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Home My WebLink About01. Adopt Ordinance - 2019 Fire CodeItem Ro. APPROVED BY TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCI FROM: OFFICE OF BY: MARK GILLASPIE, FIRE CHIEF DATE: 2020 i , •- it r !• •r That the City Council adopt the following Ordinance • •; • r •r • .• • 12ffl-:T*1nTk IF, Every three years California Code of Regulations, Title 24, also referred to as the California Building Standards Code, makes changes to its regulations. The California Fire Code is included as part of Title 24. These building regulations or standards, have the same force of law, and take effect 180 days after their publication unless otherwise stipulated. Local jurisdictions may establish more restrictive building standards because of local climatic, geological, or topographical conditions. The proposed action will adopt all sections of the 2019 California Fire Code (CFC). Minor changes are proposed to be consistent with the most current Downey Fire Code. The local amendments to the technical provisions of the CFC proposed for adoption are summarized and briefly discussed below: FIRE CODE INTRODUCTION NOVEMBER 20, 2019 SECTIONS 3300-3313 These sections are related to administrative procedures, adoption of Appendices in the 2018 Uniform Fire Code, establishment of jurisdictional authority, permitting issue and policies for television/motion picture production in the City of Downey are also in these sections. The primary changes are as follows: • Adoption of Appendices to the 2018 Uniform Fire Code. Appendices K and N have been changed and Appendices M was added. • Eliminated — Section 3309 requiring the submittal of electronic plans. Submittal of Electronic plans will be required in another location within the Downey Municipal Code. SECTIONS 3314-3319 Local amendments in the above sections define the method of determining the value of proposed improvement(s) to an existing building and the requirement(s) for the installation of Automatic Fire Alarm and Extinguishing Systems in various occupancy classifications. There are no changes to these sections. SECTIONS 3320-3328 These amendments are intended to remedy service delivery difficulties directly attributable to design and construction short -falls. Adequate emergency vehicle access, elevators sized for emergency transportation and effective fire protection features in buildings under construction are cost effective strategies to reduce risk. The primary changes are as follows: Correction — A correction was made in DMC 3327 (a) Section D101.1 of Appendix D is hereby amended to by adding thereto Section 101.1.1 to read as follows: D101.1.1 Identification of Fire Lanes SECTION 3329 This section refers to the requirement for in building communications systems. The primary changes are as follows: • Changed — 511.1 Number 1. The minimum signal strength of -95 dbm available in 90 percent of the area of floor • Changed — 511.1 Number 2. The 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. • Removed — Sections 511.2, 511.3 (1, 2, 3 and 4), have been removed. These sections are now addressed in the 2019 California Fire Code. • Removed — Section 511.4 Field Testing. This Section is now addressed in the 2019 California Fire Code. • Changed — Section 511.2 now addresses Testing Requirements. • Changed — Section 511.3 now addresses exemptions. N FIRE CODE INTRODUCTION NOVEMBER 20, 2019 SECTIONS 3330-3331 & 3404-3411 These sections refer to the regulation of fixed facilities in relation to the disclosure of hazardous materials on site. There are no changes to these sections. SECTIONS 3500-3516 These sections reference sales, application, permits, displaying, use, misuse, and storage of fireworks. There are no changes to these sections. SECTION 3600-3610 These sections reference specific hydrant spacing and placement and protection of all fire protection systems. There are no changes to these sections. The specifics of the proposed local amendments to the CFC are contained in the draft ordinances attached to this agenda memo. Upon adoption of these ordinances, this text will be included in the Downey Municipal Code. Copies of the codes to be adopted by reference are on file with the City Clerk's Office. Fiscal Responsibility Economic Vibrancy Efficiency & Adaptability Quality of Life, Neighborhood & Infrastructure Public Engagement Approval of this Ordinance will not have an impact on the City's budget. ATTACHMENTS Attachment A: Ordinance 3 \f •i i i i i i i i • i r i i i i> i •i f i :'• i 'ir• i` `ii , WHEREAS, pursuant to California Government Code Section 50022.1 et seq. the City of Downey ("City") may adopt by reference the 2019 California Fire Code, based on the International Fire Code, 2018 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 2019 California Fire Code, based on the International Fire Code, 2018 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, 2018 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 2019 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 January 14, 2020 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 January 16,2020 and January 23, 2020; and 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 January 1, 2020 implies A 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 • • SECTION 1. Findings. The City Council hereby finds that the proposed amendments to the 2019 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 2019 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 2019 California Fire Code made 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- 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 -3- 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 foreseeable future. The City is a densely populated area that has buildings 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. IV. The findings above are applicable to the Amendments to the 2019 California Fire Code as follows: CFC Section Subject Findings Amended I, II, III 4801.2 4801.2.1 4803.1 Motion picture and television production 4803.4 4807.2 105.1, 105.1.1 105.1.1.1, 105.2, 105.2.5, 105, Administrative — Permits and permit fees I, 11, III 105.4.1, 105.4.1.1 105.4.7 105.6.32, 105.6.32.1, 103.1 Administrative — Enforcement authority 108 Administrative — Appeals I, II, III 202 Definitions I, II, III 907.1, 907.2, Fire alarms required IC, IIB, III 903.2, 903.2.8 Automatic fire extinguishing systems IC, IIB, III 503.4 Alley maintenance IA, II 320 Vehicles creating hazards II 2411 Flammable or combustible coatings IC D101.1, D103.4, D 103.6, add D103.7 and Identification of fire lanes II D103.8 to Appendix D Add 3318 Fire safety during construction of wood frame buildings I, IIB Add 511 Requirement for in -building communication system 11, 11113 3400 Hazardous Materials Code Adoption I, 11, 3401 i 3401.1 Responsibility for Implementing the Hazardous Materials Code IC, IIB, - 5 - CFC Section Subject Findings Amended I, II, III 3404 Disclosure of a Hazardous Material Information IC, IIB, 3405 Hazardous Materials Information Management and Record IC IIB Releases 3409 On -Site Utilization of Safety Data Sheets and Occupancy Floor IC IIB Plans 3410 Hazardous Materials - Fees and Penalties IC, IIB, California Health and Safety Code Sections 12500 - Fireworks - Adoption of Health and Safety Code 12726 California Health and Safety Code Fireworks - Definitions Sections 12500 - 12534 3502, 3503, 3504, 3505, 3506, 3507, 3508, 3509, Fireworks Use and Sales 3510, 3511, 3512, 3513, 3516 3600, 3610 Water Mains and Fire Hydrants IB "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: 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 RESERVED SECTION 3312 ENFORCEMENT AUTHORITY SECTION 3313 RESERVED 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 IN COMMERCIAL OCCUPANCIES SECTION 3318 RESERVED. SECTION 3319 REQUIREMENTS FOR THE INSTALLATION OF AUTOMATIC FIRE EXTINGUISHING SYSTEMS IN RESIDENTIAL OCCUPANCIES SECTION 3320 FIRE LIFE SAFETY PROVISIONS FOR HIGHRISE BUILDINGS, CAMPUS FACILTIES AND SPECIAL STRUCTURES SECTION 3321 RESERVED SECTION 3322 ALLEY MAINTENANCE SECTION 3323 RESERVED 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 2019 California Fire Code (California Code of Regulations, Title 24, Part 9), based on the International Fire Code, 2018 Edition published by the International Code Council and the Building Standards Commission with the errata, and the whole International Fire Code, 2018 Edition, including Appendices A, B, C, D, E, F, G, H, I, J, K, L, M, N 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 City Clerk for public inspection and is adopted with the same force and effect as though set out herein in full. SECTION 3301. ADOPTED APPENDICES. The following appendices, based on the 2018 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; -7- 8. Appendix H, Hazardous Materials Management Plans and Hazardous Materials Inventory Statements; 9. Appendix I, Fire Protection Systems -Non -Compliant Conditions; 10. Appendix J, Building Information Sign; 11. Appendix K, Construction Requirements for Existing Ambulatory Care Facilities; 12. Appendix L, Requirement for Firefighter Replenishment Systems; 13. Appendix M, High Rise Buildings — Retroactive Automatic Sprinkler Requirements; 14. Appendix N, Indoor Trade Shows and Exhibitions; The California Fire Code 2019 Edition, the International Fire Code 2018 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 4801.2 of the California Fire Code is hereby amended by adding thereto Section 4801.2.1 to read as follows: 4801.2.1 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 4803.1 of the California Fire Code is hereby amended by adding thereto Section 4803.4 to read as follows: 4803.4 Permit Required. Prior to commencement of any film and/or production activities, an operations permit for these activities shall be first obtained from the City of Downey. SECTION 3304. SUBSTITUTION OF TEMPORARY FIRE/LIFE SAFETY SERVICES FOR COMMERCIAL ACTIVITIES. Section 4807 of the California Fire Code is hereby amended by adding thereto Section 4807.2 to read as follows: 4807.2 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 Section 105.1 of Chapter 1 Division II of the 2019 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 accompanied by 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 2019 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: 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 105.4 of Chapter 1 Division II of the 2019 California Fire Code is hereby amended by adding thereto Section 105.4.7 to read as follows: 105.4.7 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 2019 California Fire Code. SECTION 3308. PLAN CHECK/FIELD INSPECTION FEES. Section 105.2 of Chapter 1 Division II of the 2019 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 2019 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 G. Fixed extinguishing system H. High Piled Storage 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 Flashdrive. 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 105.6.32 of Chapter 1 Division II of the 2019 California Fire Code is amended by deleting the Exception regarding recreational fires and adding thereto Section 105.6.32.1 to read as follows: 105.6.32.1 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, Downey between the hours of 7:30 a.m. and 5:30 p.m. 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 (1) year. 4. Fires shall be contained within a fire ring, pit, or similar device constructed for such use. 5. Fires are not permitted before 7:00 a.m. on any day of the week. Fires are not permitted after 10:00 p.m. Sunday through Thursday, or after 12 midnight on Friday and Saturday. 6. Written notification from adjoining property owners must 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. % 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/HER DESIGNEE MAY ORDER ANY FIRE EXTINGUISHED AND/OR REVOKE THE PERMIT WHEN ATMOSPHERIC CONDITIONS OR LOCAL CIRCUMSTANCES MAKE THE FIRE HAZARDOUS OR UNDESIRABLE. SECTION 3312. ENFORCEMENT AUTHORITY. Section 103.1 of Chapter 1 Division II of the 2019 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 Fire Department. The function of the Department shall be the implementation, administration and enforcement of the provisions of the code. -10- • ki Wici IK- a, 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 2019 California Fire Code is hereby amended by adding the following defined terms: Authoritv Havinq 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 Section 907.1 and 907.2 of the 2019 California Fire Code are hereby amended by adding thereto language to read as follows: Existing buildings and structures shall be equipped with an approved Automatic Fire Alarm and Detection System in accordance with 2019 California Fire Code and NFPA 72 throughout when; Such buildings and structures would require installation of a fire alarm and detection system in accordance with 2019 California Fire Code as "new buildings and structures". And, alterations and/or additions to such building(s) done during a three year period exceed fifty (50%) of the value of said building(s) current valuation as determined by the Building Official or Fire Chief. Exception: Signs, landscape, and parking lot improvements shall be exempt from such valuation. SECTION 3317. REQUIREMENTS FOR THE INSTALLATION OF AUTOMATIC FIRE EXTINGUISHING SYSTEMS IN COMMERCIAL OCCUPANCIES. Section 903.2 of the 2019 California Fire Code is hereby amended by adding language thereto to read as follows: Existing buildings and structures shall be equipped with an approved automatic sprinkler system in accordance with 2019 California Fire Code and NFPA 13 throughout when: Such buildings and structures would require installation of an automatic sprinkler system in accordance with 2019 California Fire Code as "new buildings and structures"; and Alterations and/or additions to such building(s) done during a three year period exceed fifty (50%) of the value of said building(s) current valuation as determined by the Building Official or Fire Chief. Signs, landscape, and parking lot improvements shall be exempt from such valuation. SECTION 3318. RESERVED. -11- SECTION 3319. REQUIREMENTS FOR THE INSTALLATION OF AUTOMATIC FIRE EXTINGUISHING SYSTEMS IN RESIDENTIAL OCCUPANCIES. Section 903.2.8 of the 2019 California Fire Code is hereby amended by adding thereto language to read as follows: Existing buildings, which after completion of major additions will exceed five thousand (5,000) square feet of floor area, shall be provided with an approved Automatic Fire Extinguishing System throughout. Existing building(s) exceeding five thousand (5,000) 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 fifty percent (50%) of the value of said building(s) as determined by the Building Official or Fire Chief. Signs, landscape, and driveway improvements shall be exempt from such valuation. SECTION 3320. FIRE LIFE SAFETY PROVISIONS FOR HIGHRISE BUILDINGS, CAMPUS FACILITIES, AND SPECIAL STRUCTURES. Section 202, "HIGH-RISE BUILDING" of the 2019 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 3322. ALLEY MAINTENANCE. Section 503.4 of the 2019 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 3324. VEHICLE CREATING HAZARD. Section 320 is hereby added to Chapter 3 of the 2019 California Fire Code to read as follows: SECTION 320 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 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 -12- Owner of the vehicle and Notice of the removal shall be given to the Registered Owner as soon as feasible. SECTION 3325. FLAMMABLE OR COMBUSTIBLE COATINGS. Section 2411 is hereby added to Chapter 24 of the California Fire Code to read as follows: SECTION 2411 FLAMMABLE AND COMBUSTIBLE COATINGS 2411.1 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. 2411.2 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 2019 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.", unless otherwise dictated by the Fire Chief. C. Section D103.6 is hereby amended to read as follows: 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. -13- c. Sign shall read as follows: NO PARKING A - Located in top half of sign FIRE -- - Located in lower half of sign LANE - Located below FIRE LANE +� Red border — 1" width CVC 22500.1i 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. A. 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. 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 3318 is hereby added to Chapter 33 of the 2019 California Fire Code to read as follows: SECTION 3318 REQUIREMENTS FOR FIRE SAFETY DURING CONSTRUCTION OF CERTAIN WOOD FRAME BUILDINGS -14- 3318.1 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. 3318.2 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. Buildina 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 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 33 of - 15 - the 2016 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 35 of the 2016 California Fire Code, as adopted in this code. Lame wood frame building prolect. "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. Maior wood frame buildino oroiect. "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. 3318.3 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. -16- 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. 3318.4 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 33 of the 2019 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; 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. 3318.5 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 3310 of the 2019 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. 3318.6 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. -17- SECTION 3329. REQUIREMENT FOR IN BUILDING COMMUNICATION SYSTEM. Section 511 is hereby added to Chapter 5 of the 2019 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: 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; 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 UHF and VHF 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 -18- 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 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. 511.4 Field 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 3332. RESERVED. SECTION 4. Chapter 4 of Article III of the Downey Municipal Code is hereby amended and restated in its entirety to read as follows: SECTION 3400 HAZARDOUS MATERIALS CODE: ADOPTION -19- SECTION 3401 RESPONSIBILITY FOR IMPLEMENTING THE HAZARDOUS MATERIALS CODE SECTION 3401.1 ADMINISTERING AGENCY SECTION 3402 RESERVED SECTION 3403 RESERVED SECTION 3404 DISCLOSURE OF A HAZARDOUS MATERIAL INFORMATION SECTION 3405 HAZARDOUS MATERIALS INFORMATION MANAGEMENT AND RECORD RELEASES SECTION 3406 RESERVED SECTION 3407 RESERVED SECTION 3408 RESERVED SECTION 3409 ON -SITE UTILIZATION OF SAFETY DATA SHEETS (SDS) 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 the handling, use, or storage of hazardous materials or from the 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 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. The City of Downey Fire Department shall be designated the City's administering agency, responsible for administering and enforcing provisions of this code. -20- • r • i' -�i nil -,Vlif •`li Any business, which is permitted under a Los Angeles County Certified Unified Program Facility Permit (also referred to as a "Consolidated Permit"), to handle hazardous materials, must annually by March 1st, electronically certify, or submit updated hazardous materials inventory and contingency plan information via the statewide information management system (also known as California Environmental Reporting System(CERS)). SECTION 3405 HAZARDOUS MATERIALS INFORMATION MANAGEMENT AND RECORI RELEASES (a) Hazardous Materials Business Plan information shall be electronically maintained on the web -based California Environmental Reporting System (CERS). The management and maintenance of CERS is the responsibility of the California Environmental Protection Agency (Cal/EPA). It will be the responsibility of the Downey Fire Department to maintain access to CERS for mandated regulatory activities. (b) Under the Emergency Planning & Community Right -to -Know Act (EPCRA) [42 U.S.C. Sec. 11001 et seq.] the citizens of Downey, and the public at -large, have the right to know the chemical hazardous present in their community. Downey Fire Department is authorized to release information to help local communities protect public health, safety, and the environment from chemical hazards. Downey Fire's information release shall comply with the requirements set forth in the California Public Records Act [Government Code Section 6250 et seq]; Chapter 6.95 of the California Health and Safety Code Section 25512 et seq; and Title 27 of the California Code of Regulations. (c) The Fire Department shall asses an administrative fee for processing and reprographic services related to the records request. (d) 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. When required by the Fire Chief, any handler of hazardous materials, may be required to install an approved key box for storage of emergency planning documents including but not limited to SDS, floor plans, site plans, fire safety plans, emergency plans,; with corresponding digital -21- copies of each maintained on an approved format (e.g. USB,USB-C, etc.) for use by emergency responders. The location of the required key box shall be approved by the Fire Chief. 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 actual 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 actual costs, including duplication and administration costs, to the City of Downey, of responding to a request from the public for access to Hazardous Materials Business Plans, to be paid by persons requesting access; (c) A schedule of penalties to be assessed for the late filing of any disclosure form. (d) In order to protect public health, safety, and welfare from chemical hazards; and to ensure compliance with sections contained herein this code, Downey Fire may impose additional penalties by way of a non -judicial administrative citation for offenses of this code. These administrative citations shall be in accordance with Article 1, Chapter 4 of the Downey Municipal Code. 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 RESERVED SECTION 3508 APPLICATIONS FOR AND AWARD OF SALES PERMITS 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 -22- 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 pyrotechnic operators 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 of 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. (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. 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. RESERVED. 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. - 23 - 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 later than October 1st of the year preceding the July 4th holiday to which the sales are to occur. (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 filed with the Fire Department as part of the fireworks sale stand permit application package by no later than October 1st of the year preceding the July 4th holiday to which the sales are to occur. 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. (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 November to select the fireworks stand permittees from the group of permit applications. Permit applicants must be present at the time and place of the lottery drawing. All qualified groups will have an equal opportunity. Failure of applicant(s) to attend the lottery meeting will result in the denial of their sales permit application. (c) Previous applicants found in violation of the Downey Fire Code or any fireworks related code provisions will not be eligible for a firework sales permit the following year. -24- 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. (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 10:00 noon and 10:00 p.m. on July 1s' and July 2"d, 10:00 a.m. and 10:00 p.m. on July 3`d, and 8:00 a.m. and 8:00 p.m. on July 4cn (i) All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on July 51°'. Q) No fireworks shall be sold to any person under the age of eighteen (18) years. (k) No unsold stock may be relocated to, stored, or otherwise kept at a place of habitation. -25- 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 equal -distance apart; provided, however, in no case shall the distance between exits exceed twenty-four feet (24'). (i) Exit doors shall swing in the direction of egress. (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. (1) 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. -26- (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. (o) Fireworks stands shall not be erected prior to June 24th and shall be removed from the location by 12:00 noon on July 11th, 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 2018 International Fire Code Sections 5601.8.1 and 5601.8.1.1. 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: 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 one hundred fifty (150) feet of a Fire Department Connection (FDC). When there are existing hydrants near the placement of -27- 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. 150 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." 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. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. M. APPROVED AND ADOPTED this 11th day of February, 2020. BLANCA PACHECO, Mayor ATTEST: MARIA ALICIA DUARTE, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss: CITY OF DOWNEY ) HEREBY CERTIFY that the foregoing Ordinance No. 19- was introduced at a Adjourned Regular Meeting of the City Council of the City of Downey held on the 20th day of November, 2019, and adopted at a regular meeting of the City Council of the City of Downey held on the 14th day of January, 2020, 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. 19- , was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on , 2019, (after introduction), and on , 2020, (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. MARIA ALICIA DUARTE, CMC City Clerk -29- CITY OF DOWNEY DEPT. 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