HomeMy WebLinkAboutORD NO. 23-1465 (ADOPTING 2023 FIRE CODE) Page 1 of 7 ORD. NO 23-1465
CITY OF HERMOSA BEACH ORDINANCE NO. 23-1465
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS
ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2022 EDITION, WITH CERTAIN CHANGES AND AMENDMENTS; MAKING AMENDMENTS TO SAID CODES;
AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1. RECITALS.
1. In July 2022, the California Building Standards Commission adopted the
2022 Edition of the California Building Standards Code (“CBSC”),
effective January 1, 2023, and codified in Title 24 of the California Code
of Regulations (“CCR”).
2. The CBSC consists of building standards that regulate the erection,
construction, enlargement, alteration, repair, moving, removal,
demolition, conversion, occupancy, equipment, use, height, area,
electrical systems, plumbing, mechanical systems, and maintenance of
all buildings in the state and includes the California Fire Code (CCR, Title
24, Part 9).
3. On January 31, 2023, the Los Angeles County Board of Supervisors
adopted Ordinance No. 2023-0008, amending Title 32 of the Los Angeles
County Code by repealing and replacing it with the 2022 Edition of the
California Fire Code and making certain local changes and
amendments thereto.
4. Pursuant to California Government Code Section 50022.2, the City of
Hermosa Beach (“City”) may adopt the 2022 Edition of the California
Fire Code by reference.
5. Pursuant to sections 17958.7 and 18941.5 of the California Health &
Safety Code, the City may adopt local amendments to the California
Fire Code determined by the City Council to be reasonably necessary
because of local climatic, geological, or topographical conditions.
6. The City desires to adopt Title 32 of the Los Angeles County Code and
the 2022 Edition of the California Fire Code, with local amendments to
provide for the issuance of permits and the collection of fees, to provide
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adequate remedies for code violations, to establish administrative
procedures consistent with City protocols, and to ensure that the state
standards are reasonably tailored to local conditions.
7. Findings. Based on the foregoing, the City Council of the City of
Hermosa Beach does hereby find that the proposed amendments to
the 2022 Edition of the California Fire Code are reasonably necessary for
reasons of local climatic, geologic, and topographic conditions as set
forth in “Exhibit A” of this Ordinance.
SECTION 2. FIRE PREVENTION CODE.
Chapter 15.20 of Title 15 of the Hermosa Beach Municipal Code is hereby
amended in its entirety to read as follows:
“Chapter 15.20 Fire Prevention Code
15.20.010 Adoption of Fire Code. 15.20.020 Automatic sprinkler systems. 15.20.030 Fire protection improvement fee.
15.20.010 Adoption of Fire Code.
Except as hereinafter provided in this chapter and in Chapter 14.08,
Title 32, Fire Code, of the Los Angeles County Code, as amended and in
effect on March 2, 2023, which constitutes an amended version of the
California Fire Code 2022 Edition (Part 9 of Title 24 of the California Code of
Regulations), including current and future errata and supplements,
published by the California Building Standards Commission, is hereby
adopted by reference and made a part of this chapter as though set forth
in this chapter in full. Said codes shall comprise the Fire Code of the City of
Hermosa Beach.
In the event of any conflict between the provisions of the California
Fire Code, 2022 Edition, Title 32 of the Los Angeles County Code, or any
amendment to the Fire Code contained in the Hermosa Beach Municipal
Code, the provision contained in the later-listed document shall control.
A copy of Title 32 of the Los Angeles County Code, along with a copy
of the California Fire Code, 2022 Edition, has been deposited in the office
of the City Clerk and shall be at all times while in force maintained by the
Clerk for use and examination by the public.
Permits, as required by provisions within this code, may be issued for
an identified period of time, subject, however, to the right of the fire chief
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or their designee to revoke said permit for misuse or violation of the terms
of the permit.
15.20.020 Automatic sprinkler systems.
Section 903 of the 2022 California Fire Code, as incorporated into Title
32 of the Los Angeles County Code, is hereby amended to add Section
903.2.13 and to amend Section 903.2 to read as follows:
SECTION 903
903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the locations described in
Sections 903.2.1 through 903.2.13 and Sections 903.2.14 through 903.2.21.
903.2.13 Expansion of existing buildings. An automatic sprinkler system
is required in any existing building subject to alteration or expansion if (1)
the expansion exceeds 50 percent of the existing gross floor area; or (2) the
cost of remodeling, expansion or improvement exceeds 50 percent of the
value of the existing structure as determined by the Building Official.
a. The size or valuation of an existing building shall be deemed to
exceed fifty (50) percent if:
1. The expansion exceeds fifty (50) percent of the existing
gross floor area; or
2. The cost of remodeling, expansion, or improvement
exceeds fifty (50) percent of the value of the existing
structure as determined by the building official.
15.20.030 Fire protection improvement fee.
Section 110 of the 2022 California Fire Code, as incorporated into Title 32 of
the Los Angeles County Code, is hereby amended to add the following section:
Section 110HB: The purpose of the fire protection improvement fee is
to mitigate the fire protection impacts caused by new development in the
city by financing fire protection improvements in direct relation to the
development’s fair share of the construction costs of these improvements.
A. Fire Protection Improvement Fee. The fire protection improvement fee
established by Ordinance No. 88-932 shall continue in effect at the rates
set forth in subsection (C) of this section. The fee shall be paid prior to
issuance of a building permit for any new structure or expansion of an
existing structure as described in subsection (C) of this section in the city.
B. Fee Account. The revenues raised by payment of the fire protection
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improvement fee shall be placed in a separate and special fund and
such revenues, along with any interest earnings on that fund, shall be
used solely to pay for the improvements and apparatus described in
subsection (D) of this section.
C. Amount of Fee.
1. Residential: nine cents ($0.09) per square foot of net floor area.
2. Nonresidential: eleven and one-half cents ($0.115) per square foot
of net floor area. The calculation of floor area shall include the floor
area of all structures including the main structure and any accessory
structures, including, but not limited to garages, structural decks, and balconies, and shall be measured from the outside of the walls or
perimeter of said structures. For new projects, the net floor area shall
be calculated as the total floor area of the new structure minus any
floor area of any existing legally permitted structures demolished as
part of the new project. For existing structures that add floor area,
the fee shall be applied to the net increase in floor area.
D. Use of Fee. The fee shall be solely used to pay for:
1. Fire hydrants; riser connections from main to hydrant; necessary
valves and attachments; repairs to public improvements
necessitated by installation of hydrants, riser connections, valves and
attachments; fire stations, training facilities, administrative offices,
communications centers, and maintenance centers; and firefighting
equipment, vehicles, apparatus, and appliances;
2. Reimbursement to the city for the development’s fair share of those
capital improvements already constructed by the city; and
3. Reimbursement to developers who have constructed public facilities
where those facilities were beyond that needed to mitigate the
impact of the developers’ project.”
SECTION 3. Filing. The City Clerk shall file a certified copy of this Ordinance with
the California Building Standards Commission pursuant to section 17958.7 of the
California Health and Safety Code.
SECTION 4. CEQA. The City Council finds that the adoption of the California
Fire Code, Title 32 of the Los Angeles County Code of Ordinances, and local
amendments thereto is exempt from the California Environmental Quality Act
(“CEQA”) under CEQA Guideline section 15061(b)(3) (the common sense
exemption). The action is largely administrative in nature and designed to
improve and not degrade environmental quality such that there is no possibility
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that adopting this Ordinance would adversely affect the environment in any
manner that could be significant.
SECTION 5. Severability. If any provision of this Ordinance is declared to be
invalid by a court of competent jurisdiction, it shall not affect any remaining
provision hereof. The City Council of the City of Hermosa Beach hereby declares
that it would have adopted this Ordinance despite any partial invalidity of its
provisions.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after
its final passage and adoption, consistent with California Government Code
section 36937.
SECTION 7. Certification. The City Clerk is directed to certify the passage and
adoption of this Ordinance; cause it to be entered into the City’s book of original
ordinances; make a note of the passage and adoption in the records of this
meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED this 11th day, July 2023.
AYES: MAYOR JACKSON, MAYOR PRO TEM MASSEY, COUNCILMEMBERS SAEMANN, FRANCOIS, AND DETOY NOES: NONE
ABSTAIN: NONE ABSENT: NONE
______________________________________________________________________________
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
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Exhibit A
Findings to Support Local Amendments to the
2022 Edition of the California Fire Code
Pursuant to California Health & Safety Code sections 17958.5, 17958.7, and 18941.5,
this Exhibit A to Ordinance No. 23-1465 of the City of Hermosa Beach sets forth the City
Council’s express findings and determinations justifying the City’s local amendments
to the 2022 Edition of the California Fire Code as reasonably necessary because of
local climatic, geologic, and/or topographic conditions.
Chapter 15.20 Amendments to California Fire Code (CFC)
Municipal Code
Section
CFC Section
Added or Amended
Substance of Amendment
(full text in Ordinance No. 23-1465)
Justification (see key below)
Sec. 15.20.020 903.2.13 Requiring automatic sprinklers in
existing buildings subject to
expansion or alteration
B(ii)
Sec. 15.20.030 110HB Fire protection improvement fee A
Justifications KEY:
A – This is an administrative amendment, which does not modify a building standard
as defined in California Health & Safety Code section 18909. The amendment
establishes administrative procedures for the effective enforcement of the building
standards in the City of Hermosa Beach.
B – This amendment is reasonably necessary because of the following local climatic,
geological, or topographical conditions:
i. Local soil and air conditions (salt laden sand and sea mist) tend to be
highly corrosive, thereby diminishing the integrity of metal components
such as cast iron pipes and vents in a shorter time span than in other
areas.
ii. The City of Hermosa Beach is one of the most densely populated cities in
southern California. Homes and other buildings are often six feet or less
from one another making fire spread more likely, and enhancing the
likelihood of rodents to migrate from one to another. Further, the
overhead clutter of utility lines reduces the aesthetic quality of the City. iii. Hermosa Beach is located directly adjacent to the Pacific Ocean and is
subject to storm surge, tsunami impact and high ground water near the
coast. iv. Hermosa Beach has an aging sewer system, portions of which are more
than eighty years old. This amendment assists in reducing blockage of
the system.
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State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
July 19, 2023
Certification of Council Action
ORDINANCE NO. 23-1465
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY
REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE,
INCORPORATING THE CALIFORNIA FIRE CODE, 2022 EDITION, WITH CERTAIN
CHANGES AND AMENDMENTS; MAKING AMENDMENTS TO SAID CODES;
AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE; AND FINDING THE
ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the above and foregoing Ordinance No. 23-1465 was duly
approved and adopted by the City Council of said City at its regular meeting
thereof held on the 11th day of July 2023 and passed by the following vote:
AYES: MAYOR JACKSON, MAYOR PRO TEM MASSEY, COUNCILMEMBERS
SAEMANN, FRANCOIS, AND DETOY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
_____________________________
Myra Maravilla, MPA, CMC
City Clerk
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