HomeMy Public PortalAboutOrd. 1498ORDINANCE NO. 1498
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AMENDING SECTION 12 -1 OF THE LYNWOOD
MUNICIPAL CODE TO INCORPORATE BY REFERENCE
REQUIREMENTS OF THE LOS ANGELES COUNTY FIRE CODE
AS REQUIRED BY SECTION X OF THE AGREEMENT FOR
SERVICES BY AND BETWEEN THE CONSOLIDATED FIRE
PROTECTION DISTRICT OF LOS ANGELES COUNTY AND
THE CITY OF LYNWOOD
WHEREAS, the City of Lynwood is a general law city located in the
County of Los Angeles, and organized and existing under and by virtue of the
laws and constitution of the State of California; and
WHEREAS, the Consolidated Fire Protection District of Los Angeles
County ( "District ") is a fire protection district, organized and existing under and by
c f th of +he Stofm of r ' `; f or m • and
WHEREAS, State law, including but not limited to the Cortese -Knox
Local Government Reorganization Act of 1985 (Cal. Gov't. Code Sections 56000
et seq.), provides that local government agencies and service districts may be
consolidated where this better enables them to assess and be accountable for
community service needs and financial resources; and
WHEREAS, the residents of the City of Lynwood and of the County of
Los Angeles, with the goal of achieving superior, more cost- effective fire service,
desire the consolidation of the Lynwood Fire Department and the Consolidated
Fire Protection District of Los Angeles County; and
WHEREAS, on November 4, 1997, at a duly noticed election held and
conducted in accordance with applicable law, the voters of the City of Lynwood
approved an initiative measure, properly qualified and listed on the ballot as
Proposition T; and entitled "CITY OF LYNWOOD FIRE PROTECTION AND
EMERGENCY ft=nir Ai qPp . ! r'ES CT and
WHEREAS, Proposition T had the general effect of transferring
responsibility for providing fire protection, emergency medical services, and
protection from hazardous materials from the Lynwood Fire Department to the
Consolidated Fire Protection District of Los Angeles County (the "District "); and
I
i
WHEREAS, Proposition T also authorized the Lynwood City Council to
take all necessary steps to carry out these provisions; and
WHEREAS, the de_ tails of the consolidation were to be specified i a
consolidation agreement between the City and the District; and
WHEREAS, on April 18, 2000, at a properly- noticed, open meeting,
conducted in accordance with all applicable law, the Lynwood City Council duly
approved a proposed consolidation agreement with the District, entitled
"AGREEMENT FOR SERVICES BY AND BETWEEN THE CONSOLIDATED
FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY AND THE CITY
OF LYNWOOD" ( "Agreement "); and
WHEREAS, on July 12, 2000, at a regular meeting, the Los Angeles
County Local Agency Formation Commission voted unanimously to approve the
consolidation; and
WHEREAS, Section X of the Consolidation Agreement requires the City to
adopt, by ordinance, the Los Angeles County Fire Code as of the
commencement date of service; and
WHEREAS, under Section X this ordinance must also adopt all existing
City amendments to the County of Los Angeles Fire Code as a separate
attachment; and
WHEREAS, the District is required to enforce applicable amendments
specific to the City; and
WHEREAS, Section X also provides that, where differences exist between
the Los Angeles County Fire Code and the amendments adopted by the City, the
City amendments will take precedence unless an impracticality of enforcement
can be demonstrated; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The heading for Section 12 -1 of the Lynwood Municipal Code is
amended to read as follows:
12 -1 UNIFORM LOS ANGELES COUNTY FIRE CODE:
Section 2. Section 12 -1.1 of the Lynwood Municipal Code is amended to read as
follows:
12 -1.1 Los Angeles County Fire Code Adopted: Except as
hereinafter provided, the County of Los
Angeles Fire Code ( "County Fire Code" or "Fire Code ") as adopted by the
Count;+ of Los Angeles as of the date of commencement of County fire
service in the City of Lynwood, and the appendices and subsequent
amendments thereto, as premulgated and published by the intefflatie
the ` este Fe Ghe "....,,,.; is adopted by reference and
incorporated herein as through fully set forth and shall constitute the Fire
Code of the City. A copy of that Code has been deposited in the office of
the City Clerk for use and examination by the public. In case of any
conflict between the County Fire Code and the amendments thereto
adopted by the City and set forth in Section 12 -1.2 below, the City
amendments shall take precedence unless an impracticality of
enforcement can be demonstrated. In the event of any conflict between a
provision of the UnifeFffl County Fire Code and a provision of the
California Fire Code that is applicable to cities, as contained in part 9 of
title 24 of the Code of California Regulations, the provision of the
California Fire Code will prevail.
Section 3. Section 12 -1.2 of the Lynwood Municipal Code is amended to read as
follows:
12 -1.2 Amendments to the County Fire Code:
a. Subsection 105.2.2 of the County Fire Code, entitled "Expiration," is amended
in its entirety to read as follows:
A permit issued under this Fire Code shall continue until revoked or for
such a period of time as designated therein at the time of issuance; provided,
however, that no permit shall continue in effect for more than five (5) years.
Permits shall not be transferable, and any change in use, occupancy or
ownership shall require a new permit.
b. Subsection 7802.3 of article 78 of the County Fire Code, entitled
"Prohibition," is amended in its entirety to read as follows:
!
rExcep sp �.,.. as sr� .:= � cal: I
y crovided in this subsec and in Section 12-
2 of this Chapter 12, it is unlawful for any person to possess, store, offer
for sale, expose for sale, sell at retail, or use or explode any fireworks;
provided, that the Chief is authorized to adopt reasonable rules and
regulations for the granting of permits for supervised public displays of
fireworks by the City, fair associations, amusement parks, and other
organizations, or for the use of fireworks by artisans in pursuit of their
trade. Every such display or use must be handled by a qualified operator
approved by the Chief, and shall be of such a nature, and located,
11,
discharged or fired in such a manner that, in the opinion of the Chief after
proper investigation, it will not be hazardous to property or endanger any
person.
c. Section 1003 ( "Fire- Extinguishing Systems ") of the Count v Fire Code is
amended by adding the following language to subsection 1003.1 thereof:
Subject to the approval of the building official and with the concurrence of
the Chief, an automatic sprinkler system is required to be installed in connection
with the following:
(a) Any new building constructed as a nonresidential occupancy
that exceeds ten thousand (10,000) square feet of floor area; and
(b) Any existing nonresidential building having less than ten
thousand (10,000) square feet of floor area which, after completion
of major alterations or additions, will have in excess of ten thousand
(10,000) square feet of floor area.
Any automatic sprinkler system installed in a nonresidential building
described above in subparagraphs (a) and (b) must be equipped with a
device, approved by the Chief that automatically transmits a water flow
alarm to the Fire Department upon activation of the system.
Exception: These requirements do not apply to any freestanding
parking structure. The term "freestanding parking structure" means a
garage with one or more levels devoted solely to parking that is
structurally independent and not part of a larger building. A garage is
deemed to be structurally independent even though it is connected to
another building by pedestrian bridges.
d. Article 79 ( "Flammable and Combustible Liquids ") of the County Fire
Code is amended by amending subsection 7902.22.1 thereof to read as follows:
7902.2.2.1 Locations where aboveground tanks are prohibited.
Storage of Class I and II liquids in aboveground tanks outside of buildings
is prohibited everywhere within the City limits except on property zoned M
by the Zoning Ordinance.
e. Article 79 ( "Flammable and Combustible Liquids ") of the County Fire
Code is amended by adding the following language to subsection 7904.4.1:
No new bulk plants or terminals may be located anywhere within
the City limits except on property zoned M by the Zoning Ordinance.
f. Article 82 ( "Liquefied Petroleum Gases ") of the County Fire Code is
amended by adding the following language to subsection 8204.2:
No bulk storage of liquefied petroleum g is authorized anywhere
within the City limits except on property zoned M or C -3 by the Zoning
Ordinance.
g. Article 77 ( "Explosive Materials ") of the County Fire Code is amended
by amending subsection 7701.7.2 thereof to read as follows:
7701.7.2 Limits Established by Law. Storage of explosive materials
is prohibited everywhere within the City limits except on property zoned M
by the Zoning Ordinance.
h. Subsection 103.1.4 of the County Fire Code, entitled "Appeals," is
amended in its entirety to read as follows:
103.1.4 Board of Appeals
a. General. In order to determine the suitability of alternate
materials and types of construction and to provide for reasonable
interpretations of the provisions of this Fire Code, a Board of
Appeals is established consisting of five members, all of whom shall
be duly elected members of the City Council. The Chief shall be an
ex officio member and shall act as Secretary of the Board. The
Board may adopt reasonable rules and regulations for conducting
its proceedings.
b. Appeals. Appeals to the Board of Appeals shall be processed
and determined in accordance with the provisions contained in
Subsection 11 -1.2 of Section 11 -1 of Chapter 11 of the Municipal
Code.
L
Section 4. All references to "Uniform Fire Code" in Sections 12 -1.3, 12 -1.4, 12-
1.5, 12 -1.6, 12 -1.7, and 12 -1.8 of the Lynwood Municipal Code are changed to
"County Fire Code."
E
PASSED, APPROVED and ADOPTED this 20th day of September
2000.
ATTEST: _
4LU S BYRD, M yor
City of Lynwood
ANDREA L. HOOPER, City Clerk
City of Lynwood
a
RA IS, City Manager
City of Lynwood
APPROVED AS TO FORM:
S AN K. TH VER, City Attorney
ity of Lynwood
APPROVED AS TO CONTENT:
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the foregoing ordinance was passed and adopted by the City Council of the City
of Lynwood at a regular meeting held on the 20th day of September, 2000.
AYES: REA, REYES, RICHARDS, SANCHEZ, BYRD
NOES: NONE
ABSENT: NONE
City Clerk, City of Lynwood
I
i
STATE OF CALIFORNIA )
)SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true
and correct copy of Ordinance No. 1498 on file in my office and that
said ordinance was adopted on the date and by the vote therein stated.
Dated this 20th day of September, 2000.
City Clerk