Item 3 - CONSIDERATION OF ADOPTION OF THE CALIFORNIA FIRE CODEAGENDA ITEM NO.3
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: November 15, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF ADOPTION OF THE CALIFORNIA FIRE CODE
RECOMMENDATION:
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. 2053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING ARTICLE II OF CHAPTER 10 OF THE WEST COVINA
MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022 CALIFORNIA FIRE CODE, WHICH
ADOPTS BY REFERENCE THE 2021 INTERNATIONAL FIRE CODE; AND MAKING
AMENDMENTS THERETO
BACKGROUND:
The California Health and Safety Code requires the California Building Standards Commission to adopt
and publish the California Building Standards Code (Title 24 California Code of Regulations), which
includes the California Fire Code, every three years. The California Fire Code adopts by reference the
International Fire Code. The 2022 California Codes take effect January 1, 2023.
The Fire Department is requesting that the City Council adopt Ordinance No. 2053, which adopts by
reference the 2022 Edition of the California Fire Code, which adopts by reference the 2021 International
Fire Code (collectively referred to as the 2022 Fire Code), with amendments.
At its regular meeting on November 1, 2022, the City Council introduced Ordinance No. 2053 for first
reading.
DISCUSSION:
Provisions of the California Health and Safety Code require the City of West Covina to adopt the 2022
Fire Code by reference. The City is permitted to amend the 2022 Fire Code, provided that the City makes
express findings that the modifications are reasonably necessary due to local climatic, geological, and
topographical conditions, or for administrative reasons. If the City does not adopt the 2022 Fire Code by
January 1, 2023, the 2022 Fire Code will become effective without any local amendments.
Since West Covina has special local climatic, geologic, and topographic conditions, this adoption cycle
involves similar amendments to those adopted in prior adoption cycles. Most of the revisions address
coordination between the California Fire Code sections and those previously adopted in the West Covina
Municipal Code. The amendments also include the carryover of previous City amendments such as
fire -retardant roofing, fireworks code amendments, and fire sprinkler requirements.
The following is a summary of the City's local amendments to the California Fire Code:
Continue City's establishment of storage limits (2,000 gallons max) of liquefied petroleum gasses
as jurisdictions establish the limits.
Fire Inspections Requirements for State -Mandated Inspections:
*Additional Fire Code Appendices added to the WCMC: 2022 Fire Code Appendix Chapter 4.
Residential Fire Sprinkler Requirement:
. Fire Code Section 903.2, (2) exception, fire sprinkler requirement has been changed from
one thousand (1,000) square feet to one thousand two hundred (1,200) square feet. This
change will provide alignment between the WCMC and California SIB 1069 unit requirements.
Keeping Fireworks Illegal in West Covina:
*Section 5608 is amended to not allow a 2022 California Fire Code fireworks exception
relating to the possession, storage, and handling of Division II AG fireworks.
Fire Department staff has reviewed the proposed ordinance and revisions to the WCMC to ensure
consistencies in proper enforcement of the regulations.
As noted above, the California Health and Safety Code requires the City, prior to making any
modifications or changes to the 2022 Fire Code, to make express findings that such modifications or
changes are reasonably necessary because of local climatic, geological or topographical conditions. On
November 1, 2022, the City Council adopted Resolution No. 2022-111, which sets forth the following
express findings relating to the local climatic, geological and topographic conditions in West Covina that
make the amendments reasonably necessary:
Finding No. 1 — Climatic Conditions: The City of West Covina experiences low humidity, high winds,
and warm temperatures throughout the year creating conditions which are particularly conducive to the
ignition and spread of grass, brush, and structure fires.
Finding No. 2 — Topographical Conditions: The hillside areas in the City along with long, narrow
roadways significantly impact the ability of emergency responders to extinguish or control wildland or
structure fires.
Finding No. 3 — Geographic Conditions: The City of West Covina is situated adjacent to active
earthquake faults capable of producing substantial seismic events. Should a significant seismic event
occur, uncontrolled hazardous materials releases and fires could pose the greatest threat to the largest
number of people. Since the City is divided by a freeway and highway, a major earthquake would
significantly impact the ability of fire crews to respond to emergencies should one or more roadways be
blocked or damaged due to bridge collapse or debris from falling structures. Additionally, fire suppression
capabilities will be severely limited should the water system be extensively damaged during the seismic
event.
Staff recommends that the City Council adopt Ordinance No. 2503. The ordinance will be effective on
January 1, 2023.
LEGAL REVIEW:
The City Attorney's Office has reviewed the ordinance and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Approve staffs recommendation; or
2. Provide alternative direction.
ENVIRONMENTAL REVIEW:
The proposal is not subject to the California Environmental Quality Act (CEQA) per Section 15061(b)(3)
of the CEQA Guidelines, which provides that CEQA only applies to activity that results in direct or
reasonably foreseeable indirect physical change in the environment and for activity considered to be a
project, respectively. The amendment to the West Covina Municipal Code would not result in a physical
change as it involves the adoption of 2022 Fire Code which provides for ministerial review.
Prepared by: Sherri Yuasa
Additional Approval: Stephanie Sikkema
Fiscal Impact
FISCAL IMPACT:
This is strictly an administrative item, therefore; there is no fiscal impact associated with this action.
Attachments
Attachment No. 1 - Ordinance No. 2503
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Enhance City Image and Effectiveness
A Well -Planned Community
ATTACHMENT NO. 1
ORDINANCE NO. 2503
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING ARTICLE II OF CHAPTER 10
OF THE WEST COVINA MUNICIPAL CODE TO ADOPT BY
REFERENCE THE 2022 CALIFORNIA FIRE CODE, WHICH
ADOPTS BY REFERENCE THE 2021 INTERNATIONAL FIRE
CODE; AND MAKING AMENDMENTS THERETO
WHEREAS, the California Building Standards Commission recently published the 2022
California Building Standards Code, which includes the 2022 California Fire Code (the "2022 Fire
Code"); and
WHEREAS, the 2022 Fire Code will be effective on January 1, 2023; and
WHEREAS, Section 17958.5 of the California Health and Safety Code permits the City to
make changes or modifications to the 2022 Fire Code, which incorporates by reference the 2021
International Fire Code with California amendments, as codified within the 2022 Fire Code, as
such changes are reasonably necessary because of local climatic, geographical or topographical
conditions; and
WHEREAS, Section 13143.5 of the California Health and Safety Code permits the City,
by ordinance, to make changes or modifications to the 2022 Fire Code that are more stringent
than the requirements published in the 2022 Fire Code, relating to fire and panic safety; and
WHEREAS, prior to making any modifications or changes pursuant to Section 17958.5 of
the California Health and Safety Code, Section 17958.7 of the Health and Safety Code requires
the City to make express findings that such modifications or changes are reasonably necessary
because of local climatic, geological or topographical conditions; and
WHEREAS, the findings and local amendments apply to all occupancy classifications,
unless specified otherwise; and
WHEREAS, the City Council of the City of West Covina has determined that modifications
to the 2022 Fire Code are reasonably necessary due to local climatic, geological, and
topographical conditions, as detailed in Resolution No. 2022-111; and
WHEREAS, all legal requirements prior to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council makes and adopts as findings the facts and
conclusions set forth in the recitals of this Ordinance and, for the reasons set forth in the recitals
and in Resolution No. 2022-111, finds that the modifications to the 2022 California Fire Code are
reasonably necessary due to local climatic, geological, or topographical conditions.
SECTION 2. Amendment to Article I I of Chapter 10. Article II (Fire Code) of Chapter 10
(Fire Prevention and Protection) of the West Covina Municipal Code is hereby amended as to
read as follows:
Ordinance No. 2503
Page 1 of 12
Sec. 10-20. - Adopted
Except as otherwise provided in this article, the city council of the City of West Covina hereby
adopts by reference for the purpose of prescribing regulations governing conditions hazardous to
life and property from fire or explosion, that certain code known as the 2022 California Fire Code,
which adopts by reference the 2021 International Fire Code, published by the International Code
Council, with errata, including Appendices A, B, BB, C, CC, D, E, F, G, H, I, K, M, N, O, and
Appendix Chapter 4. In the event of any conflict or ambiguity between any provision contained in
such codes set forth above, and any amendment thereto contained in this article or other provision
of the Municipal Code, the amendment or addition shall control.
One (1) complete copy of the 2022 California Fire Code, with errata and supplements, and one
(1) complete copy of the 2021 International Fire Code shall be at all times maintained by the city
clerk for use and examination by the public.
Sec. 10-21. - Establishment and duties of bureau of fire prevention.
(a) The California Fire Code, 2022 Edition, including all indices and appendices adopted by the
city (the "Fire Code") shall be enforced by the bureau of fire prevention in the fire department
of the City of West Covina which is hereby established and which shall be operated under the
supervision of the chief of the fire department.
(b) The fire marshal in charge of the bureau of fire prevention shall be appointed by the chief of
the fire department on the basis of examination to determine his or her qualifications.
(c) The chief of the fire department may recommend to the city council of the City of West Covina
the employment of technical inspectors, who, when such authorization is made, shall be
selected through an examination to determine their fitness for the position. The examination
shall be open to members and/or non-members of the fire department, and appointments
made after examination shall be for an indefinite term with removal only for cause.
Sec. 10-22. - New materials, processes or occupancies which may require permits.
The building and safety director, the fire chief, and the fire code official shall act as a committee
to determine and specify, after giving affected persons an opportunity to be heard, any new
materials, processes, or occupancies for which permits are required in addition to those now
enumerated in the Fire Code. The fire code official shall keep such list in his/her office for public
review and distribute copies thereof to interested persons.
Sec. 10-23. - Establishment of limits in which storage of liquefied petroleum gases is to be
restricted.
(a) The limits referred to in Section 6104.2 of the Fire Code in which storage of liquefied
petroleum gas is restricted, are hereby established as follows: All areas of the city except those
areas approved by the fire chief or a designated representative and whose maximum quantity
does not exceed 2,000 gallons water capacity.
(b) The limits referred to in Section 6104.2 of the Fire Code in which bulk storage of liquid
petroleum gas is restricted are hereby established as follows: The entire area of the city.
Ordinance No. 2503
Page 2 of 12
Sec. 10-24. - Amendments to the 2022 California Fire Code.
The California Fire Code, 2022 Edition, adopted under section 10-20 of this article, is hereby
amended as follows:
Chapter 1 (Scope and Administration) is amended as follows:
Section 101 (Scope and General Requirements) is amended as follows:
Section 101.1 (Title) is amended to read as follows:
101.1 Title.
These regulations shall be known as the Fire Code of the City of West Covina, hereinafter referred
to as "this code."
Section 104 (General Authority and Responsibilities) is amended to add a new subsection 104.11
to read as follows:
104.11 Fire investigations.
The fire chief, assistant chief, fire marshal, deputy fire marshal, fire protection specialist, captain,
engineer, firefighter and firefighter/paramedic shall have the authority to investigate the origin,
cause and circumstance of any fire, explosion or other hazardous condition. While performing
these duties, the listed officers and members of the fire department, if meeting the definition of
.,peace officer" as outlined in California Penal Code section 830.37, shall have the power to arrest
any person without warrant whenever they have reasonable cause to believe that the person has
violated any provision of this chapter in their presence. Those persons certified as "fire
investigators" shall also have peace officer powers under California Penal Code section 830.37.
Section 105.5 (Required Operational Permits) is amended to add a new Section 105.5.55 to read
as follows:
105.5.55 Christmas tree sales lots.
All temporary, outdoor lots for the display and sale of Christmas trees are required to have
permit and shall be located, maintained, and operated subject to the following provisions:
105.5.55.1 Permits — Christmas tree sales lots.
All applications for permits shall be made in writing, filed with the city, and shall state the name
of the applicant, his or her address, and the location of the proposed Christmas tree lot. The
application shall be accompanied by a clearance from the fire chief as to fire regulations, by
a clearance from the building and safety department as to the proposed electrical installation,
if any, and by clearance from the engineering department for review of location in relation to
possible interruption of traffic.
All permits must be posted in a conspicuous place.
Fires in barbeques or in metal drums or other containers require a special permit that is to
be obtained from the fire department.
Ordinance No. 2503
Page 3 of 12
105.5.55.2 Fire protection
There shall be maintained in each premises or display area where Christmas trees are sold
or offered for sale, at least two fire extinguishers with a minimum rating of 2A. No extinguisher
shall be more than 75 feet travel distance from any tree on display or in storage.
105.5.55.3 Tents or canopies on Christmas tree lots.
A separate permit shall be obtained from the fire department for all tents, canopies and
temporary membrane structures and they shall meet all requirements of Chapter 31 of the
Fire Code. All tents, canopies and temporary membrane structures shall be made of
flameproof materials or rendered flame retardant by an approved process.
105.5.55.4 Display.
Christmas trees shall not be sold or displayed indoors or under covered, outdoor walkways of
buildings or shopping centers unless the walkway is protected by an approved automatic fire
sprinkler system, or the display is specifically approved by the fire chief.
105.5.55.5 Lot closure.
Christmas trees shall be removed and the debris cleared no later than 10 days after the last
day of sale. A fee, as established by resolution of the city council, shall be posted for each lot
with the license collector at the time of issuance of the permit. This fee will be returned if the
debris is cleared and the lot is removed within the stated time, otherwise the fee will be used
to defray the cost of cleanup and will not be returned.
Section 111.1 (Board of Appeals Established) is amended to read as follows
111.1 Board of appeals established.
In order to hear and decide appeals of orders, decisions or determinations made by the fire
code official relative to the application and interpretation of this code, there shall be and is
hereby created a board of appeals. The board of appeals shall be appointed by the city manager
and shall hold office and his/her pleasure. The board shall adopt rules of procedures for
conducting its business, and shall render all decisions and findings in writing to the appellant
with a duplicate copy to the fire code official.
Appendix A (Board of Appeals) is amended as follows:
Section A101.3 (Membership of Board) is amended to read as follows:
A101.3 Membership of board.
The board shall consist of five voting members appointed by the city manager. Each member
shall serve for one year. The fire code official shall be an ex officio member of said board but
shall have no vote on any matter before the board.
Ordinance No. 2503
Page 4 of 12
Section 112.4 (Violation penalties) is amended to read as follows:
112.4 Violation penalties.
Any person who violates a provision of this code or fails to comply with any of the requirements
thereof or who erects, installs, alters, repairs or does work in violation of the approved construction
documents or directive of the fire code official, or of a permit or certified used under the provisions
of this code, shall be guilty of a misdemeanor as provided in section 1-37 of the West Covina
Municipal Code. Each day that a violation continues after due notice has been served shall be
deemed a separate violation.
Chapter 3 (General Requirements) is amended as follows:
Section 304.1.2 (Vegetation) 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,
shall be cut down and removed by the owner or occupant of the premises.
Vegetation clearance requirements for all residential front, rear and side yards including slopes
shall be maintained, by the owner or occupant, free and clear of all flammable and combustible
vegetation for a distance of 100 feet or to their property line, whichever is closest.
A minimum clearance of 10 feet shall be maintained between all roads and all dry grass, weeds,
vegetation and other combustible material.
A minimum clearance of 10 feet shall be maintained between any tree or portion of a tree from
the outlet of a chimney or stovepipe.
All roofs of any structure shall be maintained free of leaves, needles or other dead vegetative
growth.
It shall be unlawful for any person to deposit any grass, weeds, brush, debris, trash or other waste
material upon any vacant lot or parcel of ground within the city.
304.1.2.1 High fire hazard designation.
The City of West Covina hereby adopts the most recent County of Los Angeles High Fire
Hazard Zone Map to identify and designate high fire hazard areas within city limits.
Chapter 5 (Fire Services Features) is amended as follows:
Section 503 (Fire Department Access Roads) is amended as follows:
Section 503.3 is amended to read as follows:
503.3 Markings or postings of fire apparatus access roads.
When required by the fire official, approved signs or other approved notices shall be provided for
fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or
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Page 5 of 12
notices shall be maintained in a clean and legible condition at all times and be replaced or repaired
when necessary to provide adequate visibility. Those areas determined to be "Fire Lanes" shall
be posted in accordance with the standards set forth by the West Covina engineering department
per the requirements of section 22-188 of the West Covina Municipal Code.
Section 503.4 is amended to read as follows:
503.4 Obstruction or blocking of fire apparatus access roads.
The required width of a fire apparatus access road shall not be obstructed in any manner,
including via the parking of vehicles. Minimum required width and clearances established under
Section 503.2.1 shall be maintained at all times.
Entrances to roads, trails or other access ways, which have been closed with gates and barriers
in accordance with Sections 503.5.1 and 503.2.2 shall not be obstructed by parked vehicles. In
addition, any person excavating or working upon any street, alley, public thoroughfare, or fire
apparatus access road and by reason thereof, or for any other reason, causes the same to be
blocked or made impassable, shall notify the fire official of the fire department at the time such
work is started and upon completion thereof.
Section 503.5.1 and Section 503.6 are amended to read as follows:
503.5.1 Security gates and building security access
All security gates shall be operable by the fire department by way of an emergency entry system
approved by the fire chief.
All security access systems on building entrances or openings used for emergency access shall
be operated by the fire department by way of an emergency access system, which will accept a
fire department master key. At the discretion of the fire chief or fire code official, an approved key
box or a radio operated control system may be required as a substitute, or in addition to, the
emergency key entry system.
503.6 Security gates and building security access.
All security gates shall be operable by the fire department by way of an emergency entry system
approved by the fire chief.
All security access systems on building entrances or openings used for emergency access shall
be operated by the fire department by way of an emergency access system, which will accept a
fire department master key. At the discretion of the fire chief or fire code official, an approved key
box or a radio operated control system may be required as a substitute, or in addition to, the
emergency key entry system.
Section 505 (Premises Identification) is amended as follows
Section 505.1 is amended to read as follows:
505.1 Address numbers.
Ordinance No. 2503
Page 6 of 12
New and existing buildings shall have approved address numbers, building numbers or approved
building identification placed in a position that is plainly legible and visible from the street or road
fronting the property. These numbers shall contrast with their background. Address numbers shall
be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches high, for
residential homes, with a minimum stroke width of 0.5 inch.
Numbers for commercial or industrial buildings shall be a minimum of 8 inches high, located near
the top corner of the structure facing the street. Any building which exceeds a setback of greater
than 50' but does not exceed 1 00'from the curb face must have a minimum of 10 inch numbers.
Any building which exceeds a setback of greater than 100' but does not exceed 200' from the
curb face must have a minimum of 12 inch numbers.
Section 507 (Fire Protection and Water Supplies) and Appendix B (Fire -Flow Requirements for
Buildings) are amended as follows:
Section 507.3 and Appendix B are amended as follows:
507.3 Fire flow.
Water mains and piping supplying fire hydrants shall not be of a size less than that specified by
applicable, adopted standards, and installation shall be accompanied by hydraulic calculations
supporting the size of piping installed. Underground piping shall be capable of supplying a
minimum of 1,000 gallons per minute, at a residual pressure of at least 20 psi.
Appendix B Fire flow.
Water mains and piping supplying fire hydrants shall not be of a size less than that specified by
applicable, adopted standards, and installation shall be accompanied by hydraulic calculations
supporting the size of piping installed. Underground piping shall be capable of supplying a
minimum of 1,000 gallons per minute, at a residual pressure of at least 20 psi.
Chapter 9 (Fire Protection and Life Safety Systems) is amended as follows
Section 901.4 is amended to read as follows:
901.4 Installation.
Fire protection systems shall be maintained in accordance with the original installation standards
for that system. Required systems shall be extended, altered or augmented as necessary to
maintain and continue protection whenever a building is altered, remodeled or added to.
Alterations to fire protection systems shall be done in accordance with applicable, adopted
standards.
All new fire protection systems shall be designed, installed and maintained in accordance with
applicable, adopted Standards of the National Fire Protection Association.
Subsections 901.4.1 and 901.4.2 are amended to read as follows:
Ordinance No. 2503
Page 7 of 12
901.4.1 Group R occupancies.
In Group R occupancies, when a fire sprinkler system is designed and installed under the NFPA
13D or 13R Standards, additional areas may require fire sprinklers at the discretion of the fire
official. These areas may include, but not be limited to, areas such as closets or bathrooms under
stairways; special water heater enclosures; accessible attic or storage spaces, basements and
similar areas.
Section 901.4.2 Group R occupancies — signage and valves.
In Group R occupancies with a combined fire/domestic service installed, a main control valve,
identified by signage, shall be installed before the tee split to the domestic piping, in addition to a
domestic -only control valve. The main control valve shall be clearly identified, be readily
accessible, and shall be ready for use without requiring a tool or wrench to operate. A separate
fire -only control valve shall not be allowed.
Section 901.6.1 is amended to read as follows:
901.6.1 Standards.
Fire protection systems shall be inspected, tested and maintained in accordance with the
referenced Standards listed in Table 901.6.1.
The design, installation, inspection and maintenance of all automatic fire sprinkler systems shall
meet the requirements of the 2022 Editions of the National Fire Protection Association (NFPA)
Standards 13, 13R, 13D and 25, as applicable.
Section 903.2 is amended to read as follows:
903.2 Fire sprinkler systems — where required.
Approved automatic sprinkler systems shall be provided in specific buildings, occupancies and
structures as follows:
(1) New Buildings — Notwithstanding any applicable provisions of Sections 903.2.1 through
903.2.19 of this code, an automatic fire extinguishing system shall be installed in all new
structures when the total building area, as defined in Section 202, exceeds 5,000 square feet
or is more than two stories in height, regardless of fire or allowable areas.
Exception: Subject to the approval of the fire official, open parking garages, in accordance
with Section 406.5 of the California Building Code.
(2) Existing Buildings:
Notwithstanding any applicable provisions of this code, an automatic fire sprinkler system
shall be provided in any existing building upon occurrence of any of the following:
(a) In any existing building after the completion of any major alteration or addition which will
exceed 5,000 square feet in floor area;
Ordinance No. 2503
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(b) In any existing building where an addition or additions exceeds 25 percent of the existing
floor area as of January 1, 1990 or 5,000 square feet, whichever is less, and the existing
building is over 5,000 square feet;
(c) When the value of alterations or repairs to an existing building, which is 5,000 or more
square feet, exceeds 25 percent of the value of the building in any 12 month period.
Exception: In any existing one and two family dwelling, fire sprinklers will be required where
an addition of 1,200 square feet or more is added, where an addition or creation of a habitable
floor level above or below the existing level of exit discharge takes place, or when alterations
are made which affect 50 percent or more of the structural or roof framing.
"Major Alterations or Repairs" is defined as alterations or repairs requiring building permits to
an existing building or structure of 5,000 square feet or more where the project valuation cost
equals to or exceeds 25 percent of the current fair market value of said building or structure.
Section 903.2.3 is amended to delete the exception set forth in Section 903.2.3(2).
Section 903.2.11 is amended to delete the exception set forth in Section 903.2.11.3.
Section 903.3.5 is amended to add a new subsection 903.3.5.3 to read as follows:
903.3.5.3 Hydraulically calculated systems.
The design of hydraulically calculated fire sprinkler systems shall not exceed 90 percent of the
water supply capacity.
Section 903.4.2 is amended to add a new subsection 903.4.2.1 to read as follows:
903.4.2.1 Alarm devices.
At the discretion of the fire official, at least one interior audible alarm device, connected to the fire
sprinkler flow switch, may be required for residential occupancies and individual commercial
tenant spaces where it is determined that the exterior audible device may not provide adequate
occupant notification in the event of a fire.
Chapter 56 (Explosives and Fireworks) is amended as follows:
Section 5601.1.3 is amended to delete Exception #4.
Section 5608 is amended to add a new Section 5608.2 to read as follows:
5608.2 Permit required.
The city council may permit any person, licensed by the State Fire Marshal, to conduct a public
display of fireworks, and for that purpose to use and discharge fireworks at such times and such
places in the city as the city council may fix and establish, provided that a written application for
a permit to do so is filed with the chief of the fire department of the city at least 15 days in advance
of the date of the display. It shall be the duty of the chief of the fire department to whom the
application for a permit is made to make an investigation and submit a report of his or her findings
and recommendations for or against reasons therefore, to the city council. The city council shall
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have the power in its discretion to grant or deny the permit. If the permit is granted, the applicant
shall furnish the city with a certificate of insurance in adequate amount, which shall also contain
a clause holding the city harmless from any damage or injury resulting from granting the permit.
Section 5609 is amended to add a new subsection 5609.2 to read as follows:
5609.2 Sale and retail display.
No person shall construct a retail display nor offer for sale any explosives, explosive materials or
fireworks upon any highway, street, sidewalk, public or private property, or from any occupancy
within the city.
The sale, use and discharge of fireworks, including those classified as "Safe and Sane" is
prohibited within the City of West Covina limits.
Chapter 80 (Referenced Standards) is amended as follows:
(1) Revise NFPA 13D, Section 7.6, to read as follows:
7.6 Local waterflow alarms shall be provided on all sprinkler systems.
(2) Revise NFPA 13D, Sections 8.3.5. and 8.3.5.1, to read as follows:
8.3.5 Sprinklers shall not be required in attics without storage or other concealed spaces
that are not used or intended for living purposes.
8.3.5.1 When fuel -fired equipment is present in the attic, at least one quick -response,
intermediate temperature sprinkler shall be installed above the equipment.
(3) Delete NFPA 13D Sections 8.3.5.1.1 and 8.3.5.1.2 in their entirety.
(4) Revise NFPA 13D, Section 8.3.9, to read as follows:
8.3.9 Sprinklers shall be installed in any closet or combustible enclosure containing
heating and/or air conditioning equipment, washers and/or dryers, or water heaters.
Sec. 10-25. - Appeals
Whenever the fire chief disapproves an application or refuses to grant a permit applied for, or
when it is claimed that the provisions of the Fire Code do not apply or that the true intent and
meaning of the Fire Code have been misconstrued or wrongly interpreted, the applicant may
appeal the decision of the fire chief to a board of appeals as outlined in Section 111 of the 2022
California Fire Code within 30 days from the date of the decision.
Sec. 10-26. —Administrative penalties.
Violation of any of the provisions of this article or the Fire Code adopted by reference herein
may be punished as a criminal offense or by the issuance of an administrative citation in
accordance with article X of chapter 15 of this Code. The administrative fines shall be in the
amounts set forth in article X of chapter 15 of this Code, or such greater fine amounts as
authorized by California law. In the event of an inconsistency between the authorized amount
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of such fines pursuant to article X of chapter 15 and of those authorized by California law, the
greater fine amount may be imposed.
SECTION 3. Severability. If any section, subsection, clause or phrase or portion of this
Ordinance 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 all other provisions of this
Ordinance. The City Council of West Covina hereby declares that it would have passed this
Ordinance, and each section, subsection, sentence, clause and phrase or portion thereof,
irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or
phrases or portions thereof be declared invalid or unconstitutional.
SECTION 4. Effective Date. This Ordinance shall become effective on January 1, 2023.
SECTION 5. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall cause this Ordinance to be published or posted as required by law.
SECTION 6. Certified Copy. The City Clerk shall file a certified copy of this Ordinance
with the California Building Standards Commission.
PASSED, APPROVED AND ADOPTED this 15th day of November, 2022.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Dario Castellanos
Mayor
ATTEST
Lisa Sherrick
Assistant City Clerk
Ordinance No. 2503
Page 11 of 12
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, do hereby certify the
foregoing Ordinance, being Ordinance No. 2503, was introduced at the November 1, 2022,
regular Council meeting and adopted at a regular meeting of the City Council on November 15,
2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk
Ordinance No. 2503
Page 12 of 12