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Home My WebLink About1732 - ORDINANCES - 12/19/2007 ORDINANCE NO. 1732 AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE CALIFORNIA FIRE CODE, 2007 EDITION FROM JANUARY 1, 2008 THROUGH MARCH 31, 2008. City Attorney Summary This urgency ordinance adopts and amends the 2007 Edition of the California Fire Code, adopted by the State of California and effective for the period between January 1, 2008 and March 31, 2008. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Section 11.02.010 of the Palm Springs Municipal Code is hereby repealed and replaced as follows: 11.02.010 California Fire Code Adopted. That certain document, a copy of which is on file in the office of the City Clerk, entitled, "California Fire Code, 2007 Edition" including Appendix Chapter 1 and Appendix Chapter 4, Appendices B, C, E, F, G, and H, thereto, except as hereinafter modified, are hereby adopted as the Fire Code of the City of Palm Springs by reference, pursuant to the provisions of Government Code Section 50022.1 et seq. SECTION 2. Section 11.02.020 of the Palm Springs Municipal Code is hereby repealed and replaced as follows: 11.02.020 Additions, deletions and amendments. The California Fire Code, 2007 Edition, adopted herein by reference is amended by the following additions, deletions and amendments: 1) Amend subsection 308.3 Open-flame devices. A person shall not utilize or allow to be utilized, an open flame or use of a tiki/luau torch in connection with a public meeting or gathering for purposes of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation or similar purpose in Group A or E occupancies without first obtaining a permit in accordance with Appendix Chapter 1, Section 105.6. 2) Add subsection 308.7 Installation of permanent tiki and/or luau torches using liquid fuel or natural gas. Ordinance No. 1732 Page 2 1. Installer shall submit plans to the Planning Department for review and approval. After Planning Department approval, the plans must be reviewed and approved by the Building Department and Fire Prevention Division. After all approvals, installer must obtain an operational permit for use of an open flame device. 2. Maximum length of flame shall not exceed twelve (12) inches. 3. Flame shall be a minimum of eight feet (8) from ground level and entire torch shall be entirely on private property- 4- Minimum size of pipe support shall be one and one half inches (1 1/2") in diameter. EXCEPTION: If mounted on a structure and braced to the satisfaction of the inspection authority, minimum size could be one inch (1"). A radius of five feet (5') between torch burner and combustibles shall be maintained. 5. Where natural gas or LPG is used, an approved shut-off valve shall be located at or near the base of the torch and a labeled secondary shut-off shall be located at a readily accessible remote location. Secondary valves may operate one or more torches. 3) Amend subsection 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in locations described in this section. An approved automatic fire sprinkler system shall be installed in every building where the gross fire area exceeds 3,000 square feet. An approved automatic fire sprinkler system shall be installed in any building, regardless of gross fire area, which is built beyond a five-minute fire department emergency response time as defined from time to time by resolution of the City Council. For purposes of this code subsection regarding building size, fire resistive construction shall not be considered for purposes of reducing the gross fire area of that building. In all Group R occupancies, the locally modified standard for installation of fire sprinkler systems shall be used. 4) Add Exception #3 and #4 to subsection 0032 Where required. Exceptions. #3. Detached single-family residences. Ordinance No. 1732 Page 3 #4. Group R-3 occupancies in Tracts 2082, 2928, 3600 and 8137 are exempt from the five-minute response time fire sprinkler requirement. 5) Amend subsection 903.2.1 Group A. An approved automatic fire sprinkler system shall be installed in every Group A Occupancy including those that result from a change of use in an existing building or portion thereof. 6) Add subsection 9072.10.5.4 Existing Group R-3 occupancies. Upon sale of any residential dwelling and factory-built housing, the seller shall have installed therein, permanently wired or battery powered approved detectors of products of combustion other than heat only, commonly known as smoke detectors. The smoke detectors are required to be State Fire Marshal approved and listed. The seller must obtain certification from the Palm Springs Fire Department of the installation and proper operation prior to close of sale of property. 7) Amend subsection 2204.3 Unattended self-service motor fuel- dispensing facilities. Unsupervised Dispensing_ Unsupervised dispensing shall not be allowed at motor vehicle fuel-dispensing stations accessible by the general public. Unsupervised dispensing at locations not utilized by the general public is allowed when the owner or operator provides, and is accountable for, daily site visits, regular equipment inspection and maintenance, conspicuously posted instructions for the safe operation of dispensing equipment, and posted telephone numbers for the owner or operators. A sign, in addition to the signs required by Section 2206.6 shall be posted in a conspicuous location reading: IN CASE OF FIRE, SPILL OR RELEASE 1. Use emergency pump shutoffl 2_ Report the accident! Fire Department Telephone No. Facility address During hours of operation, stations having unsupervised dispensing shall be provided with a fire alarm transmitting device. A telephone not requiring a coin to operate is acceptable. Ordinance No. 1732 Page 4 8) Add Section 3309 "Safe and Sane" and Dangerous Fireworks. 9) Add subsection 3309.1 Prohibition. The manufacture, sale, possession, storage, handling or use of "safe and sane" fireworks as currently defined in the California Health and Safety Code section 12529 or "dangerous fireworks" as currently defined in the California Health and Safety Code section 12505 or thereafter amended by state statute is prohibited in the City of Palm Springs. The provisions of this section do not apply to fireworks displays conducted in accordance with the provisions of any permit issued by the Palm Springs Fire Department. 10) Add subsection 3803.2.1.8 New Installation of Liquefied Petroleum Gas. All new installation of liquefied petroleum gas with an aggregate capacity of 2,000 gallons or more shall be protected by an approved automatic fixed water spray system- The system shall protect the entire surface area of the tank and the cargo tanker transfer area. The system shall be calculated to provide a minimum density of .25 gallons per minute per square foot with a one-hour duration water supply. 11) Amend Appendix Chapter 1 Administration, Section 101.1 Title. These regulations shall be known as the Palm Springs Fire Code, hereinafter referred to as "this code"- 12) Amend subsection 101.4 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being expressly declared that this ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted, irrespective of the fact that one or more other section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. 13) Amend subsection 103.4 Liability. Any liability against the Palm Springs Fire Department or any officer or employee shall be as provided for in California Government Code and case law. Fire suppression, investigation and rescue or Ordinance No. 1732 Page 5 emergency medical costs are recoverable in accordance with California Health and Safety Code Sections 13009 and 13009.1. 14) Delete Section 108 of Appendix Chapter 1 Administration. 15) Amend subsection 109.3 Violation penalties. Persons who shall violate a provision of this code, as amended, 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 guilty of a misdemeanor, punishable by a fine of not more than one thousand ($1,000) dollars or by imprisonment not exceeding six (6) 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. The imposition of one (1) penalty for one (1) violation shall not excuse the violation, or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. The application of the above penalty shall not be held to prevent the enforced removal or correction of prohibited conditions. 16) Amend subsection 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation of this code. SECTION 3. SEVERABILITY. If any section, subsection, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Palm Springs, hereby declares that it would have passed this ordinance and each section of subsection, sentence, clause and phrase thereof, irrespective of the clauses or phrases being declared invalid. SECTION 4_ VIOLATION A PUBLIC NUISANCE. The City hereby declares a violation of any provision of this Ordinance or of any code adopted hereby to be a public nuisance. SECTION 5. OPERATIVE DATE. The provisions of this Ordinance shall become operative on January 4, 2008 which is the effective date of the 2007 edition of the California Fire Code, published by the State of California. SECTION 6. EFFECTIVE DATE. This urgency ordinance shall take effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. The Mayor Ordinance No. 1732 Page 6 shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect immediately upon the date adopted. SECTION 7. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof of a display advertisement, duly prepared according to law, to be published in accordance with law. SECTION 8. FINDINGS. This interim urgency ordinance is adopted pursuant to the City's authority over matters of local concern as a charter city and Section 312 of the Palm Springs City Charter. The City Council finds, determines, and declares that this interim urgency ordinance is necessary for the preservation of the public health and safety to ensure that continuation of the existing fire code. The California Building Standards Commission adopted the 2007 Edition of the California Fire Code in July 2007, with an effective date of January 1, 2008- The 2007 Fire Code is based for the first time on the International Fire Code. The City Council, consisting of two members first elected in November of 2007 and first seated on December 5, 2007, requires additional time to review and consider the effects and applicability of the 2007 Edition of the California Building Standards Code. The ninety days provided as the term of this urgency ordinance will provide the City Council with adequate time to complete its review and adopt an appropriate permanent ordinance that can become effective on or before April 1, 2008. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF DECEMBER, 2007. MAYOR ATTEST: ?Y�CLERK�� Ordinance No- 1732 Page 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that the foregoing Ordinance No. 1732 was duly introduced, adopted, and passed as an urgency ordinance at a regular meeting of the Palm Springs City Council on the 19th day of December, 2007 by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet, NOES: None- ABSENT: Mayor Pro Tern Foat. ABSTAIN: None. es Thompson, City Clerk ity of Palm Springs, California cc)1 City of Palm Springs Office of the Ciry Clerk 3200 T hqui¢Cairyun XVav • Palm Sprmg,,Cahfoima 92162 \� TEL (760)323-S 011 • FAX.U60)322-9332 •TMD-(760)364 J317 cq��FpR� January 14, 2008 Mr. Thomas L. Morrison Deputy Executive Director California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833-2936 Re: California Building Standards by the City of Palm Springs, California Dear Mr. Morrison: Enclosed find certified copies of the resolution of express findings, Resolution No. 22115, along with Urgency Ordinances 1731 and 1732 adopting and amending the California Building Standards. Yours truly, ames Thompson City Clerk Enclosures Post Office Box 2743 • Palm Springs, California 92263-2743