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ORDINANCE 1413ORDINANCE NO. 1413 AN ORDINANCE ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA FIRE CODE, 2006 EDITION OF THE INTERNATIONAL FIRE CODE, AND AMENDING THESE CODES THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY. The Council of the city of El Segundo does ordain as follows: SECTION 1: FINDINGS. The City Council finds that certain local climatic, geological, or topographical conditions exist as follows: A. Climatic - The City experiences periods of extremely high temperatures accompanied by low humidity and high winds each year. These conditions could create an environment in which the Fire Department may be unable to control fires occurring in vegetation as well as structures not having built in fire protection. B. Geological - The City is located in a seismically active area. A significant earthquake could render the Fire Department incapable of providing adequate fire protection. In that instance, built -in fire protection would be relied upon for controlling most structural fires. C. After due consideration, the City Council finds and determines that due to these local climatic, geological, or topographical conditions that amendments, additions, and deletions to the California Fire Code, 2007 Edition, are reasonably necessary to provide sufficient and effective levels of fire safety for the protection of life, health and property. Specifically, these amendments are made as follows: 1. CFC § 901.4.1.1 — 910.1. Provides a means of ensuring that fire protection systems are installed and maintained in a manner that will provide adequate protection during periods of low humidity and Page 1 of 23 high winds, potential seismic activity, or in areas of restricted access present in the City. 2. CFC § 915.1 - 915.8.2.6. Requires the installation of fire protection and life safety equipment in new mid -rise buildings /structures that increase the fire and life safety of the structures /buildings in order to provide adequate fire protection during periods of low humidity and high winds, potential seismic activity, or in areas of restricted access present in the City. 3. CFC § 3301.1.3 and 3309. Prohibits the general use of fireworks, including "Safe and Sane" fireworks and authorizes the fire code official to confiscate fireworks in order to reduce the danger from fire during periods of low humidity and high winds, potential seismic activity, or in areas of restricted access present in the City. 3. CFC Appendix B § B105.2. Reduces the available fire flow reduction to 50 percent to increase site available fire flow to provide adequate fire protection and life safety during periods of low humidity and high winds, - potential seismic activity, or in areas of restricted access present in the City. SECTION 2: Chapter 10 to Title 13 of the El Segundo Municipal Code ( "ESMC ") is amended in its entirety to read as follows: "CHAPTER 10 13 -10 -2: FIRE CODE A. SECTIONS: 13 -10 -1: ADOPTION OF CODES. 13 -10 -2: AMENDMENTS, ADDITIONS, AND DELETIONS. 13 -10 -3: ADDING SECTION 915 TO THE CFC. 13 -10 -4: GEOGRAPHICAL LIMITS. 13 -10 -1: ADOPTION OF CODES. Page 2 of 23 appellant prevail in a decision by the Board. The appeal must be taken by filing a written notice of appeal, in letterform, to the Board of Appeals. The Board's decision constitutes the City's final decision. Appendix Chapter 1 § 106.5 Inspection Requests. It is the duty of the person doing the work authorized by a permit to notify the fire code official that such work is ready for inspection. Every request for inspection must be filed not less than two working days before such inspection is desired. Such request may be in writing or by telephone. Appendix Chapter 1 § 104.11.4 Financial Responsibility. Any person who personally, or through another, willfully, negligently, or in violation of law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by him /her to escape from his /her control, allows any hazardous material to be handled, stored, disposed of, or transported in a manner not in accordance with this Code, State law or nationally recognized Standards, allows any hazardous material to escape from his /her control, allows continuation of a violation of this Code is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense will be a charge against that person. Appendix Chapter 1 § 104.10 Investigations. The Fire Department is authorized to promptly investigate the cause, origin and circumstances of each and every fire, explosion, unauthorized release of hazardous materials, or any other hazardous condition within the City. If it appears to the bureau of investigation that such fire is suspicious in origin, it is authorized to take immediate charge of all physical evidence relating to the cause of fire and to pursue investigation to its conclusion. Appendix Chapter 1 104.10.1 Assistance from other agencies. The Police Department and other public agencies are authorized to assist the Fire Department in its investigations when requested to do so. Appendix Chapter 1 § 104.10.2 Technical assistance. When there is a fire, explosion, hazardous materials incident or other potential life or serious property Page 4 of 23 § 1404.8 Fire retardant plastic sheeting and tarpaulins. Fire retardant tarpaulins and sheeting must be used to barricade construction areas from occupied building spaces and to provide floor or wall protection in occupied buildings. § 2201.7 Class IIIB fuels. Where in this Chapter there is a requirement or restriction for Class IIIA fuels, the same requirement or restriction applies to Class IIIB fuels. § 2306.2 Table 2306.2, Footnote `j' is amended to read as follows: j. Smoke and heat removal must be accomplished by mechanical ventilation in accordance with Section 910.4 when storage areas are protected by early suppression fast response (ESFR) sprinkler systems installed in accordance with NFPA 13. § 3301.1.3 Fireworks. The manufacturing, possession, storage sale, use and handling of fireworks, including without limitation, "Safe and Sane" fireworks, is prohibited Exceptions: 1. Storage of fireworks in accordance with the requirements for low order explosives in Title 19, California Code of Regulations, Chapter 10. 2. Storage of fireworks, 1 AG in accordance with the Building Code. 3. Use and handling of fireworks for professional display in accordance with Title 19, California Code of Regulations, Chapter 6. § 3309 Seizure of Fireworks. The fire code official has the authority to seize, take and remove fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19, California Code of Regulations, Chapter 6 and California Health and Safety Code, Chapter 9. Page 11 of 23 3. Elevator(s) assigned for fire department use; 4. Electrically driven fire pumps (if provided); 5. Smoke control systems; 6. Stairwell pressurization; 7. Lighting circuits supplying all elevator cabs, elevator lobbies, generator room, fire pump room, and other areas designated by the fire code official. § 915.6.3 Fuel Supplies. On -site fuel supplies for prime movers of a standby power generator must be sufficient for at least 48 hours at the generator's listed full load. Where fuel supplies require automatic transfer into a primary tank from a secondary fuel storage tank, the fuel transfer system must be provided with redundant fuel pumps to insure reliability. The fuel supply tank provided must be capable of storing at least 200% of the calculated amount of fuel needed. § 915.7 Emergency Electrical System § 915.7.1 General. Electrical systems and equipment specified in Section 915.6 are classed as emergency systems and must be installed in accordance with this code, nationally recognized standards, and policies of the fire code official. Such systems must operate within 10 seconds of failure to normal power supply. Such emergency power supply may be separate from the standby power required for fire pumps and elevators assigned for fire department use. § 915.7.2 Emergency Systems. The following are classed as emergency systems: 1. Exit signs and exit path illumination: 2. Fire alarm system: 3. Fire Detection system: 4. Sprinkler alarm system: 5. Elevator cab lighting. § 915.8 Means of Egress Page 17 of 23 1. The storage of flammable cryogenic fluids in stationary containers is allowed in an M -1, MM, and MU -N Zone with a Conditional Use Permit issued by the Planning Department. 2. The storage of flammable cryogenic fluids in stationary containers is allowed in the M -2 Zone. Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited. The limits referred to in Sections 3404.2.9.5.1 and 3406.2.4.4 in which the storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is restricted are established as the City of El Segundo's corporate boundaries. Exceptions: Such use is allowed in the following zoning districts: 1. The storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is allowed in M -1 and M -2, Zones; 2. The storage of Class II combustible liquids in aboveground tanks outside of buildings is allowed in C -0, MM, MU -N, MU -S or P -F Zones; Establishment of limits of districts in which storage of liquefied petroleum gases is to be restricted. The limits referred to in Section 3804.2, in which storage of liquefied petroleum gas in excess of an aggregate of 2,000 gallons water capacity is restricted are established as the City of El Segundo's corporate boundaries. Exceptions: 1. The storage of liquefied petroleum gas in excess of an aggregate of 2,000 gallons water capacity is allowed in the M -2 Zone, when located at least one -half (1/2) mile from property zoned or designated for residential use and at least one -half (1/2) mile from existing residential development with a Page 20 of 23 density greater than one (1) dwelling unit per acre and at least one -half (1/2) mile from any hotel or motel. 2. The storage of liquefied petroleum gas in excess of an aggregate of 2,000 gallons water capacity is allowed in M -1 Zone with a Conditional Use Permit issued by the Planning Department. SECTION 4: CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION. The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines ") because it consists only of minor revisions and clarifications to an existing code of construction - related regulations and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor. This ordinance, therefore, is an action being taken for enhanced protection of the environment and that does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15301 as a minor alteration of existing public or private structures involving no expansion of use; 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. SECTION 5: SAVINGS CLAUSE. Repeal of any provision of the ESMC or any other city ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. Page 21 of 23 SECTION 6: SEVERABILITY. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 7: VALIDITY OF PREVIOUS CODE SECTIONS. If this the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other the city ordinance by this Ordinance will be rendered void and cause such ESMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 8: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 9: This Ordinance will become effective on January 1, 2008. PASSED AND ADOPTED this 7th day of November , 2007. Kelly Mc Do ell, 2yor Page 22 of 23 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1413 was duly introduced by said City Council at a regular meeting held on the 16th day of October , 2007, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 7th day of November 2007, and the same was so passed and adopted by the following vote: AYES: McDowell, Busch, Fisher, Jacobson NOES: None ABSENT: Boulgarides ABSTAIN: None &A Cindy Mortesen, City Clerk APPROVED TQ M: Mark D. H sle /�� rl By: ; Karl H. Berger �% Assistant City, , rney PAPlanning & Building Safety\ Building \Code Adoption\2007 Codes \CC 11- 07- 07\2007.11.07.ESMC Fire Code Ord 1413.doc Page 23 of 23