Note: Prior ordinance history: Ords. 2052, 2079 and 2082.
Section 102.5 is amended to read as follows:
102.5 Application of Residential Code. Where structures
are designed and constructed in accordance with the International
Residential Code, the provisions of this code apply as follows:
1.
Construction
and designed provisions: Provisions of this code pertaining to the
exterior of the structure will apply including, without limitation,
premises identification, fire apparatus access and water supplies.
Provisions of this code pertaining to the interior of the structure
when specifically required by this code including, without limitation,
Section 903 where interior or exterior systems or devices are installed,
construction permits required by Section 105.6 of this code will also
apply.
2.
Administrative,
operational, and maintenance provisions: All such provisions of this
code will apply.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section 103.4 is added to read as follows:
103.4 Police Powers. The fire marshal and deputies
have the powers of sworn police officers in performing their duties
under this code. When requested to do so by the fire marshal, the
chief of police of the jurisdiction is authorized to assign such available
police officers as necessary to assist the fire marshal in enforcing
the provisions of this code.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section 111, including its subparts is amended in its entirety
to reads as follows:
111.1 Grounds for Appeal. Any aggrieved party may
appeal any of the following decisions of the Fire Chief:
1.
Disapproval
of any application.
2.
Refusal
to grant any permit applied for when it is claimed that the provisions
of this California Fire Code do not apply.
3.
Interpretation
of this California Fire Code.
4.
Determination
of suitability of alternate materials or types of construction or
materials to types of construction or methods.
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111.2 Written Decision. Any such decision must
be in writing and a copy thereof will be served upon the applicant,
if any, by mail. Any such decision will be final, unless an appeal
will be filed there from, within the time and in the manner prescribed
by this section.
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111.3 Appeal Procedure. Any person dissatisfied with any such determination or decision of the Fire Chief has the right of appeal via the Administrative Civil Review Process established under the provisions of Section 5.48.220 of this code.
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(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section 202 is amended by adding the following definition:
A road surface constructed to the minimum standards approved
by the jurisdiction capable of supporting loads of 80,000 pounds.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section 202 is amended by revising the following definitions:
means the Fire Chief or Fire Marshal, or designee, who is
authorized by the Fire Chief to administer and enforce the Code.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section 304.1.2 is amended to read as follows:
304.1.2 Vegetation. Weeds, grass, vines or other
growth that is capable of being ignited and endangering property,
must be cut down and removed by the owner or occupant of the premises.
Vegetation clearance requirements in areas deemed a fire hazard by
the Fire Chief or Fire Code Official must maintain a defensible space
around all buildings and structures as follows:
Ground clearance. The space surrounding every building or structure
must be maintained in accordance with the following:
Any person that owns, leases, controls, operates, or maintains
any building or structure in, upon, or adjoining any mountainous area
or forest-covered lands, brush covered lands, or grass-covered lands,
or any land which is covered with flammable material, must at all
times do the following:
(1)
Maintain around and adjacent to such building or structure a firebreak
made by removing and clearing away, for a distance of not less than
30 feet on each side thereof or to the property line, whichever is
nearer, all flammable vegetation or other combustible growth. This
section does not apply to single specimens of trees, ornamental shrubbery,
or similar plants which are used as ground cover, if they do not form
a means of rapidly transmitting fire from the native growth to any
building or structure.
(2)
Maintain around and adjacent to any such building or structure additional
fire protection or firebreak made by removing all bush, flammable
vegetation, or combustible growth which is located from 30 to 100
feet from such building or structure or to the property line, whichever
is nearer, as required by the enforcing agency if he finds that, because
of extra hazardous conditions, a fire break of only 30 feet around
such building or structure is not sufficient to provide reasonable
fire safety. Grass and other vegetation located more than 30 feet
from such building or structure and less than 18 inches in height
above the ground may be maintained where necessary to stabilize the
soil and prevent erosion.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section 307.1 is amended to reads as follows:
307.1 Bonfires, Weed Abatement, Religious Burning, and
Outdoor Rubbish Fires. No person may build, light, maintain,
or cause or permit to be built, lighted or maintained, any open or
outdoor fire; use, or cause or permit to be used, any fire for clearing
land; burn or cause or permit to be burned, any brush, trash, rubbish,
stubble, or other flammable or combustible material, unless he complies
with the regulations set forth in this section as follows:
1.
Applicant
must first secure from the Fire Chief, or designee, a written permit
for such burning.
2.
Such
burning must be in accordance with the following:
a.
Each
recipient of a written permit for burning must follow all rules shown.
Acceptance of a burning permit will constitute an agreement that the
holder will be responsible for all damages resulting from burning.
b.
Any
such fire must be maintained in one small pile or area that can be
readily controlled.
c.
At
least one adult person must be in actual attendance and in charge
of such fire at all times during its burning. He/she must have on
hand at all such times water, garden hose, shovels, or other fire
extinguishing equipment.
d.
Such
burning will be permitted only at a safe distance from all structures
or other combustible material.
e.
Burning
will be permitted only if there is no appreciable wind.
f.
Upon
completion of any such burning, all resultant embers must be extinguished
and hot ashes must be thoroughly wet down.
3.
The
Fire Chief may prohibit any or all outdoor fires or burning at any
time he/she deems that atmospheric conditions or local circumstances
will make such a fire hazardous.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section 903 is amended as follows:
Amend Section 903.1.2 to read as follows:
903.1.2 Partial automatic fire suppression systems prohibited. Whenever an automatic fire suppression system is installed for any
portion of any building or structure, an automatic fire suppression
system must be installed for the entire building or structure.
Amend Section 903.2 to read as follows:
903.2 Where required. Approved automatic extinguishing
systems must be installed:
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1.
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In all new buildings regardless of the type of construction
or occupancy.
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Exceptions:
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(A)
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Detached Group U occupancies, providing the floor area does
not exceed 1,000 square feet.
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(B)
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Unmanned facilities and/or minor buildings and/or occupancies
as approved by the Fire Chief.
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2.
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In existing buildings with an occupancy change as required by
other sections of the Fire Code.
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Amend Section 903.6 as follows:
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903.6 Existing occupancies. An automatic sprinkler
system will be installed in existing occupancies as follows:
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1.
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In all commercial and industrial buildings greater than 5,000
square feet in area when enlarged by an addition to the existing structure
or as required by the Fire Chief.
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2.
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In all commercial and industrial buildings equal to or less
than 5,000 square feet in area, when enlarged by an addition to the
existing structure, exceeds 5,000 square feet or as required by the
Fire Chief.
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3.
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In all commercial and industrial buildings when an addition
to the existing area exceeds 50% within any twelve-month period.
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4.
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In all residential occupancies when an addition to the existing
living area exceeds 50% within any twelve-month period.
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5.
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As required by the Fire Code due to a change in occupancy.
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6.
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As required by the Fire Code in Chapter 11.
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Amend Section 903.3.1.1 as follows:
903.3.1.1 NFPA 13 sprinkler systems. In other than
Group R buildings that are not over two stories in height, automatic
sprinkler systems will be designed and installed in accordance with
the NFPA 13, 2022 Edition as amended in Chapter 80 except as provided
in Sections 903.3.1.1.1, 903.3.1.1.2, and 903.3.1.1.3.
Add Section 903.3.1.1.4 to read as follows:
903.3.1.1.4 Riser room location. In structures
over three stories in height or served by more than two fire sprinkler
risers, a dedicated Fire Sprinkler Riser Room must be provided at
an approved location. The riser room must be accessible to emergency
personnel from the exterior of the building.
Amend Section 903.3.1.2 as follows:
903.3.1.2. NFPA 13R sprinkler systems. Where allowed
in buildings of Group R, up to and including two stories in height,
automatic sprinkler systems will be installed throughout in accordance
with NFPA 13R, 2022 Edition as amended in Chapter 80.
Add Section 903.3.1.2.4 to read as follows:
903.3.1.2.4 Basement spaces. In residential buildings
with automatic sprinkler systems designed and installed in accordance
with NFPA 13R, basements used for living or storage purposes must
be fully sprinklered with residential type heads.
Add Section 903.3.1.3 to read as follows:
903.3.1.3. NFPA 13D sprinkler systems. Where allowed,
automatic sprinkler systems will be installed in one- and two-family
dwellings will be installed throughout in accordance with NFPA 13D,
2022 Edition as amended in Chapter 80.
Add Section 903.3.1.3.1 to read as follows:
903.3.1.3.1. Detailed requirements. Automatic sprinkler
system protection for one and two-family dwellings will be designed
and installed in accordance with NFPA 13D, 2022 Edition with the following
modifications:
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1.
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A local water flow alarm must be provided for all sprinkler
systems.
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2.
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Attics and basements used for storage purposes must be fully
sprinklered with residential type heads.
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3.
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Overhead piping must be hydrostatically tested for leakage at
200 psi for two hours and inspected before drywall or insulation installation.
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4.
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A minimum of three spare representative sprinkler heads and
installation wrench must be provided at an approved location.
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Amend Section 903.3.5 as follows:
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903.3.5 Water supplies. Water supplies for automatic
sprinkler systems must comply with this section and the standards
referenced in section 903.3.1. The potable water supply must be protected
against backflow in accordance with the Health and Safety Code and
the Monterey Park Municipal Code. Hydraulic calculations for systems
designed per NFPA 13, 13D, or 13R will include a 10% reduction from
the available supply source.
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(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section 907.1.6 is added to read as follows:
907.1.6 Multiple fire alarm systems. Multiple fire
alarm systems within single protected premises must be interconnected
and must transmit signals as one system.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section 1103.2 is amended to read as follows:
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 communication systems
of the jurisdiction at the exterior of the building, must be equipped
with such coverage according to one of the following:
1.
Whenever
an existing wired communication system cannot be repaired or is being
replaced, or where not approved in accordance with Section 5101, Exception
1.
2.
Whenever
total additions result in an increase of more than 6,000 square feet
in the total floor area, including mezzanines or additional stories,
regardless of ownership. Additions must be cumulative with each application
for a building permit from January 1, 2011.
3.
Whenever
the value of alternations requiring permits exceed $500,000 in valuation.
Alterations values must be cumulative with each application for a
building permit from January 1, 2011.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Sections 5601.2 and 5601.3 are amended to read as follows:
5601.2 The manufacture, possession, storage, sale,
transportation and use of explosive materials will be prohibited,
unless it is authorized by the State Fire Marshal. This will not apply
to hand loading of small arms ammunition for personal use when not
for resale.
5601.3 Non-explosive materials must be bolts, explosive
rivets or cartridges for explosive-actuated power tasks in quantities
involving less than 500 pounds.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Sections 5608.1.2 and 5608.1.3 are added to read as follows:
5608.1.2 Permits. It is unlawful for any person
to present or conduct any public display of fireworks within the City
of Monterey Park without first having obtained a permit there from
the Fire Chief or their representative.
5608.1.3 Detailed requirements. The public display
of fireworks within the City of Monterey Park must be in accordance
with Section 5608.1 of this Code and all of the following:
1.
The
Fire Chief is authorized to grant permits for supervised public displays
of fireworks to be conducted by the city or by other organizations.
Every such display must be personally supervised by a competent, licensed
pyrotechnic operator approved by the Fire Chief. Each such display
must be held at an approved location and must be so discharged or
fired as, in the opinion of the Fire Chief after proper investigation,
not to be hazardous to property or to endanger any person.
2.
Applications
for permit must be made in writing at least ten days in advance of
the date of the display. After such permit will have been granted,
the sale, possession, use, and/or distribution of fireworks for such
display will be lawful for the permitted activity and time frame only.
No permit granted under this code will be transferable.
3.
The
permittee must furnish a bond or certificate of insurance in an amount
deemed adequate by the Fire Chief 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,
agents, employees, or subcontractors.
4.
When
required by the Chief, the pyrotechnic operator will employ and provide
additional personnel whose sole duty will be the enforcement of crowd
control around the display area. Unauthorized persons will not be
allowed to enter the discharge site until the site has been inspected
and cleared after conclusion of the display by the pyrotechnic operator.
5.
The
Fire Chief is authorized to require rope barriers, fences, signs or
other devices to be installed around the display area to aid in crowd
control.
6.
The
Fire Chief is authorized to adopt such additional rules and regulations
not inconsistent herewith as are reasonably required to prevent injury
to persons and/or property, including without limitation the requirement
for standby fire personnel or apparatus at the firing site.
7.
If
the Fire Chief or appointed designee determines that there is a lack
of crowd control or that the crowd is in danger, the display will
be immediately discontinued. If at any time high winds or wet weather
creates a danger, the display will be postponed until weather conditions
are acceptable to the Chief.
8.
The
entire firing site must be inspected immediately following a display
and before allowing public access for the purpose of locating unexploded
aerial shells and/or hazardous debris. Unexploded shells will not
be handled within 15 minutes after the time of their firing. Such
shells must then be doused thoroughly with water, allowed to stand
for at least 5 minutes, and then be submersed in a full bucket of
water.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section 5614 is added to read as follows:
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SECTION 5614
FIREWORKS MANUFACTURING
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5614.1 It is unlawful to manufacture fireworks
within the City of Monterey Park.
5614.2 The Fire Chief is authorized to seize, take,
remove or cause to be removed, at the expense of the owner, all stocks
of fireworks or explosives offered or exposed for sale, or stored
or held in violation of this section.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section 5615 is added to read as follows:
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SECTION 5615
SALE OF FIREWORKS
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5615.1 Sales of Fireworks. The sale of "Safe and
Sane" fireworks within the City of Monterey Park city limits will
be in accordance with Section 3301 of the Code, Chapter 5.48 of the Monterey Park Municipal Code, and all of the following:
5615.1.1 It is unlawful for any person to sell,
or to cause or permit to be sold, within the city, any fireworks at
retail without first securing a permit to do so from the Fire Chief.
A separate permit must be obtained for each separate or distinct place
of business or stand. Any person having a permit, who fails to comply
with the conditions of the permit as provided for by this section,
will be deemed to be operating without a permit. Application must
be made no earlier than April 1 and no later than May 15 of each calendar
year.
5615.1.2 The maximum number of permits, which may
be issued will be 20 during any one calendar year.
If the number of applications exceed the number of permits to
be issued, the permittees, who did not violate any requirements of
this chapter during the preceding year, will have first priority for
the available permits until April 15, provided each permittee represents
the same participating organization which operated under the permit
during the preceding year.
If there are any additional permits available, such additional
permits will be granted by a drawing supervised by the license officer,
or other municipal officer designated by the City Council.
1.
The
following qualifications must be met by each application for a permit:
a.
No
permit will be issued to any person, firm, or corporation, except
any veterans organization or any auxiliary of such organization chartered
by the Congress of the United States, maintaining a charter and meeting
place in the City whose membership is composed of members now and/or
heretofore serving in the armed forces of the United States; or, any
nonprofit associations or corporations organized primarily for civic
betterment or youth activities, charitable, or religious purposes.
b.
Each
such organization must have its principal and permanent meeting place
within the city limits of Monterey Park, and must have been organized
and established within the city limits of Monterey Park, and must
have been organized and established within such city limits for a
minimum of one year continuously preceding the filing of an application
for a permit.
c.
No
organization may receive more than one permit for fireworks sales
during any one calendar year.
d.
No
stand will be within 500 feet of another stand.
2.
Each
applicant for a permit must take out and maintain in force, while
any such fireworks stand is open, public liability insurance in an
amount of not less than $1,000,000 for injury to one person, and not
less than $1,000,000 for any one occurrence, and one million dollars
($1,000,000) for damage to property. The City of Monterey Park must
be named as "additional insured" on all policies required hereunder.
Before the issuance of a permit hereunder, each applicant must furnish
evidence satisfactory in form and substance to the city that such
insurance is in force, and adequate legal assurance that the carrier
will give the city at least thirty days' prior written notice of the
cancellation of the policy, during the effective period of the permit.
3.
Applicants
for a permit hereunder must pay a permit fee in accordance with the
City of Monterey Park Master Schedule of Fees and Charges for each
fireworks stand.
4.
It
will be unlawful for any person to sell at retail "dangerous fireworks,"
as defined in the California State Fireworks Law.
5.
No
"safe and sane" fireworks, as defined in the California State Fireworks
Law, will be sold or offered for sale at retail within the City, except
from 12:00 noon on June 28 to 9:00 p.m. on July 4 of each year. In
addition, the discharge of fireworks is limited to 10 a.m. to 10 p.m.
on only July 4.
6.
No
"safe and sane" fireworks will be sold or offered for sale at retail
unless the fuses or other igniting devices are protected by approved
protective caps, or each item or group of items is enclosed or sealed
in a package bearing the California State Fire Marshal's Seal of Registration,
upon which the wholesaler's license number appears.
7.
The
Fire Chief is authorized to promulgate reasonable additional rules
and regulations for the operation of fireworks stands, in order to
eliminate or reduce to a minimum the risk of fire or injury to persons
or damage to property. A copy of any such rules and regulations must
be posted in a prominent place in each fireworks stand. Failure to
comply with said rules and regulations will be grounds for the immediate
revocation of any permit granted under this section.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section 5704.2.9.6.1 is amended to read as follows:
5704.2.9.6.1 The storage of Class I and II liquids
in above ground tanks outside of buildings is prohibited within the
limits established by law as the limits of districts in which such
storage is prohibited.
1.
Class
I and II liquids must be stored in above ground tanks outside of buildings
only at locations in the city zoned or used for Manufacturing purposes,
as designated in the Monterey Park Municipal Code and the zoning map
of the City of Monterey Park.
Exception: Above ground storage tanks dispensing Class I and
II liquids will not be allowed in motor fuel service stations.
2.
The
storage of Class I and II liquids in above ground tanks may be permitted
in other zones if the Fire Chief finds that such use in a particular
installation will not create an unreasonable risk of injury to person
or property after consideration of special factors; such as, topographical
conditions, nature of occupancy and proximity to buildings or adjoining
property, and height and character of construction of such buildings,
capacity and construction of proposed tanks and character of liquids
to be stored, degree of private fire protection to be provided, and
facilities of the Fire Department available to cope with flammable
or combustible liquid fires.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section 6104.2 is amended to read as follows:
6104.2 Liquefied petroleum gas may be stored only
at locations zoned or used for Manufacturing Development purposes,
as designated in the Monterey Park Municipal Code and the zoning map
of the City of Monterey Park.
Such storage, however, may be permitted in other zones if the
fire code official finds that such use in a particular installation
will not create an unreasonable risk of injury to person or property,
after consideration of the special features; such as, topographical
conditions, nature of occupancy and proximity to building or adjoining
property and height and character of construction of such buildings,
capacity and construction of proposed tanks, and character of liquids
to be stored, degree of private fire protection to be provided, and
facilities of the Fire Department to cope with flammable or combustible
liquid fires.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section D103.4 of Appendix Chapter D is amended to read as follows:
D103.4 Dead ends. Dead-end fire apparatus access
roads in excess of 150 feet must be provided with width and turnaround
provisions to the minimum standards adopted by the jurisdiction.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
Section O101.2 of Appendix Chapter O is amended to read as follows:
O101.2 Permits. An operational permit must be required
for haunted houses, ghost walks, or similar amusement uses in accordance
with Appendix O101.2.
EXCEPTION: Haunted houses, ghost walks, or similar amusement
uses in Group R-3 occupancies.
(Ord. 2102 § 13, 2014; Ord. 2103 § 13, 2014; Ord. 2140 § 15, 2016; Ord. 2165 § 16, 2019; Ord. 2224 § 16, 2022)
