to read as follows: SECTION 511 REQUIREMENT FOR IN BUILDING COMMUNICATION SYSTEM 511.1 General. Except as otherwise provided, no person shall erect, construct, change the use of or provide an addition of more than 20 percent to any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for the City of Downey radio communications system, including but not limited to firefighters and police officers. In-building communications will be provided for ALL Subterranean structures constructed after passage of this ordinance. For purposes of this section, adequate radio coverage shall include all of the following: 1. A minimum signal strength of -95 dbm available in 90 percent of the area of each floor of the building when transmitted from the closest City of Downey radio communications system site; 2. A minimum signal strength of -95 dbm received at the closest City of Downey radio communications system site when transmitted from 90 percent of the area of each floor of the building; ORDINANCE NO: 11- Formatted: Font: Bold PAGE TWENTY Formatted: Indent: First line: 0 pt Formatted: Font: Bold 3. The frequency range which must be supported shall be the current band of frequencies used by the City of Downey; and 4. A 100 Percent Reliability Factor. When measuring the performance of a bi- directional amplifier, signal strength measurements are based on one input signal adequate to obtain a maximum continuous operating output level. 511.2 Amplification Systems Allowed. Buildings and structures which cannot support the required level of radio coverage shall be equipped with any of the following in order to achieve the required adequate radio coverage: a radiating cable system or an internal multiple antenna system with or without FCC type accepted bi-directional 800 MHz amplifiers as needed. If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least 12 hours without external power input. The battery system shall automatically charge in the presence of an external power input. If used, bi-directional amplifiers shall include filters to reduce adjacent frequency interference. These filters shall be tuned so that they will be 35 dbm below the City of Downey frequencies. 511.3 Testing Procedures. 1. Acceptance Test Procedure. When an in-building radio system is required, and upon completion of installation, it will be the building owner’s responsibility to have, the radio system tested to ensure that two-way coverage on each floor of the building is a minimum of 90 percent. Each floor of the building shall be divided into a grid of approximately 20 equal areas. A maximum of two nonadjacent areas will be allowed to fail the test. In the event that three of the areas fail the test, in order to be more statistically accurate, the floor may be divided into 40 equal areas. A maximum of four nonadjacent areas will be allowed to fail the test. After the 40- area test, if the system continues to fail, it will be the building owner’s responsibility to have the system altered to meet the 90 percent coverage requirement. The test shall be conducted using a Motorola XTS 5000R (UHF) and an MTS 2000 (VHF), or equivalent, portable radio, talking through the City of Downey radio communications system as specified by the authority having jurisdiction. A spot located approximately in the center of a grid area will be selected for the test, then the radio will be keyed to verify two-way communications to and from the outside of the building through the City of Downey Radio Communications System. Once the spot has been selected, prospecting for a better spot within the grid area will not be permitted. The gain values of all amplifiers shall be measured and the test measurement results shall be kept on file with the building owner so that the measurements can be verified each year during the annual tests. In the event that the measurement results become lost, the building owner will be required to rerun the acceptance test to reestablish the gain values. As part of the installation, a spectrum analyzer or other suitable test equipment shall be utilized to insure that spurious oscillations are not being generated by the subject bi-directional amplifier (BDA) due to coupling (lack of sufficient isolation) between the input and output systems. This test will be conducted at time of installation and subsequent annual inspections. 2. Annual Tests. When an in-building radio system is required, it shall be the building owner’s responsibility to have all active components of the system, such as amplifiers and power supplies and backup batteries tested to a minimum of once every 12 months. Amplifiers shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance. Backup batteries and power supplies shall be tested under load of a period of one ORDINANCE NO: 11- Formatted: Font: Bold PAGE TWENTY-ONE Formatted: Indent: First line: 0 pt Formatted: Font: Bold hour to verify that they will properly operate during an actual power outage. If within the one hour test period, and in the opinion of the testing technician, the battery exhibits symptoms of failure, the test shall be extended for additional one hour periods until the integrity of the battery can be determined. All other active components shall be checked to determine that they are operating within the manufacturers specifications for the intended purpose. 3. Five Year Tests. In addition to the annual test, it shall be the building owner’s responsibility to perform a radio coverage test a minimum of once every five (5) years to ensure that the radio system continues to meet the requirements of the original acceptance test. 4. Qualifications of Testing Personnel. Personnel conducting radio system tests shall be qualified to perform the work. All tests shall be conducted, documented and signed by a person in possession of a current FCC license, or a current technician certification issued by the Associated Public-Safety Communications Officials International (APCO) or the Personal Communications Industry Association (PCIA). All test records shall be retained on the inspected premises by the building owner and a copy submitted to the fire department officials. 511.4Field Testing. Police and fire personnel, after providing reasonable notice to the owner or his representative, shall have the right to enter onto the property to conduct field testing to be certain that the required level of radio coverage is present. 511.5 Exemptions. This section shall not apply to: buildings less than 5000 square feet or any R-3 occupancy. SECTION 3330. DELETED. SECTION 3331. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED. The limits referenced to in Section 3404.2.9.5.1 of the 2010 California Fire Code in which the storage of flammable or combustible liquids is restricted are hereby established as follows: Within the limits of the City of Downey, except that such use is allowed with the following conditions: That the individual tank capacity does not exceed one thousand (1000) gallons with the aggregate quantity not to exceed two thousand (2000) gallons. Proposed aggregate quantities in excess of one thousand (1000) gallons will be evaluated and approved on a case by case basis by the Fire Chief. That such use shall be viewed as utility equipment as described in Section 9136.08 of the Downey Municipal Code and shall be located in zones approved by the City’s Planning Division. Aboveground tanks shall be completely screened from view from public streets and not located within any required parking, vehicle circulation areas or required landscaped areas. Aboveground tanks used for the storage, dispensing, and/or use of flammable liquids shall meet all applicable requirements of the California Fire Code, all general requirements as identified in Chapter 34, and shall be provided with safety features such as leak detection and alarm systems, automatic shut off valves and other safety components as deemed necessary by the Fire Chief. ORDINANCE NO: 11- Formatted: Font: Bold PAGE TWENTY-TWO Formatted: Indent: First line: 0 pt Formatted: Font: Bold SECTION 3332. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS PROHIBITED. The limits referred to in Section 3804.2 of the 2010 California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: In zones as shown on City of Downey land use maps as C-1, C-2, C-3, CP, HM, R-1, R-2, R-3.” SECTION 4. Chapter 4 of Article III of the Downey Municipal Code is hereby amended and restated in its entirety to read as follows: Chapter 4 –HAZARDOUS MATERIALS CODE SECTION 3400 HAZARDOUS MATERIALS CODE: ADOPTION SECTION 3401 RESPONSIBILITY FOR IMPLEMENTING THE HAZARDOUS MATERIALS CODE SECTION 3401.1 ADMINISTERING AGENCY SECTION 3402 DEFINITIONS SECTION 3403 DESIGNATION OF A HAZARDOUS MATERIAL SECTION 3404 FILING OF A HAZARDOUS MATERIAL DISCLOSURE FORM SECTION 3405 DISCLOSURE OF INFORMATION SECTION 3406 CONTENT OF THE DISCLOSURE FORM SECTION 3407 EXEMPTIONS FROM DISCLOSURE SECTION 3408 IDENTIFICATION SECTION 3409 ON-SITE UTILIZATION OF MSDS AND OCCUPANCY FLOOR PLANS SECTION 3410 FEES AND PENALTIES SECTION 3411 RMPP REQUIREMENTS – NEW/MODIFIED FACILITIES SECTION 3400. HAZARDOUS MATERIALS CODE: ADOPTION. There hereby is adopted by reference for the purpose of prescribing regulations governing conditions hazardous to life, property, and the environment from handling, use, or storage of hazardous materials or from release or threatened release of hazardous materials or hazardous waste. California Health and Safety Code, Chapter 6.95, Article 1, Sections 25500 et seq.; California Code of Regulations, Title 19, Division 2, Chapter 4, Sections 2620-2734; California Health and Safety Code, Chapter 6.11, Sections 25404 et seq.; California Code of Regulations, Title 27, Division 2, Chapter 4.5, Sections 15160(b)(1), 15100(g)(1), 15100(b)(2), 15100(g)(3), 15330(a); California Code of Regulations, Title 19, Division 2, Chapter 4.5, Sections 2735-2785. Three (3) copies of the applicable codes and regulations which are on file in the office of the City Clerk and said Code shall be known as “The Hazardous Materials Code of the City of Downey.” SECTION 3401 RESPONSIBILITY FOR IMPLEMENTING THE HAZARDOUS MATERIALS CODE The City of Downey hereby assumes responsibility for implementing California Health and Safety Code, Chapter 6.95, Article 1, commencing with Section 25500; California Code of Regulations, Title 19, Division 2, Chapter 4, commencing with Section 2620; California Health and Safety Code, Chapter 6.11, commencing with Section 25404; California Code of ORDINANCE NO: 11- Formatted: Font: Bold PAGE TWENTY-THREE Formatted: Indent: First line: 0 pt Formatted: Font: Bold Regulations, Title 27, Division 2, Chapter 4.5, commencing with Section 15160(b)(1); and California Code of Regulations, Title 19, Division 2, Chapter 4.5, commencing with Section 2735; and adopts the requirements contained therein as the Standards of the City of Downey relating to Hazardous Materials handling, use, reporting, and Business and Area Response Plans; provided, however, that whenever a conflict exists between the requirements set forth in the applicable California Codes and Regulations and the requirements set forth in the remainder of this chapter, the most restrictive requirements shall apply. This code does not relate to the entire area of Hazardous Materials reporting, storage, handling, and/or disposal. Therefore, this code does not preempt any other local ordinances, codes and/or regulations which impose additional or more stringent requirements on businesses which handle hazardous materials. SECTION 3401.1 ADMINISTERING AGENCY The City of Downey Fire Department shall be designated the City’s administering agency, responsible for administering and enforcing provisions of this code. SECTION 3402 DEFINITIONS For the purposes of this chapter, the following terms, words, and phrases shall have the meaning given herein: a. "Business" means an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, or association. For purposes of this chapter, “business" includes a business organized for profit and a nonprofit business. b. "Business plan" means a separate plan for each facility, site, or branch of a business that meets the requirements of Section 25504 of the California Health and Safety Code, Chapter 6.95, Article 1. c. “Carcinogen” refers to any agent, substance, or mixture that may pose a hazard to human health by virtue of their ability to cause cancer. For purposes of this chapter, carcinogens are those substances specified on the list developed by the United States Department of Health and Human Services on its most recent edition of the Annual Report of Carcinogens. d. “CAS number” means the unique identification name as assigned by the Chemical Abstracts Services to specific chemical substances. e. "Certification statement" means a statement signed by the business owner, operator, or officially designated representative that attests to all of the following: 1. The information contained in the annual inventory form most recently submitted to the administering agency is complete, accurate, and up to date. 2. There has been no change in the quantity of any hazardous material as reported in the most recently submitted annual inventory form. 3. No hazardous materials subject to the inventory requirements of this chapter are being handled that are not listed on the most recently submitted annual inventory form. 4. The most recently submitted annual inventory form contains the information . required by Section 11022 of Title 42 of the United States Code ORDINANCE NO: 11- Formatted: Font: Bold PAGE TWENTY-FOUR Formatted: Indent: First line: 0 pt Formatted: Font: Bold f. “Disclosure” form means the submittal of the Hazardous Materials Business Plan (HMBP) disclosing hazardous materials handled at quantities equal to or greater than the reportable limits of: • 55 gallons for liquids • 500 pounds for solids • 200 cubic feet for gases • Quantities of radioactive materials for which an emergency plan is required under Federal Regulations. • Regulated substances (RS) must be reported if the listed Threshold Quantity (TQ) is exceeded. g. “Hazardous material” shall include “hazardous waste,” as defined in subsection (i) of this section, or any material designated by the Fire Chief pursuant to Section 3403, or any substance or product: 1) That because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. 2) Any substance or chemical product for which one of the following applies: a. The manufacturer or producer is required to prepare a MSDS for the substance or product pursuant to the Hazardous Substances Information and Training Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5 of the Labor Code) or pursuant to any applicable federal law or regulation. b. The substance is listed as a radioactive material in Appendix B of Chapter 1 of Title 10 of the Code of Federal Regulations, maintained and updated by the Nuclear Regulatory Commission. c. The substances listed pursuant to Title 49 of the Code of Federal Regulations. d. The materials listed in subdivision (b) of Section 6382 of the Labor Code. (3) Which is listed as a legal carcinogen from the California Administrative Code, Title 8, Subchapter 7, Group 16 and those substances specified in subsection (a) of this section; or (4) Which the Director of the Department of Food and Agriculture classifies as pesticides; or (5) Which the EPA classifies as priority organic pollutants. h. “Hazardous Materials Business Plan (HMBP)” contain basic information on the location, type, quantity, and health risks of hazardous materials stored, used, or disposed of at the business. A Hazardous Materials Business Plan includes the following sections: (1) Business Activities Page (2) Owner-Operator Identification Page (3) Chemical (Hazardous Materials) Inventory Page (4) Business Emergency (Contingency) Plan ORDINANCE NO: 11- Formatted: Font: Bold PAGE TWENTY-FIVE Formatted: Indent: First line: 0 pt Formatted: Font: Bold (5) Site Map i. “Hazardous waste” means any material that is identified in: (1) Sections 25115 and 25117 of the California Health and Safety Code and set forth in Sections 66680 and 66684 of Title 22 of the California Administrative Code; or (2) The Code of Federal Regulations, Title 40, Sections 261.31 – 261.33. j. “Health Official” means the Health Officer of the County of Los Angeles or his or her authorized representative. k. “MSDS” means a Material Safety Data Sheet prepared pursuant to Section 6390 of the California Labor Code or pursuant to the regulations of the occupational Safety and Health Administration of the United States Department of Labor. l. “Person” means an individual, trust, firm, joint stock company, corporation, association, City, county, district, and the State, or any department or agency thereof. m. “Storage” or “storing” means the containment of substances or materials in such a manner as not to constitute disposal of such substances or materials. n. “Use” includes the handling, processing or storage of hazardous materials. o. “User” means any person who uses or handles hazardous materials. (Added by Ord. 842, adopted 1-27-87; amended by Ord. 1224 § 4, adopted 12-14-07) SECTION 3403 DESIGNATION OF A HAZARDOUS MATERIAL A material may be added to the list of hazardous materials as defined in subsection (g) of Section 3402 upon a finding by the Fire Chief that the material, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the community. (Added by Ord. 842, adopted 1-27-87; amended by Ord. 1224 § 4, adopted 12-14-07) SECTION 3404 FILING OF A HAZARDOUS MATERIAL DISCLOSURE FORM (a) Any person who uses or handles a hazardous material must annually by March 1st, submit a completed Hazardous Materials Business Plan and/or Certification statement to the City of Downey Fire Department. (b) Any person who, during the calendar year, for the first time becomes a user or handler of any hazardous material, must submit a completed disclosure form to the Fire Department within thirty (30) days of becoming a user or handler. Thereafter, said person shall comply with the provisions of subsection (a) of this section. ORDINANCE NO: 11- Formatted: Font: Bold PAGE TWENTY-SIX Formatted: Indent: First line: 0 pt Formatted: Font: Bold (c) The Fire Department may specify in writing such other times that submitting the disclosure form may be necessary. (d) Any person who fails to submit a disclosure form within the time limits set forth pursuant to subsections (a) through (c), or upon notice of the Fire Chief or his or her authorized representative, shall be assessed a penalty fee for said late filing as established pursuant to Section 3410. Said penalty shall be in addition to regularly assessed fees, if any. (e) Any person who has submitted a disclosure form pursuant to subsections (a) through (d) of this section shall submit to the Fire Department a new completed Hazardous Materials Business Plandetailing the new use, handling or other appropriate information required, within thirty (30) days of any: (1) A 100 percent or more increase in the quantity of a previously disclosed hazardous material; (2) New use or handling of a previously undisclosed hazardous material; (3) Removal of a previously disclosed hazardous material from the chemical inventory (4) Change of business address; (5) Change of business ownership; (6) Change of business name; (7) Closure of business. SECTION 3405 DISCLOSURE OF INFORMATION (a) The Fire Department shall maintain files of Hazardous Materials Business Plans received. Subject to the provisions of Section 25511 of the California Health and Safety Code relating to trade secrets, these files shall be available for review by the public during normal business hours, upon payment of fees established pursuant to Section 3410 of this chapter. (b) The Fire Department shall maintain a record of all persons requesting access to the hazardous materials disclosure forms. The record shall include: (1) The person’s name, address and telephone number, as determined by appropriate photo identification; (2) The name and address of the business or governmental agency such person represents; (3) Identification of the specific file(s) examined or requested to be copied. ORDINANCE NO: 11- Formatted: Font: Bold PAGE TWENTY-SEVEN Formatted: Indent: First line: 0 pt Formatted: Font: Bold SECTION 3406 CONTENT OF THE DISCLOSURE FORM (a) The disclosure form shall include the information set forth in Sections 22504; 25509; and 25509.3 of the California Health and Safety Code (b) Upon request, all users must provide the following information in addition to that required in the disclosure form: (1) To the Fire Department, any information determined by the Fire Department to be necessary to protect the public health, safety or the environment; and (2) To any physician where the physician determines that such information is necessary to the medical treatment of his or her patient. SECTION 3407 EXEMPTIONS FROM DISCLOSURE (a) Businesses handling hazardous materials as provided in Section 25503.5 and its subdivisions (b), (c), and (d), of the Health and Safety Code are exempt from hazardous materials disclosure requirements. (b) Any hazardous material contained in any rail car, rail tank car, rail freight container, marine vessel, or marine freight container remains within the same railroad facility, marine facility, or business facility for less than 30 days, the hazardous material is deemed in transient at that location for purposes of this chapter and is exempt from the requirements of this chapter. (c) Infectious waste generated by hospitals, medical centers, clinics and other health care facilities that are regulated under California Code of Regulations, Title 22, Division 4, Chapter 21, Sections 65600, et seq.shall be exempt from the disclosure requirements of this chapter. (Added by Ord. 842, adopted 1-27-87; amended by Ord. 1224 § 4, adopted 12-14-07) SECTION 3408 IDENTIFICATION When required by the Fire Chief, areas or buildings containing hazardous materials shall be so identified. Such identification may include signing, color coding, posting lists of materials and MSDS, or other notice as may be deemed necessary by the Fire Chief. SECTION 3409 ON-SITE UTILIZATION OF MSDS AND OCCUPANCY FLOOR PLANS When required by the Fire Chief, any person submitting a disclosure form may be required to install an approved key box for emergency utilization of MSDS, floor plans, site plans with digital copies of each on CD and access keys for use by emergency responders. The location of the required key box shall be approved by the Fire Chief. ORDINANCE NO: 11- Formatted: Font: Bold PAGE TWENTY-EIGHT Formatted: Indent: First line: 0 pt Formatted: Font: Bold SECTION 3410 FEES AND PENALTIES The City Council shall by Resolution, pursuant to the Fire Chief’s recommendation, establish a schedule of fees and penalties which shall include the following: (a) A schedule of fees sufficient to cover the costs to the City of Downey administering this chapter, to be paid annually by persons using or handling hazardous materials; (b) A schedule of fees sufficient to cover the costs, including duplication and administration costs, to the City of Downey, of responding to a request from the public for access to Hazardous Materials BusinessPlans, to be paid by persons requesting access; (c) A schedule of penalties to be assessed for the late filing of any disclosure form. SECTION 3411 RMPP REQUIREMENTS – NEW/MODIFIED FACILITIES (a) Any new or modified facility that handles, manufactures, uses, or stores any of the regulated substances above the threshold quantities, as set forth in Section 25532(g) of the California Health and Safety Code, and Title 19 of the California Code of Regulations, Section 27705.5 shall prepare, submit and implement a Risk Management Plan (RMP), as specified in Section 25534 of the California Health and Safety Code. The RMP shall be submitted to the Fire Department and implemented at the facility prior to beginning any process, as defined in Title 19 of the California Code of Regulations, Section 2735.3, involving the regulated substance. (b) The RMP shall be approved by the Downey Fire Department pursuant to Section 25535 of the California Health and Safety Code. (c) Exemption Procedure. The Downey Fire Department may waive the submission and implementation of a RMP if compelling evidence, submitted in writing, demonstrates that the exemption would not present a significant likelihood of a regulatedsubstances accident risk. SECTION 5. Chapter 5 of Article III of the Downey Municipal Code is hereby amended and restated in its entirety to read as follows: Chapter 5 –FIREWORKS SECTION 3500 ADOPTION OF HEALTH AND SAFETY CODE SECTION 3501 DEFINITIONS SECTION 3502 TYPE AND TIME SECTION 3503 USE SECTION 3504 MISUSE SECTION 3505 PROHIBITIONS ON DISCHARGE: PUBLIC PARKS AND RIGHT-OF- WAY SECTION 3506 STORAGE AND SALE SECTION 3507 DELETED SECTION 3508 APPLICATIONS FOR AND AWARD OF SALES PERMITS ORDINANCE NO: 11- Formatted: Font: Bold PAGE TWENTY-NINE Formatted: Indent: First line: 0 pt Formatted: Font: Bold SECTION 3509 PREREQUISITES TO ISSUANCE OF SALES PERMITS SECTION 3510 ISSUANCE OF SALES PERMITS SECTION 3511 APPROVAL OF LOCATION OF SALES STANDS SECTION 3512 OPERATION OF SALES STANDS SECTION 3513 GENERAL REQUIREMENTS FOR FIREWORKS STANDS SECTION 3515 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED SECTION 3500. ADOPTION OF HEALTH AND SAFETY CODE. With exceptions where the Downey Municipal Code regulations are more stringent, the California Health and Safety Code Sections 12500-12726 is adopted as a reference for fireworks regulations. SECTION 3501. DEFINITIONS. For the purpose of this chapter, the most current adopted California Health and Safety Code (Sections 12500-12534) will define the terms used unless otherwise noted. SECTION 3502. TYPE AND TIME. Fireworks shall only be discharged within the City boundaries between 3:00 p.m. and 10:00 p.m. on July Fourth. Only fireworks approved as “Safe and Sane” by the State Fire Marshal will be allowed to be discharged without a permit issued by the Fire Chief. It shall be unlawful to discharge fireworks at any other time or date of the year. EXCEPTION: Displays presented by licenses pyrotechnicians with appropriate permits issued by the Fire Department. SECTION 3503. USE. The discharge of “Safe and Sane” fireworks shall be in the presence of a responsible adult (minimum age eighteen (18)). Possession of any fireworks by anyone under the age of eighteen (18) is a violation of this Code. The transfer or sale of fireworks from unlicensed individuals is strictly prohibited. SECTION 3504. MISUSE. (a) Anyone found in possession or to be discharging fireworks deemed dangerous as defined in Section 12505 of the California Health and Safety Code shall be in violation of this Code. (b) Anyone found is possession or discharging altered “Safe and Sane” fireworks, as defined in Section 12529 of the California Health and Safety Code, in a manner contrary to their intended use within the City shall be in violation of this Code. (c) Any fireworks found in either (a) or (b) above will be confiscated and properly disposed of by the Fire Department with the appropriate charges being borne by the violator. SECTION 3505. PROHIBITIONS ON DISCHARGE: PUBLIC PARKS AND RIGHT-OF-WAY. No person shall discharge any fireworks upon any City property or public right-of-way without the approval of the Fire Chief. ORDINANCE NO: 11- Formatted: Font: Bold PAGE THIRTY Formatted: Indent: First line: 0 pt Formatted: Font: Bold SECTION 3506. STORAGE AND SALE. Except as hereinafter provided, it shall be unlawful for any person to store any fireworks or to offer for sale, display for sale, or sell at retail any fireworks within the City without a valid permit. SECTION 3507. DELETED. SECTION 3508. APPLICATIONS FOR AND AWARD OF SALES PERMITS. Applications for sales permits and award of such permits shall be governed by the provisions of a resolution for such purpose to be adopted by the City Council and shall further be subject to other provisions of the Fire Code as amended. SECTION 3509. PREREQUISITES TO ISSUANCE OF SALES PERMITS. The following qualifications shall be met each year by each applicant for a sales permit for fireworks: (a) Permits may be issued to any nonprofit association or corporation organized primarily for veteran, patriotic, welfare, religious, civic betterment, or charitable purposes which has been issued a tax exempt certificate as required under the Revenue and Taxation Code of the State or a group which is an integral part of a recognized national organization having such a tax exempt status. (b) Each such organization shall have its principal and permanent meeting place in the City, shall have been organized and established in the City for a minimum of two (2) years continuously preceding the filing of the application for the permit, and shall have a bona fide membership of at least twenty-five (25) members. (c) No City employee organization may be granted such permit. (d) Completed applications for fireworks sales will be submitted to the Fire Department no st later than ten (10) months prior to July 1 of each year. (e) A financial statement signed by the treasurer or financial officer of the applicant setting forth the total gross receipts from each stand from which fireworks were sold, all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof, and to whom and for what purpose the net proceeds were disbursed, along with the most recent report filed by the applicant to the State Board of Equalization, shall be st filed with the Fire Department by September 1. Such statements shall be made on forms furnished by the Director of Finance. (f) The filing of such financial statement shall be a condition precedent to the granting of any subsequent permit to any such permittee. (g) Organizations licensed to sell fireworks shall obtain a temporary sales permit for the City from the regional office of the State Board of Equalization. ORDINANCE NO: 11- Formatted: Font: Bold PAGE THIRTY-ONE Formatted: Indent: First line: 0 pt Formatted: Font: Bold SECTION 3510. ISSUANCE OF SALES PERMITS. (a) No one organization may receive more than one permit for fireworks sales during any one calendar year. This limitation shall not apply to groups which have separate charters from parent organizations. The maximum number of permits which may be issued pursuant to this chapter during any one calendar year shall not exceed eighteen (18). (b) Each year a lottery drawing will be performed on the first Wednesday of October to select the fireworks stand permittees from the group of permit applications. At least one representative for each permit applicant must be present at the time and place of the lottery drawing. All qualified groups will have an equal opportunity. Previous applicants found in violation of the Downey Fire Code or any fireworks related Code provisions will not be eligible for a fireworks sales permit the following year. SECTION 3511. APPROVAL OF LOCATION OF SALES STANDS. Prior to the installation of any stand for which a permit has been requested, the Chief of Police shall have the authority to disapprove the location if, in his opinion, a traffic hazard will be created; the Fire Chief shall have the authority to disapprove the location if, in his opinion, a fire hazard will be created; and the City Planner shall have the authority to disapprove the location if it is in conflict with the zoning provisions of this Code. (a) A minimum distance of five hundred feet (500’) shall be required between stands. No more than two (2) stands shall be permitted on any single parcel of property, with a separation of five hundred feet (500’). Such distance requirements may be waived if the stands are located on opposite sides of major arterial highways. SECTION 3512. OPERATION OF SALES STANDS. It shall be unlawful for any person or group to operate a fireworks stand without complying with all of the following: (a) No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand. (b) No person other than the individuals who are adult members of the permittee organization, or the spouses or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stands. In the event a permit is issued to an organization whose members are physically incapable of carrying on the sales activities, such activities may be performed by volunteers approved by the Fire Chief. (c) No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stands, except the hiring of a night watchman. (d) Fireworks may be sold at approved stands only. (e) No person shall be allowed in the interior of the stands, except those directly employed in the sales of fireworks or those conducting bona fide business within. ORDINANCE NO: 11- Formatted: Font: Bold PAGE THIRTY-TWO Formatted: Indent: First line: 0 pt Formatted: Font: Bold (f) All persons engaged in the selling of fireworks shall be age eighteen (18) years or older. (g) Each stand shall have an adult watchman in attendance and in charge thereof when the stand is not being used for the sale and dispensing of fireworks. No person shall be permitted within the stand from 10:00 p.m. to 10:00 a.m., except on July 4 when the stand may be occupied until 12:00 midnight. (h) The sale of fireworks shall only be allowed between the hours of 12:00 noon and 10:00 stndrd p.m. on July 1 and July 2, 10:00 a.m. and 10:00 p.m. on July 3, and 8:00 a.m. and th 8:00 p.m. on July 4. (i) All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. th on July 5. (j) No fireworks shall be sold to any person under the age of eighteen (18) years. SECTION 3513. GENERAL REQUIREMENTS FOR FIREWORKS STANDS. It shall be unlawful for any person to sell or otherwise distribute fireworks without complying with all of the following provisions: (a) All stands will be inspected by the Fire Department and/or the Building Department and found to meet the adopted Codes of the City of Downey before any sales transactions may occur. (b) All stands shall be erected according to the provisions of all applicable City Codes and laws, except for fire resistive structural requirements which may be waived by the Building Official. (c) If, in the judgment of the Fire Chief or the Building Official, the construction of the stands or the conduct of the operations therein do not conform to the provisions of this chapter or there exists an immediate hazard to the public health and safety, such officers, or either of them, may order the stands immediately closed. (d) The front of the fireworks stands shall be completely enclosed from the counter to the roof with hardware wire cloth, the openings of which shall not exceed one-fourth inch (1/4”) in size, except for openings to permit the delivery of merchandise to the prospective customer, which openings shall not be larger than twelve inches (12”) by eighteen inches (18”) in size. (e) All merchandise shall be stored or displayed at a distance of not less than one foot (1’) from the front and side walls of the stands. (f) Approval shall be obtained from the Department of Building and Safety for each stand prior to its construction. Portable electrical supply will require special approvals. (g) No stand shall be constructed which has a depth of more than twelve feet (12’). (h) Each stand up to thirty feet (30’) in length shall have at least two (2) exits, and each stand in excess of thirty feet (30’) in length shall have at least three (3) exits spaced approximately equi-distance apart; provided, however, in no case shall the distance between exits exceed twenty-four feet (24’). ORDINANCE NO: 11- Formatted: Font: Bold PAGE THIRTY-THREE Formatted: Indent: First line: 0 pt Formatted: Font: Bold (i) Exit doors shall swing in the direction of egress and shall comply with subsection (c) and (d) of Section 3303 of the Building Code of the City. (j) Exits shall be so arranged that there will be egress available in at least two (2) directions from any place within the stands, and exits shall be located at opposite ends of the stands. (k) All stands shall be equipped with two (2) water pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire. (l) No stand shall be placed closer than ten feet (10’) to a public way, unless permission is first obtained from the Public Works Department. (m) No stand shall be placed closer than twenty feet (20’) to a side or rear property line, nor closer than thirty feet (30’) to any other building or structure, nor closer than one hundred feet (100’) to a gasoline service station or other occupancy which stores or uses flammable liquids. (n) All weeds and combustible material shall be cleared from the location of the stand for a distance of at least twenty feet (20’) surrounding the stand. th (o) Fireworks stands shall not be erected prior to June 24 and shall be removed from the th location by 12:00 noon on July 11, and all accompanying litter shall be cleared from such location by such time and date. (p) “No smoking” signs shall be prominently displayed on the exterior or each stand, and no smoking shall be permitted within ten feet (10’) of any stand. (q) Licenses to sell fireworks and temporary sales tax permits shall be displayed in a prominent place in the fireworks stand. (r) Approved rubbish containers in accordance with City standards shall be provided at each stand location. SECTION 3515. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. Storage of explosive materials is prohibited within the limits established in this Section, as the limits of districts in which such storage is prohibited. In districts where the storage of explosive materials is permitted the quantities of explosives and distances shall be in accordance with 2009 International Fire Code Sections 3301.8.1 and 3301.8.1.1. The storage of explosives and blasting agents is prohibited in the following areas: In zones as shown on City of Downey house numbering maps as C-1, C-2, C-3, CP, HM, R-1, R-2 and R-3.” SECTION 6. Chapter 6 of Article III of the Downey Municipal Code is hereby amended and restated in its entirety to read as follows: ORDINANCE NO: 11- Formatted: Font: Bold PAGE THIRTY-FOUR Formatted: Indent: First line: 0 pt Formatted: Font: Bold Chapter 6–WATER MAINS: FIRE HYDRANTS SECTION 3600 WATER MAINS: FIRE HYDRANTS SECTION 3610 HYDRANT PLACEMENT SECTION 3600. WATER MAINS: FIRE HYDRANTS. Any water main installed within the City after the effective date of this Section shall be of a kind, type, and design approved by the City Engineer, the Chief of the Fire Department, and the Water Superintendent and shall be at least six-inch (6”) mains, unless, in the opinion of said City officers, a four-inch (4”) main or line will be sufficient by reason of special or peculiar circumstances, particularly applicable to the area to be serviced by such main and not generally applicable. In the event any fire hydrants are installed as a part of the installation of such main, a shut-off valve shall be installed between any such fire hydrant and the main supplying water thereto. Necessary details of the proposed construction as required by the City Engineer and the Water Superintendent shall be submitted to the City Engineer and the Water Superintendent prior to any work done on the installation of such main. SECTION 3610. HYDRANT PLACEMENT The City of Downey requires that a fire hydrant be placed within 50 feet of a Fire Department Connection (FDC). When there are existing hydrants near the placement of the FDC, the Fire Chief or his designated fire code official will have the discretion to approve or deny the proposed configuration. 1. Hydrant Spacing will be: a. 300 feet for industrial, commercial, high density or multi-unit residential areas. 180 feet is the maximum distance from any point on street or frontage to a hydrant. b. 500 feet for single family, duplex, triplex residential units. 250 feet is the maximum distance from any point on street or frontage to a hydrant. 2. Hydrants located on the opposite side of streets over 80 feet in width shall not be used to satisfy the requirements for hydrant spacing. 3. Additional public hydrants may be required depending upon required fire flows, street width, tactical considerations as determined by the Fire Chief, center dividers or other physical barriers, existing or anticipated traffic volume. 4. Private fire mains and hydrants shall be reviewed by the Downey Fire Department and shall require a Downey Fire Permit for installation. Private mains and hydrants shall be in accordance with public standards and NFPA 24. 5. Double Detector Check Valve Assembly as required by the City of Downey Public Works Department shall be placed in an area approved by the Fire chief and shielded from view by landscaping approved by the Downey Fire Department. It shall be painted a neutral color. 6. Double Detector Check Valve Assembly to be protected by a minimum of (2) 4 inch concrete filled steel tubes set in compacted soil 4 feet deep x 12 inch round rising 36 inches to 48 inches above finish grade. ORDINANCE NO: 11- Formatted: Font: Bold PAGE THIRTY-FIVE Formatted: Indent: First line: 0 pt Formatted: Font: Bold SECTION 7 . Prior Ordinances Repealed. Upon the effective date of this Ordinance, all former Ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance of the codes herein adopted by reference including, but not limited to, Ordinance Nos. 1460, 1585, 1586, 04-1907, and 05-1921 and any other Ordinance in conflict herewith are hereby repealed and declared to be of no further force and effect. SECTION 8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, phrase of any part thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, phrases or parts thereof be declared unconstitutional, invalid, or ineffective. SECTION 9 . CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The City Council hereby directs City staff to file a Notice of Exemption with the Clerk of Los Angeles County within five (5) days of the adoption of this Ordinance. SECTION 10. Certification/Summary. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original Ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local weekly newspaper of general circulation and which is hereby designated for that purpose. Alternatively, the City Clerk may cause a summary of this Ordinance to be prepared by the City Attorney and published as provided by California Government Code § 36933 (c)(1). The summary shall be published in a local weekly newspaper of general circulation and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall cause a summary to be published in a local weekly newspaper of general circulation with the names of those City Council members voting for and against this Ordinance and shall post in the Office of the City Clerk a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance. SECTION 11. Effective Date. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code section 36937. ORDINANCE NO: 11- Formatted: Font: Bold PAGE THIRTY-SIX Formatted: Indent: First line: 0 pt Formatted: Font: Bold APPROVED and ADOPTED this _____ day of ____________, 2011. Luis H. Marquez, Mayor ATTEST: _______ Joyce Doyle, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF DOWNEY ) I HEREBY CERTIFY that the foregoing Ordinance No. 11-______ was adopted at a regular meeting of the City Council of the City of Downey held on the ___ day of _______,2011, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 11-_______ was published in the Press-Telegram, a newspaper of general circulation in the City of Downey, on ________, 2011 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. _________________________ Joyce Doyle, Interim City Clerk Formatted: Indent: First line: 0 pt ORDINANCE NO: 11- Formatted: Font: Bold PAGE THIRTY-SEVEN Formatted: Font: Bold ûèèûùôï÷îè û Formatted: Font: Bold ORDINANCE NO: 11- Formatted: Indent: First line: 0 pt PAGE THIRTY-EIGHT Formatted: Font: Bold ûèèûùôï÷îè ú ORDINANCE NO: 11- Formatted: Font: Bold PAGE THIRTY-NINE Formatted: Indent: First line: 0 pt ûèèûùôï÷îè ù