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Resolution - 2022-111RESOLUTION NO. 2022-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, MAKING FINDINGS REGARDING THE NEED FOR MODIFICATIONS TO PROVISIONS OF THE 2022 CALIFORNIA FIRE CODE DUE TO LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS WHEREAS, California Health and Safety Code Section 18938 makes certain provisions published in the California Building Standards Code pursuant to California Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective 180 days after publication by the California Building Standards Commission ("Commission"), or at a later date established by the Commission; and WHEREAS, California Health and Safety Code Section 17958 permits cities to amend the requirements of the California Building Standards Code, which includes the California Fire Code, in accordance with California Health and Safety Code Sections 17958.5 and 17958.7; and WHEREAS, Section 13143.5 of the California Health and Safety Code permits the City, by ordinance, to make changes or modifications to the California Fire Code that are more stringent than the requirements published in the California Fire Code, relating to fire and panic safety; and WHEREAS, California Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Fire Code to make such modifications in such provisions as a city determines, pursuant to California Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, California Health and Safety Code Section 17958.7 requires that a city, before making modifications pursuant to California Health and Safety Code Section 17958.5, make an express finding that such modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, under California Health and Safety Code Section 17958.7, modifications pursuant to California Health and Safety Code Section 17958.5 may not become effective until the required findings and the modifications have been filed with the California Building Standards Commission; and WHEREAS, the City Council of the City of West Covina ("City Council") intends to adopt an ordinance adopting by reference certain provisions of the 2022 California Fire Code and making modifications to certain of those provisions pursuant to California Health and Safety Code Section 17958.5 ("Fire Code Adoption Ordinance"); and WHEREAS, the City Council has reviewed the attached Exhibit A, which sets forth the reasons for the proposed modifications to the 2022 California Fire Code contained in the Fire Code Adoption Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council finds and declares that the changes to the provisions of the 2022 California Fire Code set forth in the Fire Code Adoption Ordinance are reasonably necessary because of the local climatic, geological, or topographical conditions set forth in Exhibit A in accordance with California Health and Safety Code Section 17958.7. SECTION 2. The City Clerk shall file a copy of this Resolution, including Exhibit A, shall with the California Building Standards Commission in accordance with California Health and Safety Code Section 17958.7. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 1 st day of November, 2022. APPROVED AS TO FORM 4)1—� Thomas P. Dua City Attorney Dario Castellanos Mayor ATTEST � U Lisa Sherr k Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2022-111 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 1st day of November, 2022, by the following vote of the City Council: AYES: Castellanos, Diaz, Lopez-Viado, Tabatabai, Wu NOES: None ABSENT: None ABSTAIN: None Lisa Sty rrick Assists t City Clerk EXHIBIT A FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE 2022 CALIFORNIA FIRE CODE DUE TO LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS The City of West Covina makes the following findings regarding the need to amend the 2022 California Fire Code: 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. Therefore, in order to minimize the risks to persons and property due to potential response delays and compromised fire suppression capabilities, mitigation measures are necessary such as but not limited to, automatic fire suppression systems, controls for hazardous materials, safety provisions in buildings for firefighters and additional fire hydrants. The table below sets forth the City of West Covina's amendments to the 2022 California Fire Code and states which of the findings above make each amendment reasonably necessary. Sections of the 2022 Fire Code Added, Amended or Deleted? Findings 101.1 Title Amended Administrative 104.11 Fire Investigations) Added 1, 2, 3 105.5 (Required Operational Permits Amended 1, 2, 3 105.5.55 Christmas Tree Sales Lots Added 1, 2, 3 105.5.55.1 Permits — Christmas Tree Sales Lots Added 1, 2, 3 105.5.55.2 Fire Protection Added 1, 2, 3 105.5.55.3 Tents or Canopies on Christmas Tree Lots Added 1, 2, 3 105.5.55.4 (Display) Added 1, 2, 3 105.5.55.5 Lot Closure Added A2,3 111.1 Board of Appeals Established Amended Administrative Appendix A - A101.3(Membership of Board Amended Administrative 112.4 Violation Penalties Amended Administrative 304.1.2 (Vegetation) Amended 1, 2, 3 304.1.2.1 (High Fire Hazard Designation) Added 1, 2, 3 503.3 (Markings or Postings of Fire Apparatus Access Roads Amended 1, 2, 3 503.4 (Obstruction or Blocking of Fire Apparatus Access Roads Amended 503.5.1(Security Gates and Building Security Access Amended 503.E(Security Gates and Building Security Access Amended 1, 2, 3 505.1 Address Numbers Amended 1, 2, 3 507.3 Fire Flow Amended 1, 2, 3 Appendix B Fire Flow Amended 1, 2, 3 901.4 Installation Amended 1, 2, 3 901.4.1(Group R Occupancies) Amended 1, 2, 3 901.4.2(Group R Occupancies - Si na a and Valves Amended 1, 2, 3 901.6.1 Standards Amended 1, 2, 3 903.2 Fire Sprinkler Systems - Where Required) Amended 1, 2, 3 903.2.3(Group E Amended 1, 2, 3 903.2.11 (Specific Buildings and Hazards Amended 1, 2, 3 903.3.5.3 (Hydraulically Calculated Systems) Added 1, 2, 3 903.4.2.1 Alarm Devices Added 1, 2, 3 5601.1.3 Fireworks Amended 1, 2, 3 5608.2 Permit Required) Added 1, 2, 3 5609.2 Sale and Retail Display) Added 1, 2, 3 6104.2 Maximum Capacity within Established Limits Amended 1, 2, 3 Chapter 80 Referenced Standards Amended 1, 2, 3