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HomeMy WebLinkAbout2166 ORDINANCE NO. 2166 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORJ'\!lA, AMENDING ARTICLE Ill, OF THE ARCADIA MUNICIPAL CODE RELATING TO FIRE REGULATIONS AND ADOPTING BY REFERENCE THE 2001 EDITION OF THE CALIFORNIA FIRE CODE, INCLUDING ALL APPENDICES BASED ON THE 2000 EDITION OF THE UNIFORM FIRE CODE ADOPTED BY THE WESTERN FlRE CHIEF'S ASSOCIA TION THE CITY COUNCIL OF TI-IE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION I. Parts I through 9 of Article Ill, Chapter I of the Arcadia Municipal Codc are hercby deleted in their entirety. SECTION 2. A new Chaptcr 1, Parts 1 through 7 arc hereby added to Articlc III of the Arcadia Municipal Code to read as follows: ARTICLE III. PUBLIC SAFETY CHAPTER 1. FIRE DEPARTMENT PART 1. CREATION 3110. CREATION. There is created a City Fire Department and the position of Fire Chief as the department head thereof. PART 2. CALIFORNIA FIRE CODE DIVISION 1. ADOPTION 3121. CALIFORNIA FIRE CODE ADOPTION. With the exception of the deletions or additions hereinafter set forth, and subject to the amend- ments hereinafter specified, there is adopted by reference for the City of Arcadia the 200 \ 1 2166 Edition of the California Fire Code, including all Appendices based on the 2000 Edition of the Uniform Fire Code published by the Western Fire Chiefs Association, and shall constitute the Fire Codc of the City of Arcadia. One (I) copy of said codes are on file in the office of the City Clerk for LIse and exami- nation by the public. 3121.1. SAME. REFERENCE. It shall be suftlcient in any prosecution for the violation of any provisions of said Unilorm Fire Code to refer thereto as the California Fire Code, or to refer to any Article, Division or Section thereof. The term "Fire Code" whenever used in this Part shall refer to the California Fire Code and the Fire Code Standards as adopted and amended by this part. DIVISION 2. DEFINITIONS 3122. DEFINITIONS. The words used in thc Fire Code shall have the meaning ascribed to them by the California Fire Code, and in addition thereto the following words shall be understood and defined to have thc meanings set forth in the following subseetions. 3122.1. ADMINISTRATOR. Shall mean the City Manager of the City of Arcadia. 3122.2. CIIIEF OR CHIEF ENGINEER. Whencvcr thc term "Chief' or "Chief Engineer" is used, it shall mean the Chief of the City of Arcadia Fire Departmcnt. 3t22.3. CHIEF OF THE FIRE PREVENTION BUREAU. Whenever the term "Chief of the Fire Prevention Bureau" is used it shall mean the Fire Marshal of the City of Arcadia Fire Department. 2 2166 3122.4. CITY COUNCIL. Shall mean the City Council of the City of Arcadia as prescribed by the Charter. 3122.5. COUNCIL APPROVAL. Shal!mean the affirmative vote of three members of the City Council entered upon the City Council minutes. 3122.6. EXECUTIVE BODY. Shall mean the City Council of the City of Arcadia. 3122.7. FIRE CODE. Shall mean the Fire Code of the City of Arcadia as adopted by section 312] . 3122.8. FIRE DEPARTMENT. Shall mean the regularly organized fire department of the City of Arcadia. 3122.9. FIRE MARSHAL. Shall mean the Chief of the Fire Prevention Bureau. 3122.10. JURISDICTION. . Shall mean the City of Areadia, and persons duly authorized for the enforcement of this Code. 3122.11. JURISDICTIONAL AREA. Shall mean that area within the boundaries of the City of Arcadia. 3122.12. LEGISLATIVE BODY. Whenever the term "Legislative Body" is used, it shall mean the City Council of the City of Arcadia. 3122.13. MUNICIPALITY OR CITY. Whencver the term "Municipality" or "City" is used, it shall refer to the City of Arcadia. 3 2166 3122.14. OTHER OFFICERS. If any tcrm used in the Codc shall refer to an officer, agency, board, or body not set up by or within the City of Arcadia, the term shall be deemed to refer to such officer, agency, board or body as shall in fact be charged with the responsibility of performing the duty intended to be per- formed by said officer, agency, board or body. DIVISION 3. VIOLATIONS 3123. VIOLATIONS. 1. Any person who shall violate any of the provisions of Sections 102, 103, 104 or 105 of the Fire Code or who shall build in violation of any detailed statement of specilications or plans submitted and approved under the provisions of this Code or Standards adopted, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as at1inned or modified by the City Councilor by a court of competent jurisdiction, with the time fixed herein, shall severally for eaeh and every such violation, be guilty of a misdemeanor or an infraction, punishable pursuant to Section 1200 of the Arcadia Munieipal Code. 2. Any person who shall violate any other section of the Fire Code shall be guilty of an infraction, punishable by tine as listed in Fire Code Appendix VI-D-5 as amended by the Arcadia Municipal Code. 3. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to eorrect or remedy such violations or defect in a timely manner as specified by the Chief or his authorized representative. 4. The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions. 4 2166 DIVISION 4. AMENDMENTS AND ADDITIONS 3124. AMENDMENT. Section 1003.1.1 of the California Fire Code IS amended to read as follows due to local geographic and climatic conditions: 1003.1.] Fire-extinguishing systems shall comply with the following standards: 1. NFP A 13 (1999) shall be used for all commercial occupancies. 2. NFPA 13R (1999) shall be used for all multi-family structures consisting of live (5) or more attached units with the following additions: A) Atties containing forced air units shall have one or more intermediate temperature sprinkler heads adjaeent to each unit. B) Garages shall have a design density of an Ordinary Hazard Group 1 occupancy and a minimum design area covering 4 heads. C) Quick-response intermediate temperature heads shall be used for the garage area. 3. NFPA 13D (1999) shall be uscd for single and multi-family structures consisting of four (4) or less attached units with thc following additions: A) Attics containing forced air units shall have onc or morc intermediate tcmperature sprinkler heads adjacent to each unit. B) Detachcd garages over 1000 square feet and all attached garages shall be sprinklered. Garages shall have a design density of an Ordinary Hazard Group 1 occupancy and a minimum design area covering four (4) hcads. C) Structures over 5000 square feet in total area shall have a design area of 5 2166 the four (4) most remote sprinkler heads. Structures under 5000 square feet in total area shall havc a design arca of the two (2) most rcmote sprinkler heads. D) Quiek-response intermediate temperature heads shall be used for the garage area. 3124.1. AMENDMENT. Section 1003.2.2 of the California Fire Code is amended to read as follows due to local geographic and climatic conditions: 1003.2.2. An automatic sprinkler system shall be installed: I. In all ncw buildings regardlcss of the type of construction or occupancy. EXCEPTION: Detached Group U occupancies, providing the floor arca does not cxceed 1000 square feet and othcr minor buildings and/or occupancies as approved by the fire chicf. 2. In existing buildings as required by other sections of the Fire Code. 3124.2. ADDITION. Seetion 1003.2.10 is added to Article 10 of the California Fire Code to read as follows due to local geographic and climatic conditions: 1003.2.10. RETROFIT OF FIRE SPRINKLERS. An approved automatic fire sprinkler system shall be installed in existing buildings, including any additions thereto, in the occupancics and buildings as set forth in this section. I. In all commcrcial and industrial buildings greatcr than 5,000 square feet in area when enlarged by an addition to the cxisting structure or as required by thc Fire Chief. 2. In all commercial and industrial buildings less than 5,000 square feet in area, when cnlarged by an addition to the existing structure, excecds 5,000 squarc feet or as required by thc Firc Chicf. 6 2166 3. In all Group R-l Occupancies when an addition results in additional guestrooms or dwclling units. 4. In all Group R-3 Occupancies when the existing living area is enlarged by tifty (50) percent or more due to an addition, or when an addition, in combination with a remodel affects tiny (50%) percent or more of the existing living area. 3124.3. AMENDMENT. Section 1003.3.2 of the California Fire Code is amended to read as follows duc to local geographic and climatic conditions: 1003.3.2. An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. Approved audible sprinkler flow alarms shall be provided in the interior of the building at locations required by the Chief 3124.4. ADDITION. Section 7802.3.1 is added to Article 78 of the California Fire Code to read as follows due to local climatic conditions: 7802.3.1. FIREWORKS PROHIBITED. No person shall sell, display for sale, possess, store. or manufacture, use, light, fire, discharge, explode or set off any fireworks, including so- called "Safe and Sane" fireworks anywhere within the City, except as provided herein. 3124.5. ADDITION. Section 105.3.1 is added to the Uniform Fire Code to read as follows: When the application for a permit under this section is filed, a non-refundable fee shall be paid for the purpose of defraying the eost incidental to the proceedings. 7 2166 DIVISION 5. APPEALS AND PERMITS 3125. APPEALS. Whencver thc Chief disapproves an application or refuses to grant a permit, the applicant may appeal from the decision of the Chicfto the City of Arcadia Building/Fire Code Appeals Board within thirty (30) days Ii-om the date ofthc decision being appealed. 3125.1. APPEALS PROCEDURE. The City of Arcadia Building/Fire Code Appeals Board shall not consider any such appeal unlcss the matter has comc to the attention of the Chief and he has rcndered a decision in writing. Any appeal to thc board shall be made by the affected person or his agent in writing in the form and manner as prescribed by the Chief and as specilied in Arcadia Municipal Code section 8130.2. PART 3. FIRE ZONES 3130. CREATION. The City shall be divided into zones relative to exposure to identitied fire hazards. 3t30.1. ZONES. Said Fire Zones shall comprise two (2) zones designated as Fire Zone No.1 and Fire Zone No.2 3130.2. FIRE ZONE NO.1. Fire Zone No.1 shall include all real property in the City which has known or potential exposure to wildland interface. Fire Zone No.1 shall also constitute propertics in the areas north of Sycamore A vcnue and east of Santa Anita A venue. 3130.3. FIRE ZONE NO.2. Fire Zone No.2 shall include all real property in the City which has limited or no exposure (0 the wildland interface. 8 2166 PART 4. SPECIAL REGULATIONS DIVISION I. FLAMMABLE AND EXPLOSIVE MATERIAL 3141. STORAGE OF FLAMMABLE LIQUIDS. Storage oftlammable liquids in outside aboveground tanks is prohibited within the boundaries of the City as the same now exist or as the same may at any time hereaftcr exist. Aboveground tanks may be permitted on a case by case basis with approval of the Chief. 3141.1. NEW BULK PLANTS PROHIBITED. The limits in which new bulk storage of liquefied petroleum gas is restrieted are established as the boundaries of the City. 3141.2. SAME. All real property which has been or may hereafter be classified as, changed to or placed in Zoncs R-M, R-O, R-I, R-2 or R-3 shall be limited to the storage of a maximum of the equivalent to ten (10) gallons of water eapacity outdoors and five (5) gallons of water capacity in either free stand- ing or attached accessory structures. 3t41.3. SAME. EXCEPTION. The City Council may, upon written application, and after receipt of the report and recommenda- tion of the Chief, after finding upon the evidenee received that the public health, safety and welfare will not be jeopardized, alter the limits fixed by any of the preceding section. DIVISION 2. HAZARDOUS MATERIALS ABATEMENT 3142. HAZARDOUS MATERIALS ABATEMENT. Clean up or Abatement; liability for eost. 9 2166 3142.1. SAME. The fire department is authorized to abate or cause to be cleaned up the etfects of any hazardous material deposited upon or into any property or facilities in the City; and any such person or persons responsible for such property or who intentionally, negligently or otherwise caused such deposit shall be liable for the payment of all such cost incurred by the Fire Department as a result of such cleanup or abatement aetivity. The remedy provided by this part shall be in addition to any other remedies provided by law. 3142.2. SAME. For thc purposes of this part, "Hazardous Materials" shall bc defincd as any substancc or materi- als in a quantity or form which, in the determination of the Fire Chief or his authorized representative, poses an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, unstable or toxic materials, petroleum or petroleum products or gases, poisons, etiologic (biologic) agents, pesticides, flammables and corrosIves. 3142.3. SAME. For purposes of this part, cost incurred by the Fire Department shall include, but shall not neces- sarily be limited to the following: actual labor costs of City personnel, including workers com- pensation benefits, fringe benefits, administrative overhead, cost of equipment operations, cost of materials obtained directly by the City and cost of any contract labor, equipment and materials as necessary to clean up and abate the hazard. 3142.4. SAM E. The authority to recover eosts under this part shall not include aetual tire suppression services which are normally or usually provided by the Fire Department. 10 2166 PART 5. MISCELLANEOUS 3150. FlRE DEPARTMENT BADGE. No pcrson shall wear, display or have in his possession any badge or shield of the same design as adopted as the official badge or shicld of the City of Arcadia Fire Department, unless such person shall be a duly appointed member of said Fire Department, and such badge has been issued or authorized in writing by the Chief The provisions of this Section shall not apply to any member of said Fire Department who has been honorably retired, and who may have in his possession a facsimile of the ofticial badge or shield presented to him by the City, provided that the same shall plainly indicate the fact that such former member is no longer in the active service of the Fire Dcpartment. PART 6. ENFORCEMENT AND ARREST CITATIONS 3160. ENFORCEMENT. The Chief and his authorized rcpresentative shall have the powers of a Police Officer in per- forming their duties and shall be authorized to issue arrest citations as may be necessary for the enforccment of any City or State code applicable to tire and life safety. 3160.1. ARREST CITATIONS. The Fire Chief and those authorized by him, may pursuant to Penal Code Scction 853.5 and subject to the provisions hereof, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed a misde- meanor in the officer's or employee's presence and to issue a notice to appear and to release such person on his or her written promise to appear in court, pursuant to Penal Code Section 853.6. 11 2166 The authority to aet as set forth herein shall apply to those Fire Department members whose primary duty is fire prevention and fire suppression. PART 7. VOLUNTARY EMERGENCY MEDICAL SUBSCRIPTION PROGRAM 3170. PURPOSE. It is the intent of this Section to reduce life loss and disability by implementing a program which provides funding for paramedic training, equipment repair, replacement and maintenance, and other additional expenses necessary to maintain and enhance the current level of service, while continuing to maintain or improve response time standards. A fee for service and Voluntary Sub- scription Program is recommcnded to meet these goals by offering a mechanism for both Arcadia residents and businesses to cap their paramedic and ambulance transportation costs, while supporting the continued expansion and improvement of equipment and service the City's paramedic program provides. 3170.1. DEFINITiONS. Unless a different meaning is apparent from the context or is specified elsewhere in these guide- lines, the following detinitions shall be used: (a) "Advanced life support (AlS)" means any AlS medical treatment performed by paramedics (EMT-P) outside of a hospital. (b) "Ambulance" means the Arcadia Fire Department Rescue units and/or designated ambulance companies contracted for service. (c) "Basic life support (BlS)" means any BLS treatment which is authorized by the Statc of California Department of hcalth to be performed by emergency medical technicians I (EMT-I) and/or paramedics (EMT-P) at the scene of a medical emergency. 12 2166 (d) "Emergeney medical subscription program" means a voluntary membership plan where its members shall prepay, at a tixed price, the uninsured portion of emergency medical and ambulance services provided by the Arcadia Fire Department. (e) "Member" means residents of Arcadia households, eommercial residents and their employees who have registered with the City and prepaid the voluntary membership fee. 3170.2. ADMINISTRATION. The Fire Chief or designee shall be responsible for the implementation and administration of the V oluntary Emergency Medical Subscription Program. The Fire Chief shall report on a yearly basis to the City Manager and City Council on the status of the Voluntary Emergency ivledical Subscription Program. The report shall include a financial statement which sets forth the Program's financial status. 3170.3. ELIGIBILITY. The Voluntary Emergency Medical Subscription Program is open to all residents and commer- cial residents (businesses) located in the City of Arcadia. Payment of the voluntary subscription fee by households shall entitle membership to permanent residents of that household, related or not. Subscription fees paid by businesses entitle membership to employees only. Guest and visitor coverage is provided for residential memberships at an additional fee as set by resolution of the City Council. Guests, customers, patrons, visitors or others using the facilities of business memberships shall be charged directly for paramedic and ambulanee services. 3170.4. ENROLLMENT. Each resident and commercial resident of the City has the opportunity to enroll in thc Program anytime during the calendar year. (1) Residents receiving a utility billing from the City will have the option of automatic enrollment in the Emergency Medical Subscription Program if they signify approval 13 2166 on the City water billing. Membership may be terminated at any time by notifying the City in writing. (2) Households and businesses not receiving an Arcadia utility bill may enroll by completing and submitting an enrollment foml at any time during the year. Each of these groups will reecive enrollment forms via the mail or can obtain one at various City facilities. Households not receiving a utility bill and businesses have the option of paying the subscription fee one time annually or bimonthly. (3) Residents and businesses declining membership are eligible to enroll in the Program anytime during the calendar year. Coverage under the Subscription Program shall not predate the actual enrollment date. (4) Residents and businesses who leave the City prior to the end of the subscription year, shall not be eligible for a refund of any portion of the total fee. (5) Existing members who move within the City limits during the subscription year, will not be required to pay an additional fee, but must submit a change of address to the Fire Department to insure coverage. (6) An owner of an apartment, retirement home, or other multifamily complex, has the option to pay the subseription fee for the tenants. 3170.5. SUBSCRIBER BENEFITS. Subscribers shall receive the following benefits by enrolling in the Voluntary Emergency Medical Subscription Program: (l) Prepayment of the uninsured portion of: a. BLS paramedic charges; b. ALS paramedic charges; c. Emergency ambulanee transportation; 14 2166 d. Additional member benefits may be added at the Fire Chiefs discretion, subject to City Manager approval. The Voluntary Emergeney Medieal Subscription Program only applies to emergencies that occur within City limits. Employees of businesses that are subscribers are covered for emer- gencies at any location within the City or Arcadia. 3170.6. AUTHORIZATION OF FEES. Basic and advanced life support paramedic service fees to nonresidents, advanced lire support paramedie serviee fee to residents, and basic and advanced life support ambulance transportation rees are authorized and shall be charged in connection with emergeney medical eare and ambu- lance services provided by the Arcadia Fire Department. The amount of such fees shall be set periodically by resolution or the City Council. There shall be two categories offees as follows: 1. The "ree for services" shall be a user fee designed to recover costs associated with the delivery of emergency medieal care and ambulance transportation services. Such fees shall be based on: (a) (b) (c) 2. A. Emergencies requiring basic lire support services (BLS); and Emergencies requiring advanced life support scrvices (ALS); and Emergencies requiring ALS and BLS ambulance transportation. The "Voluntary Emergency Medical Subscription Program" fee is a membership program offered to Arcadia residents and businesses, protecting permanent houschold members (related or not) and employees. Fees paid by businesses entitle membership to employees only. Unless residential members select to purehase visitor coverage at an additional nominal fee, guests, customers, patrons, and visitors or others using the facilities of 15 2166 such households and businesses shall be charged directly for paramedic and ambulance transportation services. B. The visitor coverage fee is an optional benetit to provide coverage for visitors of a member in good standing at an additional nominal fee as set by resolution of the City Council. 3170.7. THIRD PARTY REIMBURSEMENT. The City reserves the right to seek from a members' insurer, health maintenance organization, or health care plan, reimbursement for emergency paramedic and ambulanee transportation services; provided, however, that a member in good standing would not incur or be held respon- sible for any fees resulting from the services rendered to the members or others covered under their subscription. 3170.8. IMPLEMENTATION. Implementation of user fees for paramedic services and the Voluntary Emergency Medical Subscription Program shall begin August 19, 1994. The Fire Chief or designee shall be autho- rized to administer the Voluntary Emergency /vledical Subscription Fee Program beginning thirty (30) days after the adoption of this Part. 3170.9. EXEMPTION AND REDUCTION OF CHARGES Dctermination for an exemption or reduction of fees for services or the voluntary subscription fee by individuals claiming a hardship shall be based on guidelines establishcd by resolution of the City Council. 3170.10. DUTY TO RESPOND. Under no circumstances will the delivery of emergency medical service and ambulance trans- portation be delayed or refused on the basis of whether the injured party is a member of the Voluntary Subscription Program, or on the basis of perception of or actual ability to pay. 16 2166 Ivlembership in the program does not create a guarantee or duty to respond, or create performance requirements that differ or in any way alter the usual and eustomary emergency response funetion and duties of the City. 3t 70.11. ABUSE OF MEMBERSHIP. Where a member of a person covered under the subscription program persistently utilizes, or at- tempts to utilize, the Voluntary Emergeney iVledical Subscription Program in an inappropriate manner, as deemed by the Fire Chief, the City retains the right to refund to the member the equivalent ofa one (I) year membership fee, or the paid portion ofa one (I) year membership fee, and to declare the members' membership in the program eanceled. In cases of a dispute, the Fire Chiers judgment would be binding on all parties to such a dispute. 3170.12. PROGRAM TERMINATION, The Voluntary Emergency Medical Subscription Program may be canceled by a majority vote of the Arcadia City Council. If the Council ehooses to terminate the program prior to the new pro- gram year, the City may, at its option, refund the subscription fees back to the Voluntary Emergency Medical Subscription Program members on a prorated basis. The City shall be obligated to provide thirty (30) days written notice to all members prior to program termination. SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be publishcd in the official ncwspaper of said City within fil1een (15) days after its adoption. [SIGNATURE ON THE NEXT PAGE] 17 2166 Passed, approved and adopted this 5th day of November ,2002. ATTEST: Mayor of the City of Arcadia /T'roTem o / . City-Clerk APPROVED AS TO FOIV\1: ~p~ City Attorney 18 2166 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk ofthe City of Arcadia, hereby certifies that the foregoing Ordinance No. 2166 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor ProT em and attested to by the City Clerk at a regular meeting of said Council held on the 5th day of November, 2002 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmembers Chang, Kovacic, Segal, and Wuo NOES: None ABSENT: Mayor Marshall O~U- A\} cle.l",C;Z gi(y Clerk oft~City M Arcadia 19 2166