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HomeMy Public PortalAbout15) 9B First Reading and Introduction of Ordinance No. 14-987 Adopting by Reference the 2014 Los Angeles County Fire CodeDATE: TO: FROM: SUBJECT: AGENDA ITEM 9.8 . COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM February 4, 2014 The Honorable City Council Tracey Hause, Acting City Manager/Administrativctervices DirectoC{) Via: Geoffrey Starns, AICP, Planning Manager By: Neville Pereira, PE, CBO, Building Official FIRST READING AND INTRODUCTION OF ORDINANCE NO. 14-987 REPeAtiNG-AND ADOPTING-A-NEw-CtlAPTE~OF~THE TEMPLE CITY MUNICIPAL CODE (TCMC) TITLE 3 (PUBLIC SAFETY) CHAPTER 1 (FIRE CODE) ADOPTING BY REFERENCE THE 2014 LOS ANGELES COUNTY FIRE CODE (TITLE 32) AS THE CITY OF TEMPLE CITY FIRE CODE RECOMMENDATION: The City Council is requested to: a) Introduce Ordinance No. 14-987 (Attachment "A") for first reading by title only repealing existing and adopting a new Chapter to the Temple City Municipal Code (TCMC) Title 3 (P ublic Safety), Chapter 1 (Fire Code), thereby adopting by re f erence portions of the 2014 Los Angeles County Fire Code (Title 32) as the City of Temple City 2014 Fire Code; and b) Set a public hearing date for February 18, 2014, to consider adoption of Ordi nance No . 14-987 establishing a new Fire Code for the City of Temple City. BACKGROUND: 1 . On September 6, 2011, the City Council adopted Ordinance No. 11-946 thereby adopting by reference the 2011 Los Angeles County Fire Code . 2. On Ju ly 1, 2013, the Cal ifornia Building Standards Commission published Title 24 the "California Fire Code." 3 . On January 28, 2014, the County of Los Angeles Board of Supervisors adopted by reference the 2013 California Fire Code with local amendments, thereby creating the 2014 Los Angeles County Fire Code (Title 32), which will become effective on City Council February 4, 2014 Page 2 of 3 February 27, 2014. ANALYSIS: The National Model Fire Code is published periodically in response to improved safety standards and changing construction technology. The California State Fire Marshall's Office adopts and amends each of these codes every three years as part of the California Code of Regulations. Pursuant to Health and Safety Code Section 18941.5, local jurisdictions are mandated to adopt such State Codes generally within 180 days after publication of the code by the California Building Standards Commission. The 2013 California Codes were published on July 1, 2013 and became effective on January 1 , 2014, which included the California Fire Code. Temple City is part of the Consolidated Fire Protection District for Los Angeles County (District). The District provides fire protection and reviews plans for new construction Citywide. As part of the District, the City of Temple City is required to operate under the Los Angeles County Fire Code (Title 32), except when making amendments for local conditions. There are no local amendments being made to the 2014 Los Angeles County Fire Code. As part of the District, Temple City cannot adopt a new Fire Code until the Los Angeles County (County) Code is adopted. The County was late in adopting the Fire Code causing cities to be late in adopting their local fire code. Because the January 1, 2014 deadline was missed, the State Fire Code will remain in effect in the City until the City adopts the County Fire Code and it becomes effective. However, given that most of the construction that occurs in Temple City is single family residential, and that the codes related to single family construction aren't changing in any significant way, the effect of not adopting a local Fire Code by January 1, 2014 is minimal. Staff has determined that adoption of the 2014 Los Angeles County Fire Code is exempt from further environmental review under the provisions of the California Environmental Quality Act ("CEQA") pursuant to State Guideline Section 15061 (b)(3), which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Staff has further determined that it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. Following introduction and first reading of the Ordinance this matter will return to City Council on February 18, 2014, for a public hearing and adoption of the ordinance along with the associated findings. City Council February 4, 2014 Page 3 of 3 CONCLUSION: The City Council is requested that Ordinance No. 14-987 be introduced for first reading repealing the existing and adopting a new Temple City Municipal Code (TCMC) Title 3 ("Public Safety"), Chapter 1 ("Fire Code"), thereby adopting by reference portions of the 2014 Los Angeles County Fire Code (Title 32) as the City of Temple City 2014 Fire Code. FISCAL IMPACT: There are no fiscal impacts created by adoption and implementation of the 2014 Los Angeles County Fire Code by reference. ATTACHMENTS: A. Ordinance No. 14-987 CITY OF TEMPLE CITY ORDINANCE NO. 14-987 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REPEALING AND ADOPTING A NEW CHAPTER OF THE TEMPLE CITY MUNICIPAL CODE (TCMC) TITLE 3 (PUBLIC SAFETY) CHAPTER 1 (FIRE CODE) AND ADOPTING BY REFERENCE THE 2014 LOS ANGELES COUNTY FIRE CODE AS THE CITY OF TEMPLE CITY 2014 FIRE CODE WHEREAS, the 2013 California Fire Code has been published by the International Code Council and the California Building Standards Commission; and WHEREAS, the City is required to adopt and amend as required by the California Fire Code prior to January 1, 2014, or as soon thereafter as is reasonable; and WHEREAS, the County of Los Angeles has introduced an Ordinance to adopt by reference various sections of the 2012 International Fire Code and the 2013 California Fire Code, which Code shall serve as the 2014 LosAngelesCountyFireC;ode;and WHEREAS, the City of Temple City believes that the findings made by the Los Angeles County Board of Supervisors are applicable to and consistent with the desire of the City of Temple City to provide the most technically proficient and safe fire codes possible; and WHEREAS, the Los Angeles County Fire Code is widely used by cities and unincorporated communities that comprise the Consolidated Fire Protection District for Los Angeles County; and WHEREAS, the Los Angeles County Fire Code is common, well known to contractors, engineers, and architects; and are readily available for purchase; and WHEREAS, the 2014 City of Temple City Fire Code shall be comprised of the 2014 Los Angeles County Fire as herein amended. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds that the foregoing recitations herein describe climatic, geological and topographical characteristics within the City of Temple City, which result in the need to not only adopt by reference the amendment made by the County of Los Angeles to the 2012 International Fire Code and the 2013 California Fire Code to protect the public health, safety and welfare of the Temple City community. SECTION 2: The City Council hereby finds that the herein adoption of the 2014 Los Angeles County Fire Code is exempt from further environmental review under the provisions of the California Environmental Quality Act ("CEQA") pursuant to State Guideline Section 15061(b)(3), which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The City Council finds from the evidence presented that it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. SECTION 3: Title 3(Public Safety), Chapter 1 (Fire Code) is hereby repealed and replaced with new Title 3, Chapter 1 (Fire Code) as shown in Exhibit "A." Ordinance 14-987 2014 Fire Code Adoption by Reference Page 2 of 3 SECTION 10: That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Temple City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrase be declared unconstitutional. SECTION 11: That nothing in this ordinance shall be constructed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right remedy of any character be lost, impaired or affected by this ordinance. SECTION 12: This Ordinance shall be effective on the 31'1 day after adoption. SECTION 13: The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance, and shall cause this Ordinance to be posted in the manner required by law. PASSED, APPROVED, ANDADOPTED THIS 4'h DAY OFFEBRUARY; 2014. MAYOR ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 2 Ordinance 14-987 2014 Fire Code Adoption by Reference Page 3 of 3 I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 14-987 was introduced at the regular meeting of the Cit~ Council of the City of Temple City held on the 21"' day of January, 2014, its second reading on 41 day of February, 2014, and was duly passed, approved and adopted by said Council at the regular meeting held on 4th day of February, 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk 3 SECTION 3100 CODE ADOPTION. EXHIBIT "A" TITLE 3 -CHAPTER 1 FIRE CODE Title 32, of the Los Angeles County Fire Code, as amended and in effect on or before January 1, 2014, adopting the 2013 California Fire Code, are hereby adopted by reference and made a part of the Temple City Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except as revised in this ordinance. These provisions shall collectively be known as the City of Temple City Fire Code and may be cited as Title 3, Chapter 1 of the Temple City Municipal Code. SECTION 3101 COPIES ON FILE. In accordance with Section 50022.6 of the California Government Code, not less than one copy of the City of Temple City Fire Code, duly certified by the City Clerk, shall be kept on file in the office of the City Clerk for examination and use by the public. Amendments to this code shall be noted by ordinance number on the appropriate pages of such code of this code and one complete file of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the City Clerk for use and examination by the public. Distribution or sale of additional copies of this code shall be made as directed by the City Council. In addition, one copy of said City of Temple City Fire Code may likewise be maintained by the Building Official for examination and use by the public. SECTION 3102 DEFINITIONS. In addition to the definitions specified in Chapter 2 of this Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine. In the event of conflicts between these definitions and definitions that appear elsewhere in this Code, these definitions shall govern and be applicable. BOARD OF SUPERVISORS shall mean the City of Temple City Council. BUILDING CODE, LOS ANGELES COUNTY BUILDING CODE or INTERNATIONAL BUILDING CODE shall mean Title 7, Chapter 1 of the Temple City Municipal Code. BUILDING DIVISION or BUILDING DEPARTMENT shall mean the Building Division of the City Community Development Department. 1 BUILDING OFFICIAL shall mean the Director of Community Development Department, or duly authorized representative, or other designated authority charged with the administration and enforcement of this Code. CALGREEN see GREEN BUILDING STANDARDS CODE definition CITY OR COUNTY may mean City of Temple City or Los Angeles County depending on the context. DANGEROUS FIREWORKS: Any fireworks specified as such in the state fireworks law, Health And Safety Code section 12505, and such other fireworks as may be determined to be dangerous by the state fire marshal. "Dangerous fireworks" shall include any safe and sane fireworks that have been altered in such a manner as to provide said fireworks the qualities of dangerous fireworks as defined herein. DEMOLITION Whenever the term demolition or demolish is used in this Code, it shall pertain to removal oft he entire structure and it shan-include the removal oftheresulting debris from such demolition and the protection or filling of excavations exposed by such demolition as may be required by this Code, relevant laws, ordinances, rules and/or regulations. ELECTRICAL CODE, LOS ANGELES COUNTY ELECTRICAL CODE, NFPA 70, or INTERNATIONAL ELECTRICAL CODE shall mean Title 7, Chapter 3 of the Temple City Municipal Code. ENERGY CODE or INTERNATIONAL ENERGY CONSERVATION CODE shall mean California Code of Regulations Title 24, Part 6 FACTORY-BUILT STRUCTURE shall mean buildings or structures which meet all of the following criteria: (1) Fabrication on an off-site location under the inspection of the State, for which the State inspection agency has attested to compliance with the applicable State laws and regulations by the issuance of an insignia; (2) the bearing of the State insignia and which have not been modified since fabrication in a manner that would void the State approval; and for which the City has been relieved by statute of the responsibility for the enforcement of laws and regulations of the State of California or the City. FIRE CODE, LOS ANGELES COUNTY FIRE CODE, or INTERNATIONAL FIRE CODE shall mean the Title 3, Chapter 1 of the Temple City Municipal Code. FIRE CHIEF shall refer to the Los Angeles County Fire Chief. FIREWORKS PERMIT: A permit issued by the city to sell safe and sane fireworks within the city in accordance with the provisions of this chapter. FUEL GAS CODE OR INTERNATIONAL FUEL GAS CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. 2 GREEN BUILDING STANDARDS CODE or LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE shall mean Title 7, Chapter 6 of the Temple City Municipal Code. HEALTH CODE or LOS ANGELES COUNTY HEALTH CODE shall mean Title 3, Chapter 2 of the Temple City Municipal Code. MECHANICAL CODE, LOS ANGELES COUNTY MECHANICAL CODE, or INTERNATIONAL MECHANICAL CODE shall mean Title 7, Chapter 2 of the Temple City Municipal Code. MINOR: A person under the age of eighteen ( 18) years. (Ord. 13-968) NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT shall mean a permit issued as required by the Federal Clean Water Act in order to protect receiving waters. The NPDES permit requires controls to reduce the discharge of pollutants into storrn drains. channels or natural watercourses. NON-INSPECTED WORK shall mean any erection. construction, enlargement, alteration, repair, movement. improvement, removal, connection. conversion. demolition or equipping, for which a permit was first obtained, but which has progressed beyond the point indicated in successive inspections without first obtaining inspection by and approval of the building official. PLUMBING CODE, LOS ANGELES COUNTY PLUMBING CODE, or INTERNATIONAL PLUMBING CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. RESIDENTIAL BUILDING CODE. LOS ANGELES COUNTY RESIDENTIAL CODE. or INTERNATIONAL RESIDENTIAL CODE shall mean Title 7, Chapter 5 of the Temple City Municipal Code. ROAD COMMISSIONER CODE shall mean the City Engineer. SWIMMING POOL CODE shall mean Title 7, Chapter 7 of the Temple City Municipal Code. UNINCORPORATED PORTION OF THE COUNTY OF LOS ANGELES shall mean the City of Temple City. UNPERMITTED STRUCTURE shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time. without the required approval(s) and permit(s) having first been obtained from the building official. SECTION 3103 CODE SECTION SPECIFICS. SECTION 56 Section l 09.4 is hereby amended to read as follows: 3 109.4 VIOLATION PENALTIES. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof, or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor unless such violation is declared to be an infraction by Chapter 82 of this code, punishable by a fine of not more than $1,000 or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. For the purposes of this section, a forfeiture of bail shall be equivalent to a conviction. Any person who causes, permits, aids, abets, or suffers a violation of any provision of this chapter (including a violation of subsection 31 06B of this chapter), or who fails to comply with any obligation or requirement of this chapter, or who fails to strictly adhere to any condition of a permit issued pursuant to this chapter, is subject to an administrative fine in accordance with title 1, chapter 4 of this code. SECTION 222, Section 5601.3 is amended to read as follows: 5601.3 FIREWORKS ADMINISTRATION. Except as otherwise provided in this chapter, no person shall use, discharge, sell, offer for sale, or display for sale any safe and sane fireworks within city limits. It shall also be unlawful for any person having care, custody, or control of real property to suffer or permit any person to use, discharge, sell, offer for sale, or display for sale any fireworks thereon unless in accordance with the provisions of this chapter. 5601.3.1 Hours Of Discharge: Except as otherwise provided in this chapter, it shall be unlawful for any person to use or discharge any safe and sane fireworks except on July 4 during the hours of twelve o'clock (12:00) noon to ten o'clock (10:00) P.M. 5601.3.2 Location Limitations Of Discharge: Except as otherwise provided in this chapter, it shall be unlawful for any person to ignite, discharge, project or otherwise fire or use any safe and sane fireworks upon or over or onto the property of another without his/her consent or within ten feet (1 0') of any residence, dwelling or other structure used as a place of habitation by human beings or within any city park. No person shall ignite, discharge, project or otherwise fire or use any safe and sane fireworks within fifty feet (50') of any fireworks stand. 5601.3.3 Discharge By Minors Prohibited: It shall be unlawful for any minor to use, discharge, explode, fire, or set off any safe and sane fireworks unless under the direct supervision and in the immediate presence of a parent, legal guardian, or other custodial adult eighteen (18) years of age or older and during the times permitted by this chapter. It shall also be unlawful for any person having the care, custody or control of a minor to permit such minor to use, discharge, explode, fire or set off any dangerous fireworks or any altered safe and sane fireworks, at any time, or to permit such minor to use, 4 discharge, explode, fire or set off any safe and sane fireworks unless such minor does so under the direct supervision and in the immediate presence df a parent, legal guardian, or other custodial adult eighteen [18) years of age or older and during the times permitted by this chapter. The possession, manufacture, storage, sale, handling, and use of fireworks is prohibited unless otherwise provided in this chapter. Exceptions: 1. Storage and handling of fireworks as allowed by State law. 2. Manufacture, assembly, and testing of fireworks as allowed by State law. 3. The use of fireworks for fireworks displays as allowed in California Code of Regulations Title 19, Division 1, Chapter 6--Fireworks. 4. The possession, storage, sales, handling, and use of California State Fire Marshal classified safe and sane fireworks as allowed by state law and local ordinance in accordance with California Health and Safety Code section 12541.1. Retail sales and use of California State Fire Marshal classified snap caps or party popper pyrotechnic devices. 1 09 .3.4 Seizure of Fireworks in Violation of Chapter: The fire chief (or designee thereof) shall seize, take, remove, and dispose of [in an approved manner) or cause to be seized, removed, and disposed of (in an approved manner), at the expense of the owner of same, all fireworks offered or exposed for sale, stored, possessed, or used in violation of this code. The seizure and disposal shall be conducted in accordance with the California Health And Safety Code and other applicable laws 5601.4 SALE OF SAFE AND SANE FIREWORKS: 5601.4.1 Permit Required: It shall be unlawful for any person to sell, offer for sale, or display for sale any safe and sane fireworks within the city limits without having first procured a valid fireworks permit in accordance with the provisions of this chapter. 5601.4 2. Location Of Sales: It shall be unlawful for any person to sell, offer for sale, or display for sale any safe and sane fireworks within the city limits unless the sale, display for sale, or offer for sale occurs within a designated structure pursuant to section 5601.8 of this chapter. 5601.4.3 Hours Of Sale: It shall be unlawful to sell, offer for sale, or display for sale any safe and sane fireworks within the city limits except on July 1 through July 3, between the hours of eight o'clock (8:00) A.M. and ten o'clock (1 0:00) P.M.; and on July 4 between eight o'clock (8:00) A.M. and eight o'clock [8:00) P.M. 5601.4.4 Sale To Minors Prohibited: It shall be unlawful for any person to cause, permit, allow, aid, abet, or suffer the sale of any safe and sane fireworks to a minor at any time. 5601.5: PERMIT FOR PUBLIC DISPLAYS OF FIREWORKS AND/OR SPECIAL EFFECTS: 5 5601.5.1 Permit Required: It shall be unlawful to cause, allow, permit, aid, abet, or suffer any discharge of dangerous fireworks (including a public display) or any use of special effects without having first obtained a permit therefor from the fire chief. 5601.5.2 Rules And Regulations: The fire chief shall have authority to adopt reasonable rules and regulations for the granting of nontransferable permits for those activities contained in section 12640 of the California Health And Safety Code, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, or for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled by a licensed pyrotechnic operator3 in accordance with a city issued permit, and shall be of such character and so located, discharged or fired as in the opinion of the fire chief or his designee, after proper investigation, will not be hazardous or endanger any person. A permittee shall strictly adhere to any rules, regulations, or conditions pertaining to the granting of a permit. 5601.5.3 Required Bond/Insurance: The permittee for a fireworks display shall furnish a bond or certificate of insurance ih an arnount deerned adequate by the city manager (or designee thereof) for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee and/or agents, employees, or subcontractors thereof. 5601.5.4 Disposal Of Unused Fireworks: The permittee of any fireworks display, having any fireworks that are unfired after the display has concluded, shall immediately dispose of same in a safe manner for the particular type of fireworks remaining and in accordance with all applicable laws. 5601.6 PERMIT APPLICATION PROCEDURE: Upon receipt of written application for a fireworks permit, the city manager shall make an investigation and submit to the city council a report of his findings and his recommendations for or against the issuance of a permit, together with his reasons therefor. After receipt of such recommendations and report the city council shall have the power, in its discretion, to grant or deny the application. Any permit granted by the city council may be subject to such reasonable conditions and restrictions as may be imposed by the city council and such conditions and restrictions shall be complied with by the permittee. The city council shall require a cash deposit with the city clerk in the sum of one hundred dollars ($1 00.00) for each twenty four feet (24') in length or portion thereof, of the fireworks stand to be used by the applicant as a condition of granting a permit. Such deposit shall be refunded to the permittee upon compliance with all code provisions, but such deposit shall be forfeited and retained by the city in the event of noncompliance. Applications for such permit: A. Shall be made in writing. B. Shall be accompanied by a current roster of members. 6 C. Shall be filed with the city manager between January 1 and March 31 of each year. D. Shall set forth the proposed location of any and all fireworks stands applied for, and the length thereof. E. Shall be accompanied by a certificate of insurance in the amount of one million dollars ($1 ,000,000.00) public liability with an endorsement attached to the policy designating the city of Temple City as additional insured. F. Shall be accompanied by a nonrefundable permit fee as set and/or modified by resolution of the city council. G. Applicants for any such permits shall be notified by the city manager of the granting or rejection of their application for permit on or before May 1 of each calendar year. H. Upon approval of permit, applicant shall be issued a separate temporary business license. The fee shall be waived by the city council. Each such application shall show the following: A. Name and address of applicant. B. The applicant's status as a nonprofit organization. C. The name and address of the officers, if any, of the applicant. D. The location where the applicant will sell fireworks. E. When the applicant was organized and established. F. The location of the applicant's principal and permanent meeting place. G. The applicant's state board of equalization sales tax permit number. 5601.7 QUALlFICATIONS OF PERMITTEES: A. No permit shall be issued to any person except nonprofit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes. Each such organization must have its principal and permanent meeting place in the city and must have been organized and established in the area that is within the city for a minimum of two (2) years continuously preceding the filing of the application for the permit and must have a bona fide membership of at least twenty (20) members. B. Every stand shall submit to the city by October 30 of each year, a copy of the state board of equalization's state, local and district sales and use tax return from the operation of the fireworks stand for the prior July. Failure to do so shall result in the following: 7 1. Unable to get a permit for the following year; and 2. The deposit placed with the city shall be held until such time the report is filed but no longer than one year from the due date, at which time the deposit is thereby forfeited to the city. C. No more than twelve ( 12) fireworks permits shall be issued in any year. Fireworks permits shall be issued first to those qualified persons who held a fireworks permit during the previous year. If there are any remaining available fireworks permits after those seeking a repeat permit have been considered, the remaining permits shall be distributed by lottery. 5601.8 OPERATION OF STANDS: The following regulations shall be complied with in the operation of fireworks stands: A. No person other than the licensee organization, its members and members of their families. shall operatethestand for which the license is issued, or share or otherwise participate in the profits of such stand. No assignment or licensing or other use of the permit may be permitted. B. No person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members. shall sell or otherwise participate in the sale of fireworks at such stand. C. No person shall be paid consideration for selling or otherwise participating in the sale of fireworks at such stand. D. Each person, group or organization shall be limited to one permit per year and each permit shall be limited to one stand. All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand and the sale from any other building or structure is hereby prohibited. Such temporary stands shall be subject to the following provisions: A. Fireworks stands need not comply with the provisions of the building code of the city provided, however. that all stands shall be erected under the supervision of the inspector who shall require that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons, and any stands constructed shall obtain an electrical permit from the city. B. If, in the judgment of the fire department and the building inspector of the city, the construction of the stands or the conduct of the operators therein do not conform to the provisions of this code, such officers. or either of them, may order the stands immediately to close. C. No person shall be allowed in the interior of the stand except those directly employed in the sale of fireworks. 8 D. There shall be at least one supervisor, twenty one (21) years of age or older, on duty at all times. No person under eighteen ( 18) years of age shall be allowed inside the booth at any time. E. No fireworks shall remain unattended at any time regardless of whether the fireworks stand is open for business or not. No person shall sleep in the stand. F. No stand shall be placed closer than twenty five feet (25') to any other building. G. "NO SMOKING" signs shall be prominently displayed both inside and outside the stand. No smoking shall be permitted within the stand, or within fifteen feet ( 15') of the stand. H. All weeds and combustible material shall be cleared from the location of the stand. No rubbish shall be allowed to accumulate in or around any fireworks stand, nor shall a fire nuisance be permitted to exist. I. No stand shall be erected before June 15 of any year. The premises on which the stand is erected shall be cleared of all structures and debris within seventy two (72) hours after twelve o'clock (12:00) midnight of July 4. J. All stands must be equipped with at least one fire extinguisher, type 2A. for each exit in the stand, which fire extinguishers must be approved as to efficiency and safety by the fire department. K. Each stand in excess of twenty feet (20') in length must have at least two (2) exits and each stand in excess of forty feet (40') in length must have at least three (3) exits spaced approximately equidistant apart, provided however, that in no case shall the distance between exits exceed twenty feet (20'). L. No stand shall be constructed with a depth of more than twelve feet (12'). M. "No Drinking of Alcoholic Beverages" signs shall be prominently displayed both inside and outside the stand. No drinking of alcoholic beverages shall be permitted within the stand, or within fifteen feet (15') of the stand; nor shall any person handling or selling fireworks be under the influence of alcohol or any other controlled substances; nor shall any alcoholic beverages or controlled substances be contained within the stand. SECTION 3104 FINDINGS OF LOCAL CONDITIONS. The Temple City Council hereby finds, determines and declares that those certain amendments to the State Fire Code made by the County of Los Angeles are appropriate and necessary to meet local conditions existing in the City of Temple City, and this Council hereby further finds, determines and declares that each such change is required for the protection of the public safety and is reasonably necessary because of local climatic, geological, or topographic conditions. 9 SECTION 3105 CONTINUATION OF EXISTING LAW. Where they are substantially the same as existing law, the provisions of the City of Temple City Fire Code shall be considered continuations of existing law and shall not be considered new enactments. SECTION 3106 CATCH LINES OF SECTIONS. The catch lines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections; nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or reenacted. SECTION 3107 SEVERABILITY OF PROVISIONS. If any section, subsection, sentence, clause, phrase or portion of this ordinance and/or the code adopted thereby is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Temple City Council hereby declares that it would have adopted this ordinance and the code adopted thereby and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional. SECTION 3108 CERTIFICATION AND PUBLICATION. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary of same to be published once in a newspaper of general circulation within the City of Temple City. The Building Official shall file a copy of the same with the California Building Standards Commission. 10