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
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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
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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.
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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.
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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:
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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,
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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:
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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.
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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:
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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.
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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.
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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.
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