HomeMy WebLinkAbout2367 ORDINANCE NO. 2367
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING ARTICLE III OF THE ARCADIA MUNICIPAL
CODE RELATING TO FIRE REGULATIONS AND ADOPTING BY
REFERENCE THE 2019 EDITION OF THE CALIFORNIA FIRE CODE IN
ITS ENTIRETY, INCLUDING CHAPTER 4 AND APPENDICES B, C, D, K,
AND 0 BASED ON THE 2018 EDITION OF THE INTERNATIONAL FIRE
CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL;
TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS
AND CHANGES THERETO
WHEREAS, pursuant to Government Code Section 50022.1 et seq. the City may
adopt by reference the California Building Standards Code, 2019 Edition as provided in
Title 24 of the California Code of Regulations, which includes the California Fire Code; and
WHEREAS, the California Building Standards Commission ("Commission")
recently adopted the 2019 Edition of the California Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7,
and 18941.5 authorize cities to adopt the California Building Standards Code with
modifications determined to be reasonably necessary because of local climatic,
geological or topographical conditions; and
WHEREAS, the City of Arcadia desires to adopt the 2019 Edition of the California
Fire Code in its entirety, including Appendix Chapter 4 and Appendices B, C, D, K, and 0
based on the 2018 Edition of the International Fire Code published by the International
Code Council, together with the necessary amendments to assure the Codes are tailored
to the particular safety needs of the City as required by its unique climatic, geological and
topographical conditions; and
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WHEREAS, the City Council conducted first reading of this Ordinance on November
19, 2019; and
WHEREAS, notice of a public hearing on this ordinance was published in the Arcadia
Weekly on December 2, 2019 and December 9, 2019; and
WHEREAS, the City Council held a public hearing on December 17, 2019, as
required by law, at which time the Council determined that the adoption of the Codes and
amendments thereto are in the best interest of the City and are based on the findings
required by law; and
WHEREAS, at least one copy of each of the Codes adopted by reference by this
ordinance were available for public inspection at the office of the City Clerk fifteen (15)days
preceding the public hearing pursuant to Government Code Section 50022.6.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the amendments and additions to the
California Fire Code herein are supported by Findings of Fact which are attached hereto
as Exhibit "A" and incorporated herein as part of this Ordinance.
SECTION 2. Section 3121 of Division 1, Part 2, Chapter 1, Article III of the Arcadia
Municipal Code is hereby amended to read as follows:
"3121. CALIFORNIA FIRE CODE ADOPTION.
Subject to the exception of the deletions or additions hereinafter set forth, and
further subject to the amendments hereinafter specified, there is adopted by reference
for the City of Arcadia the 2019 Edition of the California Fire Code, including Chapter 4
and Appendices B, C, D, K, and 0 based on the 2018 Edition of the International Fire
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Code published by the International Code Council, and the foregoing shall constitute
the Fire Code of the City of Arcadia.
One (1) copy of said code is on file in the office of the City Clerk for use and exami-
nation by the public."
SECTION 3. Sections 3124, 3124.1, 3124.2, 3124.3, 3124.4, 3124.5, 3124.6,
3124.7, 3124.8, and 3124.9 of Division 4, Part 2, Chapter 1, of Article III are hereby
amended in their entirety to read as follows:
"3124. AMENDMENTS AND ADDITIONS.
The California Fire Code is hereby amended to read as follows:
3124.1. AMENDMENT.
Section 105.6.27 of the California Fire Code is amended to read as follows due to
local climatic, geographical, and topographical conditions:
105.6.27 LP-gas. An operational permit is required for:
1 . Storage and use of LP-gas.
Exception: A permit is not required for individual containers with a 500-gallon
water capacity or less or multiple container systems having an aggregate quantity not
exceeding 500 gallons, used exclusively for emergency power generation and serving
occupancies in Group R-3 not located in the Wildland-Urban Interface Area.
2. Operation of cargo tankers that transport LP-gas.
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3124.2. AMENDMENT.
Section 202 of the California Fire Code is amended to read as follows due to local
climatic, geographical, and topological conditions:
Business Group B
Training and skill development not in a school or academic program (this shall
include, but not be limited to, martial arts studios, gymnastics and similar uses
regardless of the ages served, and where not classified as a Group A occupancy).
3124.3. AMENDMENT.
Section 903.2 of the California Fire Code is amended to read as follows due to local
climatic, geographical, and topographical conditions:
903.2. Where required. Approved automatic extinguishing systems shall be
installed:
1. In all new buildings regardless of the type of construction or occupancy.
EXCEPTIONS: A) Detached Group U occupancies, providing the floor area
does not exceed 1000 square feet.
B) Pool houses, recreation rooms, and similar accessory R-3 occupancies
providing no portion of the exterior wall of the building is more than 150 feet from a
public street.
C) Other minor buildings and/or occupancies as approved by the Fire Chief.
2. In existing buildings with new occupancies as required by other sections of the Fire
Code.
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3124.4. AMENDMENT.
Section 903.2.18 of the California Fire Code is amended to read as follows due to
local climatic, geographical, and topographical conditions:
903.2.18. Group U garages and carports accessory to Group R-3 occupancies.
Carports with habitable space above, detached private garages over 1000 square feet
in area, and attached private garages shall be protected by fire sprinklers in accordance
with this section. These areas shall have a design density of an Ordinary Hazard Group
1 occupancy with a design area of two (2) heads. Quick-response intermediate
temperature commercial type heads shall be used.
3124.5. AMENDMENT.
Section 903.3.1.3 of the California Fire Code is amended to read as follows due to
local climatic, geographical, and topographical conditions:
903.3.1.3. NFPA 13D SPRINKLER SYSTEMS. Where allowed, automatic sprinkler
systems installed in one- and two-family dwellings shall be installed throughout in
accordance with NFPA 13D with the following additions:
A) Attics containing forced air units shall have one or more quick-response
intermediate temperature sprinkler heads adjacent to each unit.
B) Attached private garages shall be sprinklered and shall have a design density of an
Ordinary Hazard Group 1 occupancy with a design area of two (2) heads. Quick-
response intermediate temperature commercial type heads shall be used for the
garage area.
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C) Detached private garages over 1000 square feet in total area shall be sprinklered
and shall have a design density of an Ordinary Hazard Group 1 occupancy with a
design area of two (2) heads. Quick-response intermediate temperature commercial
type heads shall be used for the garage area.
D) Residential structures under 5000 square feet in total area shall be designed for two
(2) heads flowing in the residential area. Residential structures over 5000 square feet
in total area shall be designed for four (4) heads flowing in the residential area.
E) Attics and basements used for storage purposes shall be fully sprinklered with
residential type heads.
F) A single exterior bell activated by the waterflow switch shall be provided at an
approved location.
G) A representative sample of spare heads shall be provided at an approved location.
3124.6. AMENDMENT.
Section 903.4.2 of the California Fire Code is amended to read as follows due to
local climatic, geographical, and topographical conditions:
903.4.2. ALARMS. Approved audible devices shall be connected to every
automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated
by water flow equivalent to the flow of a single sprinkler of the smallest orifice size
installed in the system. Alarm devices shall be provided on the exterior of the building
in an approved location. Where a fire alarm system is installed, actuation of the
automatic fire sprinkler system shall actuate the building fire alarm system. Approved
audible notification appliances shall be provided in the interior of the building at locations
required by the Fire Chief.
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3124.7. AMENDMENT.
Section 1103.2 of the California Fire Code is amended to read as follows due to
local climatic, geographical, and topographical conditions:
1103.2 Emergency responder radio coverage in existing buildings. Existing
buildings that do not have approved radio coverage for emergency responders within
the building based upon the existing coverage levels of the public safety
communications systems of the jurisdiction at the exterior of the building, shall be
equipped with such coverage according to one of the following:
1 . Wherever an existing wired communication system cannot be repaired or is being
replaced, or where not approved in accordance with Section 510.1, Exception 1.
2. Whenever total additions result in an increase of more than 5000 square feet in the
total floor area, including mezzanines or additional stories, regardless of ownership.
Additions shall be cumulative with each application for building permit from January 1,
2011.
3. Whenever the value of alterations requiring permits exceed $500,000 in valuation.
Alteration values shall be cumulative with each application for a building permit from
January 1, 2011.
3124.8. AMENDMENT.
Section 1103.5 of the California Fire Code is amended to read as follows due to
local climatic, geographical, and topographic conditions:
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1103.5 EXISTING BUILDINGS. An approved automatic fire sprinkler system shall
be installed in existing buildings, including any additions thereto, in the occupancies and
buildings as set forth in this section.
1. In all commercial and industrial buildings greater than 5000 square feet in area when
enlarged by an addition to the existing structure or as required by the Fire Chief.
2. In all commercial and industrial buildings equal to or less than 5000 square feet in
area, when enlarged by an addition to the existing structure, exceeds 5000 square feet
or as required by the Fire Chief.
3. In all Group R-1 or R-2 Occupancies when an addition results in additional
guestrooms or dwelling units.
4. In all Group R-3 Occupancies greater than 2500 square feet in living area when
enlarged by an addition to the living area of the existing structure.
EXCEPTIONS:
1) Additions of areas that would not require sprinklers such as closets or
bathrooms.
2) Additions that occur without increasing the number of stories or increasing
the horizontal projection of the first story roof.
5. In all Group R-3 Occupancies equal to or less than 2500 square feet in living area,
when enlarged by an addition to the living area of the existing structure, exceeds 2500
square feet in residential area.
EXCEPTIONS:
1) Additions of areas that would not require sprinklers such as closets or
bathrooms.
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2) Additions that occur without increasing the number of stories or increasing
the horizontal projection of the first story roof.
6. In existing buildings for new occupancies as required by other sections of the Fire
Code.
3124.9. AMENDMENT.
Section 0101.2 of the California Fire Code is amended to read as follows:
0101.2 Permits. An operational permit shall be required for haunted houses,
ghost walks, or similar amusement uses in accordance with Appendix 0101.2.
EXCEPTION: Haunted houses, ghost walks, or similar amusement uses in
Group R-3 occupancies."
SECTION 4. Division 4, Part 2, Chapter 1 of Article III of the Arcadia Municipal
Code is hereby amended by amending Sections 3124.10, 3124.11, 3124.12, 3124.13,
and 3124.14 and adding Sections 3124.15 and 3124.16 to read in their entirety as follows:
"3124.10. ADDITION.
Section 5608.2 is added to Chapter 56 of the California Fire Code to read as follows
due to local climatic conditions:
5608.2. FIREWORKS PROHIBITED. No person shall sell, display for sale,
possess, store, or manufacture, use, light, fire, discharge, explode or set off any
fireworks, including "Safe and Sane" fireworks anywhere within the City, except as
allowed by the Fire Chief.
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3124.11. ADDITION.
Section 6112 is hereby added to the California Fire Code to read as follows: The
use of liquefied petroleum gas for emergency power generation for Group R-3
occupancies located in the Wildland-Urban Interface area shall comply with the
following:
1 . All individual containers shall be a maximum size of 500-gallon (1893 L) water
capacity. Multiple container systems shall not exceed 500-gallons (1893 L) in
aggregate quantity.
2. A minimum 10 foot setback shall be maintained between the tank and all buildings
in perpetuity. All future developments on the property shall be subject to this
requirement.
3. Signage shall be provided on the tank indicating its contents and also warning of
"NO SMOKING WITHIN 25 FEET".
4. Weeds, grass, brush, trash, and other combustible materials shall be kept a
minimum of 10 feet from the tank.
5. A minimum 6A:80BC fire extinguisher shall be provided within 50 feet of the tank. It
shall be the applicant's responsibility to have the fire extinguisher serviced by a
qualified contractor on an annual basis.
6. During refueling, the LP tank vehicle shall not be left unattended at any time.
3124.12. ADDITION [ADMINISTRATIVE].
Section 105.1 .7 is added to the California Fire Code to read as follows:
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When the application for a permit under this section is filed, a non-refundable fee
as adopted by City Council Resolution shall be paid for the purpose of recovering the
cost of services provided.
3124.13. DELETION [ADMINISTRATIVE].
Section 103.2 is hereby deleted from the California Fire Code without replacement.
3124.14. ADDITION [ADMINISTRATIVE].
Section 104.12 is added to the California Fire Code to read as follows:
104.12. COST RECOVERY. Where an emergency situation is caused or
exacerbated by a willful act, a negligent act, or a violation of the Fire Code, Building
Code, or any other applicable law, ordinance or regulation, the cost of mitigating and
securing any emergency that is within the responsibility of the Fire Chief is a charge
against the person who caused the emergency or who caused the circumstances
leading to the creation of the emergency. Damages and expenses incurred by any public
agency providing mutual aid shall constitute a debt of such person and shall be
collectible by the Fire Chief for proper distribution in the same manner as in the case of
an obligation under contract expressed or implied. Expenses as stated above shall
include, but not be limited to, equipment and personnel committed and any payments
required by the public agency to outside business firms requested by the public agency
to mitigate or secure the emergency, monitor remediation, and clean up.
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3124.15. DELETION [ADMINISTRATIVE].
Section 105.6.30 is hereby deleted from the California Fire Code without
replacement.
3124.16. DELETION [ADMINISTRATIVE].
Section 319 is hereby deleted from the California Fire Code without replacement.
SECTION 5. Division 5, Part 2, Chapter 1 of Article III of the Arcadia Municipal
Code is hereby amended by amending Sections 3125 and 3125.1 to read in their
entirety as follows:
"DIVISION 5. - APPEALS AND PERMITS
3125. AMENDMENT [ADMINISTRATIVE].
Section 109 of the California Fire Code is amended to read as follows:
Appeals. Whenever the Chief disapproves an application or refuses to grant a
permit, the applicant may appeal from the decision of the Chief to the City of Arcadia
Building/Fire Code Appeals Board within thirty (30) days from the date of the decision
being appealed.
3125.1. AMENDMENT [ADMINISTRATIVE].
Section 109 of the California Fire Code is amended by adding the following
paragraph:
Appeals Procedure. The City of Arcadia Building/Fire Code Appeals Board shall not
consider any such appeal unless the matter has come to the attention of the Chief and
he has rendered a decision in writing. Any appeal to the board shall be made by the
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affected person or his agent in writing in the form and manner as prescribed by the Chief
and as specified in Arcadia Municipal Code section 8130.2."
SECTION 6. Parts 4 and 5 of Chapter 1 of Article III of the Arcadia
Municipal Code are hereby amended in their entirety to read as follows:
"PART 3. - WILDLAND-URBAN INTERFACE FIRE AREA
3130. CREATION
The City shall designate areas within the City boundaries that are at a significant
risk from wildland fires. Such areas shall be designated Wildland-Urban Interface Areas.
3130.1. WILDLAND-URBAN INTERFACE FIRE AREA BOUNDARIES.
The boundaries of the Wildland-Urban Interface Area shall be the same as the Very
High Fire Hazard Severity Map as produced by the California Department of Forestry
and Fire Protection.
3130.2. -
3130.3. -
PART 4. - SPECIAL REGULATIONS DIVISION 1.
FLAMMABLE AND EXPLOSIVE MATERIAL
3141. STORAGE OF FLAMMABLE LIQUIDS.
Storage of flammable 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 hereafter
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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 restricted 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 Zones R-M, R-O, R-1 , R-2 or R-3 shall be limited to the storage of a maximum
of the equivalent to ten (10) gallons of water capacity outdoors and five (5) gallons of
water capacity in either free standing or attached accessory structures.
3141.3. SAME. EXCEPTIONS.
1) Individual containers with a 500-gallon water capacity or less or multiple container
systems having an aggregate quantity not exceeding 500 gallons, used exclusively for
emergency power generation and serving occupancies in Group R-3.
2) The City Council may, upon written application, and after receipt of the report and
recommendation of the Chief, after finding upon the evidence received that the public
health, safety and welfare will not be jeopardized, alter the limits fixed by any of the
preceding section.
3142. HAZARDOUS MATERIALS ABATEMENT.
Clean up or abatement; liability for cost.
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3142.1. SAME.
The Fire Department is authorized to abate or cause to be cleaned up the effects
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 activity.
The remedy provided by this part shall be in addition to any other remedies provided by
law.
3142.2. SAME.
For the purposes of this part, "Hazardous Materials" shall be defined as any
substance or materials 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 necessarily be limited to the following: actual labor costs of City personnel,
including workers compensation 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.
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3142.4. SAME.
The authority to recover costs under this part shall not include actual fire
suppression services which are normally or usually provided by the Fire Department."
SECTION 7. The City Council finds that it can be seen with certainty that
adoption of this Ordinance will not have a significant adverse effect on the environment
and is therefore exempt from California Environmental Quality Act pursuant to Section
15061(b)(3) of the CEQA Guidelines. City staff is directed to file a notice of exemption
within five (5) days of the adoption of this Ordinance.
SECTION 8. Transmittal. The Building Official shall transmit a copy of this
Ordinance to the California Building Standards Commission, pursuant to Health and
Safety Code Section 17958.7.
SECTION 9. Recession. All former ordinances or parts conflicting or
inconsistent with the provisions of this Ordinance or of the codes adopted by this
Ordinance and any other ordinance in conflict herewith are hereby repealed.
SECTION 10. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to
be unconstitutional, such decision shall not affect the validity of the remaining portion of
this ordinance or any part thereof. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more section, subsection, subdivision,
paragraph, sentence, clause or phrase be declared unconstitutional.
SECTION 11. Incorporation of Recitals. The above recitals are true and
correct and are incorporated herein by this reference.
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SECTION 12. The City Clerk shall certify to the adoption of the Ordinance and
shall cause a copy of same or summary thereof to be published in the official newspaper
of said City within fifteen (15) days after its adoption.
Passed, approved and adopted this 17th day of December , 2019.
Adetrk
rCyor of the City of Arcadia
ATTEST:
Ct'rIerk i
APPROVED AS TO FORM:
t& p1)—(4
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2367 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 17th day of December, 2019 and that said Ordinance was adopted by
the following vote, to wit:
AYES: Amundson, Beck, and Verlato
NOES: None
ABSENT: Chandler, and Tay
i ,
City CI= of -e City of Arcadia
EXHIBIT "A"
FINDINGS OF FACT
Pursuant to the 2019 Edition of the California Fire Code Preface, the report contained
herein shall be submitted as the Findings of Fact document with regard to Article III of the
City of Arcadia Municipal Code, Ordinance No. 2367, as adopted by the City of Arcadia.
Under this adopting Ordinance specific amendments have been established, which are
more restrictive in nature than those sections adopted by the California Building
Standards Code.
The amendments to the California Fire Code, 2019 Edition have been recognized by the
City of Arcadia to address the fire problem(s), concern(s) and future direction(s) by which
this City can establish and maintain an environment, which will afford a level of fire and
life safety to its citizens and guests.
Under the provisions of California Fire Code Preface, local amendments shall be based
on climatic, geographical or topographical conditions. The Findings of Facts contained
herein shall address each of these situations and shall present the local situation, which
singularly or in combination cause the established amendments to be adopted.
Climatic: The City of Arcadia is located in the County of Los Angeles, and is subject to
long periods of dry, hot and windy climates, which increase the chance of a fire occurring
and predispose the City to large destructive fires. These dry climatic conditions and winds
contribute to the rapid spread of even small fires originating in moderate density housing
or vegetation. These fires spread very quickly and create a need for increased levels for
fire prevention and protection.
Geographical: The geographic layout and contours of the City of Arcadia create barriers
for accessibility for fire suppression forces. Due to the City's close proximity to major fault
lines, there is a significant possibility for multiple fires spreading out of control due to
ruptured gas lines and multiple structural collapses. Because of the major earthquake
hazard, and due to some older nonconforming buildings, it is necessary during the new
construction or building renovation to use the City ordinance to control and minimize
conditions hazardous to life and property, which may result from fire, hazardous materials
or an explosion.
Topographical: The water supply (domestic and fire flow) system within the City is
directly affected by the topographical layout of Arcadia. The distribution system consists
of high-low pressure and gravity systems zones, which carry the water from various
reservoirs and storage tanks to different zones via water pipes. These street mains
consist of high-pressure lines and low pressure lines where the pressure and flows are
adequate in most of the areas of the city. There are certain areas in the southern portion
of the City with static pressures of 40 psi, and in the northern portion as low as 20 psi.
This variation of pressure causes major problems to development, as well as fire
suppression forces.
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As a result of the Findings of Fact, which identified the various climatic, geographical, and
topographical elements, the requirements established by the City of Arcadia Fire
Department within the adopted Ordinance No. 2367 are considered reasonable and
necessary modifications to the California Fire Code based upon local conditions.
While it is clearly understood that the adoption of such regulations may not prevent the
incidents of fire, it is further noted that with the implementation of these various regulations
and/or requirements it may serve to reduce the severity and potential loss of life and
property.
The City of Arcadia Fire Department submits these Findings of Fact and request
acceptance of these as defined in the California Fire Code Preface.
Prepared and submitted by: Mark Krikorian, Fire Marshal
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