Ordinance - 2166ORDINANCE NO. 2166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES 11, III,
IV, V, VI, VII, IX, XIII, XV, XVI, CHAPTER 9, ARTICLE I OF
DRAINAGE AND GRADING, CHAPTER 10, ARTICLE 11 OF THE
MUNICIPAL CODE RELATING TO THE ADOPTION OF THE
CALIFORNIA BUILDING CODE AND THE 2007 EDITIONS OF THE
CALIFORNIA BUILDING CODE AND 2006 INTERNATIONAL FIRE
CODE AND THE 2007 CALIFORNIA FIRE CODE, 2007 CALIFORNIA
MECHANICAL CODE, 2007 CALIFORNIA PLUMBING CODE, 2007
INTERNATIONAL SIGN CODE, 2007 CALIFORNIA ENERGY CODE,
AND THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE
The City Council of the City of West Covina, California, does ordain as follows:
SECTION 1. Findings: The State of California has amended and adopted the 2007
editions of the California Codes effective January 1, 2008. The City of West Covina Municipal
Code is hereby amended as reasonably necessary due to local climatic, geologic, and topographic
conditions, and for administrative reasons.
WHEREAS, amendments to the 2007 California Codes are reasonably necessary because
of the following climatic, geologic, and topographical conditions:
1. The City of West Covina has a semi -arid climate with a history of extended periods of draught,
and frequent hot, dry winds (Santa Ana Winds) which compounds the increased risk of the spread
of wild- and structure -fires.
2. The City of West Covina contains areas of unique geological and topographical features such as
steep slopes, non -cohesive soils, expansive soils, and areas subject to landslide or liquefaction.
SECTION 2. Chapter 7, Articles II, III, IV, V, VI, VII, IX, XIII, XV, XVI, of the City
of West Covina Municipal Code is hereby amended to read as follows:
CHAPTER 7
ARTICLE II. BUILDING CODE
Section 7-16 is hereby amended to read:
Section 7-16. Adopted.
Except as otherwise provided in this Article, the 2007 Editions of the California Building
Code, which on October 15, 2007 were made a public record of the City, including appendices
Chapters 1, C, F, G, H, I, and J and indices, are hereby adopted and made part hereof as if fully
set out in this section. One file of this code shall be kept on file in the Office of the Building
Official for public inspection. 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.
Section 7-18. Section 113 is hereby amended to read:
Section 113 of the code adopted by Section 7-16 of this Municipal Code is hereby
amended to read as follows:
"Section 113. VIOLATIONS AND PENALTIES
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert, relocate, demolish, equip, use, occupy or maintain any
building or structure in the city, or cause the same to be done, contrary to or in violation of any
of the provisions of the Building Code if constructed after the effective date of such code, shall
constitute a continuing violation of such code.
Ordinance No.2166
Any person, firm or corporation violating any of the provisions of this code shall be
deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate
offense for each and every day or portion thereof during which any violation of any of the
provisions of this code is committed, continued or permitted, and upon conviction of any such
violation such person shall be punishable by a fine of not more than one thousand dollars
($1,000.00) or by imprisonment for not more than six (6) months, or both such fine and
imprisonment."
Section 7-18.1. Section 106.4.4.1. added.
Section Appendix 105.3.2 of the code adopted is hereby amended by adding Section
105.3.2.1 to read as follows:
Every permit shall become null and void by limitation whenever the work is done during
any continuous period of one -hundred and eighty days (180) amounts to less than ten (10)
percent of the total work authorized by such permit.
Section 7-18.2. Section Appendix 105.3.2.2
Section Appendix 105.3.2 of the code adopted by Section 7-16 of this Municipal Code is
herby amended by adding a paragraph 106.4.6 to read as follows:
"Appendix 105.3.2.1 Unfinished buildings and structures. Whenever the Building
Official determines by inspection that work on any building or structure for which a permit has
been issued and the work started thereon has been suspended for a period of one hundred eighty
(180) days or more, the owner of the property upon which such structure is located or other
person or agent in control of said property upon receipt of notice in writing from the department
to do so shall within ninety (90) days from the date of such written notice obtain a new permit to
complete the required work and diligently pursue the work to completion or shall remove or
demolish the building or structure within one hundred twenty (120) days from date of the written
notice."
Section 7-18.3. Section Appendix 108 amended.
Section Appendix 108 of the code adopted by Section 7-16 of this Municipal Code is
hereby amended to read as follows:
"Section 108. FEES.
(a) Building Permit Fees. A fee for each building permit shall be paid to the building
official as set forth in resolution of the City Council. Determination of value
under any of the provisions of this code shall be made by the Building Official.
The valuation to be used in computing the permit and plan review fees shall be
the total value of all construction work for which permit is issued, as well as all
finish work, painting, roofing, electrical, plumbing, heating, air conditioning,
elevators, fire -extinguishing systems and any other permanent work for
permanent equipment.
Where work for which permit is required by this code is started or proceeded with
prior to obtaining said permit, the fees specified in this section shall be doubled,
but the payment of such double fee shall not relieve any persons from fully
complying with the requirements of this code in execution of the work nor from
any other penalties prescribed herein.
(b) Plan Review Fees. When the valuation of the proposed construction exceeds on
thousand dollars ($1000.00), a plan review fee shall be paid to the building
official at the time of submitting plans and specifications for review. Said plan
review fees shall be sixty-five (65) percent of the building permit fees as set forth
in the City Council resolution.
(c) Expiration of Plan Review. Applications for which no permit is issued within one
hundred eighty (180) days following the date of application shall expire by
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Ordinance No. 2166
limitation and plans submitted for review may thereafter be returned to the
applicant or destroyed by the Building Official. The Building Official may
extend the time for action by the applicant for a period not exceeding one hundred
eighty (180) days upon written request by the applicant showing that
circumstances beyond the control of the applicant have prevented action from
being taken. In order to renew action on an application after expiration, the
applicant shall resubmit plans and pay a new plan review fee.
(d) Investigation Fees. Work without a permit.
1. Investigation. Whenever any work for which a permit is required by this code
has been commenced without first obtaining said permit, a special inspection
shall be made before a permit may be issued for such work.
2. Fee. An investigation fee, in addition to the permit fee, shall be collected
whether or not a permit is then or subsequently issued. The inspection fee
shall be paid to the Building Official as set forth in resolution of the City
Council. The payment of such investigation fee shall not exempt any person
from compliance with all other provisions of this code nor from any penalty
prescribed by law.
(e) Exemption from Fees. Neither the state nor this nor any other county, city, district
or other political subdivision, nor any public officer or body acting in his official
capacity on behalf of the state or of this or any county, city, district or other
political subdivision shall pay or deposit any fee. This section does not apply to
the State Compensation Insurance Fund or Public Housing Authority or where a
public officer is acting with reference to private assets which have come under his
jurisdiction by virtue of his office.
(f) Refunds. In the event that any person shall have obtained a building permit and
no portion of the work or construction covered by such permit has been
commenced, such permit may be cancelled upon presentation to the Building
Official of a written request, the person shall be entitled to a refund in an amount
equal to eighty (80) percent of the building permit fee actually paid for such
permit; however, the portion of the fee retained shall never be less than twenty-
five dollars (S25.00).
In case a permit is issued in error by the Building Official, all fees will be
returned to applicant upon request.
No refund shall be granted when receipt of the request occurs more than one (1)
year following payment of the permit or plan review fee. No portion of the plan
checking fee shall be refunded, unless no checking has been performed on a set of
plans, in which case eighty (80) percent of the plan review fee may be refunded;
however, the portion of the fee retained shall never be less than twenty-five
dollars ($25.00)
The Building Official shall satisfy himself as to the right of such applicant to such
refund and each such refund shall be paid as provided by law for the payment of
claims against the city."
Section 7-18.4. is deleted.
Section 7-18.5. Section Appendix 109.6 is amended to read:
Section Appendix 109.6 of the code adopted by Section 7-16 of this Municipal Code is
hereby amended to reads as follows:
Section 7-18.6. Section Appendix 110.3 is amended to read:
Section Appendix 110.3 of the code adopted by Section 7-16 of this Municipal Code is
hereby amended to reads as follows:
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Ordinance No.2166
Section 7-18.7. Section 3109.2 is amended to read:
Section Appendix 3109.2 of the code adopted by Section 7-16 of this Municipal Code is
hereby amended to include the following:
Section 7-18.10. Section 3109.5.4. amended by adding
Section 3109.5.4 SWIMMING POOLS. SAFETY PRECAUTIONS, second paragraph is
hereby amended to read:
All gates or doors opening through such enclosures shall be equipped with a self -closing
and self -latching device designed to keep and capable of keeping such door or gate securely
closed at all times when not in actual use. Such latching device must be located not less than
five (5) feet above the ground; provided, however, that the door of any dwelling occupied by
human beings forming any part of the enclosure comply with State Laws. All fencing forming
the pool enclosure shall be in place and approved by the city before water is placed in the pool.
Section 7-8.10 is hereby amended to read:
Section 7-8.10 3109.5.5 SWIMMING POOLS, EMPTYING UPON ABANDONMENT
OR VACATION OF PREMISES.
Section 7-18.10. Section 3109.5.6 amended.
Section 3109.5.6. INSPECTIONS AND APPROVAL OF SWIMMING POOLS,
paragraph 1 is hereby amended to read:
All plans hereafter submitted to the city for swimming pools to be constructed shall show
compliance with Section 3109.5.4, and final inspection and approval of all pools hereafter
constructed shall be withheld until all requirements of Section 3109.5.4 shall have been complied
with.
Section 7-18.13 is hereby amended to read:
Section 7-18.13. Section 901.2.1 added.
Section 901.2.1 notwithstanding any other provisions of this section, an approved
automatic fire sprinkler system shall be installed:
1. On all new buildings exceeding five thousand (5,000) square feet in floor area.
2. In any existing building after the completion of any major alteration or addition,
which will exceed five thousand (5,000) square feet of floor area.
3. In any existing building where an addition or additions exceed twenty-five (25)
percent of the existing floor area as of January 1, 1990, or five thousand (5,000)
square feet, whichever is less, and the existing building is over five thousand (5,000)
square feet.
4. When the value of alterations or repairs to an existing building, which has five
thousand (5,000) or more square feet, exceeds twenty-five (25) percent of the value of
the building in any twelve-month period.
Open parking garages as defined in Section 406.3.2 of the Uniform Building Code are
exempt from the automatic fire sprinkler requirements of the West Covina Municipal Code.
Section 7-18.15. Appendix G amended.
Section 7-18.15, Paragraph 1 is hereby amended to read:
The California Building Code, Appendix G, Section G101.1, shall be amended by adding
item No. 5 to regulate construction within flood hazard areas and within established floodways
as ]follows:
Section 7-37 is hereby deleted.
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Ordinance No. 2166
ARTICLE IV. ELECTRICAL CODE
Section 7-49 is hereby amended to read:
Section 7-49. Adopted.
Except as otherwise provided in this Article, the 2007 Editions of the California
Electrical Code, which on October 15, 2007, were made a public record of the City, including the
International Administrative provisions, all appendices, and indices, are hereby adopted and
made part hereof as if fully set out in this section. One file of this code shall be kept on file in
the Office of the City Clerk for public inspection. 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.
Section 7-61 is hereby deleted.
ARTICLE VI. MECHANICAL CODE
Section 7-73 is hereby amended to read:
Section 7-73. Adopted.
Except as otherwise provided in this Article, the 2007 Editions of the California
Mechanical Code, which on October 15, 2007, were made a public record of the City, including
all appendices and indices, are hereby adopted and made part hereof as if fully set out in this
section. One file of this code shall be kept on file in the Office of the City Clerk for public
inspection. 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.
ARTICLE VII. PLUMBING CODE
Section 7-85 is hereby amended to read:
Section 7-85. Adopted.
Except as otherwise provided in this Article, the 2007 Editions of the California
Plumbing Code, which on October 15,2007, were made a public record of the City, including all
appendices and indices, are hereby adopted and made part hereof as if fully set out in this
section. One file of this code shall be kept on file in the Office of the City Clerk for public
inspection. 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.
ARTICLE 1. DRAINAGE AND GRADING
The adoption of the amended Appendix J "Grading" of the California Building Code
2007 edition will replace Sections 9-1 to 9-13 of the City of West Covina Municipal Code.
Section J 101.1 Slope is amended to read as follows:
The provision of the chapter apply to grading, drainage, excavation, and earthwork
construction, including fills and embankments for local conditions. Where conflicts occur
between the technical requirements of the chapter and soils report, the soils report shall govern.
Section J 102.1 DEFINITION is hereby amended and added:
Bedrock is the relatively solid, undisturbed rock in place either at the ground surface or
beneath surficial deposits of gravel, sand, or soil.
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Ordinance No. 2166
Civil engineer shall mean a professional engineer in the branch of civil engineering
holding a valid certificate of registration issued by the State of California.
Fill shall mean deposits of soil, rock or other similar irreducible materials placed by man.
Slope is an inclined ground surface the inclination of which is expressed as a ratio of
horizontal distance to vertical distance and exceeds a ratio of 5 to 1.
Soils engineer is a civil engineer experienced in soil mechanics who investigates and
reports on the stability of existing or proposed slopes, controls the installation and compaction of
fills, recommends soil bearing values, provides design criteria and calculations for special earth
structures such as buttress fills, and who has use of an adequately equipped soils testing
laboratory. It is not the intent of this definition nor this chapter to require that the civil engineer
be authorized by the state to use the title, "soils engineer."
Geologist shall mean a person holding a valid certificate of registration as a geologist in
the specialty of engineering geology issued by the State of California under provisions of the
Geologist Act of the Business and Professions Code.
The term "building official' as used in Appendix J of the California Building Code shall
mean the city engineer of the City of West Covina or his designated representative.
Section J 103 is amended as follows:
Section 103.1 Permits required is hereby amended by adding:
Section 103.1.1 Adopted.
Grading designation. All grading requiring a permit shall be performed in accordance
with the approved grading plan prepared by a civil engineer and shall be performed in
accordance with the approved grading plan prepared by a civil engineer and shall be designated
as "engineered grading." Grading involving less than five thousand (5,000) cubic yards may be
changed in designation from "engineered grading" to "regular grading" upon recommendation of
the civil engineer and approval of the city engineer. The city engineer may require supporting
documentation prior to approval of a change in designation.
Section 103.2 Exceptions is herby amended to read:
1. Grading in an isolated contained area, provided there is no danger to the public, that such
grading will not adversely affect adjoining properties.
Section J 104 is amended by adding:
Section J 104.1 Submittal requirements is amended by adding:
Section J 104.1.1 Adopted.
Engineered grading requirements. Each application for a grading permit shall be
accompanied by three (3) sets of plans and specifications and two (2) sets of supporting data
consisting of a soil engineering report and engineering geology report. The plans and
specifications shall be prepared, sealed, and signed by a civil engineer, a soil engineer and/or a
geologist.
Section J 104.2 Site plan requirements is amended by adding:
Section J 104.2.1 Site plan requirements:
(a) Plans shall be drawn to a scale of one (1) inch equals twenty (20) feet or one (1) inch
equals thirty (30) feet upon mylar .or vellum sized at twenty-four (24) inches by
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Ordinance No. 2166
thirty-six (36) inches and shall be of sufficient clarity to indicate the nature and extent
of the work proposed and show in detail that the work proposed will conform to the
provisions of this Code and all relevant laws, ordinances, rules and regulations.
(b) The permittee shall have an appropriate valid California state -issued contractor's
license and shall have filed Worker's Compensation Insurance documentation with
the city.
(c) Fees. Before issuance of each grading permit the appropriate fees shall be paid as
indicated in the schedule of fees adopted from time to time by resolution of the City
Council of the City of West Covina
(d) Bonds. Bonds or other improvement security satisfactory to the city engineer and
agreements in an amount equal to at least one hundred (100) percent of the estimated
cost of the work are required to guarantee completion of the work in accordance with
the approved plans and specifications.
SECTION J 105 - INSPECTIONS
Section J 105.1 General has been amended and added to read as follows:
(a) General. Grading operations for which a permit is required shall be subject to
inspection by the city engineer. Professional inspection of grading operations shall be
provided by the civil engineer, soils engineer, and the engineering geologist retained
to provide such services in accordance with Section "L" for engineered grading and
as required by the City Engineer for regular grading.
(b) Civil Engineer. The civil engineer shall provide professional inspection within such
engineer's area of technical specialty, which shall consist of observation and review
as to the establishment of line, grade and surface drainage of the development area. If
revised plans are required during the course of the work, they shall be prepared by the
City Engineer.
(c) Soils Engineer. The soils engineer shall provide professional inspection within such
engineer's area of technical specialty, which shall include observation during grading
and testing for required compaction. The soils engineer shall provide sufficient
observation during the preparation of the natural ground and placement and
compaction of the fill to verify that such work is being performed in accordance with
the conditions of the approved plan and the appropriate requirements of this chapter.
Revised recommendations relating to conditions differing from the approved soils
engineering and engineering geology reports shall be submitted to the permittee, the
City Engineer and the civil engineer.
(d) Engineering Geologist. The engineering geologist shall provide professional
inspection within such engineer's area of technical specialty, which shall include
professional inspection of the bedrock excavation to determine if conditions
encountered and in conformance with the approved report. Revised
recommendations relating to conditions differing from the approved engineering
geology report shall be submitted to the soils engineer.
(e) Permittee. The penmittee shall be responsible for the work to be performed in
accordance with the approved plans and specifications and in conformance with the
provisions of this code, and the permittee shall engage consultants, if required, to
provide professional inspections on a timely basis. The permittee shall act as a
coordinator between the consultants, the contractor and the City Engineer. In the
event of changed conditions, the permittee shall be responsible for informing the City
Engineer of such change and shall provide revised plans for approval.
(f) City Engineer. The city engineer shall inspect the project at the various stages of
work requiring approval to determine that the professional consultants are exercising
adequate control.
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Ordinance No. 2166
(g) Notification of Noncompliance. If, in the course of fulfilling their respective duties
under this chapter, the civil engineer, the soils engineer or the engineering geologist
finds that the work is not being done in conformance with this chapter or the
approved grading plans, the discrepancies shall be reported immediately in writing to
the permittee and to the city engineer.
(h) Transfer of Responsibility. If the civil engineer, the soils engineer, or the
engineering geologist of record is changed during grading, the work shall be stopped
until the replacement has agreed in writing to accept their responsibility within the
area of technical competence for approval upon completion of the work. It shall be
the duty of the permittee to notify the building official in writing of such change prior
to the recommencement of such grading.
Section 105.1.1 Completion of work and final report.
Final Reports. Upon completion of the rough grading work and at the final completion
of the work, the following reports and drawings and supplements thereto are required
executed along with the grading approval form for engineered grading or when
professional inspection is performed for regular grading, as applicable.
An as -built grading plan prepared by the civil engineer retained to provide such
services in accordance with Section J 105.1 sub section "e" showing original ground
surface elevations, as -graded ground surface elevations, lot drainage patterns, and the
locations and elevations of surface drainage facilities and of the outlets of subsurface
drains. As -constructed locations, elevations and details of subsurface drains shall be
shown as reported by the soils engineer.
Civil engineers shall state that to the best of their knowledge the work within their
area of responsibility was done in accordance with the final approved grading plan.
2. A report prepared by the soils engineer retained to provide such services in
accordance with Section J 105.1 sub section "c", including locations and elevations of
field density tests, summaries of field and laboratory tests, other substantiating data,
and comments on any changes made during grading and their effect on the
recommendations made in the approved soils engineering investigation report. Soils
engineers shall submit a statement that, to the best of their knowledge, the work
within their area of responsibilities is in accordance with the approved soils
engineering report and applicable provisions of this chapter.
3. A report prepared by the engineering geologist retained to provide such services in
accordance with Section J 105.1, including a final description of the geology of the
site and any new information disclosed during the grading and the effect of same on
recommendations incorporated in the approved grading plan. Engineering geologists
shall submit a statement that, to the best of their knowledge, the work within their
area of responsibility is in accordance with the approved engineering geologist report
and applicable provisions of this chapter.
4. The grading contractor shall submit in a form prescribed by the City Engineer a
statement of conformance to said as -built plan and the specifications.
5. Notification of Completion. The permittee shall notify the building official when
the grading operation is ready for final inspection. Final approval shall not be given
until all work, including installation of all drainage facilities and their protective
devices, and all erosion -control measures have been completed in accordance with the
final approved grading plan, and the required reports have been submitted.
SECTION J 107 FILLS
The following subsections are added to Section J 107 Fills, to read as follows:
Section J 107.6 Method of Construction
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Ordinance No.2166
(a) All fill slopes fifteen (15) feet in height or more and steeper than 3 horizontal to l
vertical shall be constructed by the "over -fill and cutback" method. These slopes
shall be overbuilt and cut back to grade exposing the firm compacted fill inner core.
The actual amount of overbuilding may vary as field conditions dictate. If the desired
results are not achieved, the existing slopes shall be overexcavated as directed by the
soils engineer and reconstructed. The degree of overbuilding shall be increased until
the desired compacted slope surface condition is achieved. Care shall be taken by the
contractor to provide thorough mechanical compaction to the outer edge of the
overbuilt slope surface. As fill slope construction proceeds, the slope surface shall be
thoroughly backrolled with a sheepsfoot roller at vertical height intervals not
exceeding four (4) feet.
Following the attainment of the desired slope height, the outer surface of overbuilt
slopes shall be cut back to the finished surface contour shown on the approved
grading plan. Care shall be taken by the contractor not to excavate beyond the
desired finished slope surface.
(b) Alternate method of construction.
Fill slopes less than fifteen (15) feet in height or flatter than 3 horizontal to 1
vertical may be constructed by alternative procedures where specifically approved by
the soils engineer prior to grading. Prior to such approval, the contractor shall submit
to the soils engineer a detailed written description of the procedure he proposes to
utilize. Within such description, the following guidelines shall be included. Unless
slopes are overfilled and cut back to grade, the outer faces of all fill slopes shall be
backrolled utilizing a sheepsfoot roller at intervals not exceeding four (4) feet of
vertical slope height. Vibratory methods may be required. During construction of
the fill slopes, care shall be taken to maintain near -optimum moisture conditions over
the entire slope height. Following achievement of the slope height as shown on the
approved grading plan, the entire slope face shall be thoroughly compacted utilizing a
vibratory sheepsfoot roller. Upon completion of the above procedures, the faces of
all fill slopes height with standard grid -rolling type of equipment. Prior to grid -
rolling, care shall be taken to maintain near -optimum moisture conditions.
Following slope construction in the manner described above, if the required
uniformly compacted fill slope condition is not achieved, overfilling and cutting back
shall be required. Completed slopes not approved by the soils engineer shall be
overexcavated a minimum of twelve (12) feet (horizontal) and replaced by the
overfilling and cutting back procedure described in paragraph (a).
Section J 109 DRAINAGE AND TERRACING is amended and added as follows:
Section J 109.2 Terraces is amended to read:
Terraces. Terraces at least eight (8) feet in width shall be established at not more than
twenty -five-foot vertical intervals on all cut or fill slopes to control surface drainage and debris;
except that where only one (1) terrace is required, it shall be at mid -height. For cut or fill slopes
greater than fifty (50) feet and up to one hundred (100) feet in vertical height, one (1) terrace at
approximately mid -height shall be sixteen (16) feet in width. Terrace widths and spacing fro cut
and fill slopes greater than one hundred (100) feet in height shall be designed by the civil
engineer and approved by the city engineer and shall meet or exceed the foregoing requirements.
Suitable access shall be provided to permit proper cleaning and maintenance.
Swales or ditches on terraces shall have a minimum gradient of five (5) percent and must
be paved with reinforced concrete not less than three (3) inches in thickness. They shall have a
minimum depth at the deepest point of one (1) foot and a minimum paved width equal to the
width of the terrace.
A single run of swale or ditch shall not collect runoff from a tributary area exceeding
thirteen thousand five hundred (13,500) square feet (projected) without discharging into a down
drain.
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Ordinance No.2166
The design height of the slope shall include six (6) feet at the top of the slope to provide
for the contributory area and height of possible walls along the top of the slope.
Exception: The width and spacing of the terraces may be approved by the city engineer
to be narrower and spaced differently than the preceding requirements provided:
(1) The terrace system is designed by a civil engineer and approved by the soils
engineer. Such design shall include sufficient details and calculations (including
hydrology) to enable full analysis by the city engineer.
(2) The maximum vertical interval shall be twenty (20) feet, an eight (8) foot wide
terrace shall be included at fifty (50) feet in vertical height, and a twelve (12) foot
wide terrace shall be included at eighty (80) feet in vertical height.
(3) Building pads shall have a drainage gradient of at least (2) percent toward
approved drainage facilities.
Section J 109.5 Special drainage provisions.
If the building pad surface is paved, the minimum sheet flow gradient may be reduced to
the following minimum gradients:
Asphaltic concrete pavement, one and one-half (1 %:) percent;
Portland cement concrete, one (1) percent.
Section J 109.6 Drainage devices.
(a) Except on slopes, drainage devices with concentrated flow shall be constructed
with minimum gradients as follows:,
Portland cement concrete construction ..................
0.5%
Air -blown concrete construction ........................
1.0%
Asphaltic concrete construction ..........................
1.0%
Soil swales..................................................
1.0%
Pipes.........................................................
0.4%
(b) Drainage devices constructed on slopes shall have a minimum gradient of five (5)
percent. Such drainage devices shall be constructed of air -blown concrete or
portland cement concrete with suitable reinforcement. Closed conduits, unpaved
swales and asphalt concrete drainage structures shall not be used for slope
drainage.
(c) Drainage devices shall be constructed to convey drainage to an established private
or public watercourse, channel, storm drain or public street and shall be of a
design to prevent erosion.
(d) Drainage devices conveying water to the public streets shall drain over driveway
approaches or through curb drains or through sidewalk culverts.
Section J 110 EROSION CONTROL is hereby amended by adding:
All construction sites are subject to the latest requirements of the City of West Covina
enforced National Pollution Discharge Elimination System (NPDES), Best Management
Practices (BMPs) and applicable pollution control and erosion protection measures pursuant to
Chapter 9 Article II Stormwater and Urban Run-off Pollutions Control and Article III Flood
Drain Management of the City of West Covina Municipal Code.
The following sub section have been added to read as follows:
(a) Where slopes are planted for erosion control, the slope shall be watered by a
designed automatic irrigation system approved by the city engineer. The
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irrigation system and landscaping shall have their own plans and specifications.
Landscaping shall have a minimum ninety -day plant establishment period prior to
calling for final approval.
(b) The manner(s) of erosion control shall be specifically addressed in the report
required by section 3309.5 of the California Building Code.
(c) The owner of any property on which grading has been performed pursuant to a
permit issued under the provisions of this Code, or any other person or agent in
control of such property, shall maintain in good condition and repair all drainage
structures and other protective devices and burrowing rodent control when shown
on the grading plans filed with the application for grading permit and approved as
a condition precedent to the issuance of such permit.
ARTICLE IV
NUMBERING OF BUILDINGS
Section 19-105 is amended to read:
Section 19-105 Notice to owners; owners' duty to number buildings.
It shall be the duty of the City engineer to give written notice to all owners of property
and all persons in possession of property along streets or highways upon which official numbers
have been established as provided in this article, and such owners and persons in possession of
such property shall, within ten (10) days after such notice has been served upon them, place the
number or numbers allotted to the property upon such premises in such a position as to be plainly
visible from the street, such numbers to be not less than four (4) inches in heights; and all
numbers other than the numbers so assigned under the provisions of this article shall be removed
from such property by the owners or persons in possession of such property within ten (10) days
from the service of such notice designating the appropriate numbers to be placed thereon. The
notice herein provided shall be considered sufficient if the same shall be deposited in the United
States mail, properly addressed, with sufficient postage affixed thereto, or the same may be
posted in a conspicuous place upon the property.
CHAPTER 10
ARTICLE 11. FIRE CODE
Sec.10-20. Adopted
There is hereby adopted by the City Council of the City of West Covina for the purpose
of prescribing regulations governing conditions hazardous to life and property from fire or
explosion, that certain Code known as the International Fire Code, published by the International
Code Council, being particularly the 2006 Edition thereof, including Appendix Chapters with
errata, and Title 24, part 9 of the California Code of Regulations, except such portions as are
hereinafter deleted, modified or amended by Section 10-20 of the West Covina Municipal Code.
From the date on which this Code shall take effect, the provisions of the 2006 International Fire
Code and 2007 California Fire Code shall be controlling within the limits of the City of West
Covina. 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.
Sec. 10-21. Establishment and duties of bureau of fire prevention.
(a) The International Fire Code, 2006 Edition and the California Fire Code, 2007 Edition,
including all indices and appendices 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.
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Ordinance No.2166
(e) 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. (Ord. No. 1960, § 2, 11-21-95)
Sec.10-22. Definitions
(a) Whenever the word "jurisdiction" is used in the International Fire Code and the
California Fire Code, it is the City of West Covina.
(b) Whenever,the words "chief of the bureau of fire prevention" are used they shall be held
to mean "fire marshal'. (Ord. No. 1960, § 2, 11-21-95)
Sec. 10-23. Establishment of limits of districts in which storage of flammable or
combustible liquids in outside aboveground tanks is prohibited.
(a) The limits referred to in Section 3404.2.9.5.1 and Section 3406.2.4.4 of the adopted Fire
Codes in which the storage of flammable or combustible liquids 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 five -
hundred (500) gallons individual tank capacity.
(b) The limits referred to in Section 3404.2.9.5.1 and Section 3406.2.4.4 of the adopted Fire
Codes in which bulk plants for flammable liquids are restricted are hereby established as
follows: All areas of the city except those areas that are specifically designated under the
zoning provisions of this Code as Zone M-1. (Ord. No. 1903, § 3, 6-16-92; Ord. No.
1960, § 2, 11-21-95)
Sec. 10-24. Establishment of limits in which storage of liquefied petroleum gases is to
be restricted.
(a) The limits referred to in Section 3804.2 of the adopted Fire Codes 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 two thousand (2,000) gallons water capacity.
(b) The limits referred to in Section 3804.2 of the adopted Fire Codes in which bulk storage
of liquid petroleum gas is restricted are hereby established as follows: The entire area of
this city. (Ord. No. 1903, § 3, 6-16-92; Ord. No. 1960, § 2, 11-21-95)
Sec. 10-25. Establishment of limits of districts in which storage of explosives and
blasting agents is to be prohibited.
The limits referred to in Section 3301.2.3 of the International Fire Code, 2006
Edition and Title 19 in which storage of explosives and blasting agents is prohibited, are hereby
established as follows: The entire area of the city. (Ord. No. 1903, § 3, 6-16-92; Ord. No. 1960,
§ 2, 11-21-95)
Sec. 10-26. Establishment of limits of districts in which the storage of compressed
natural gas is to be prohibited.
The limits referred to in Section 2208.2.1 and Section 2208.2.2 of the adopted Fire Codes
in which the storage of compressed natural gas is prohibited, are hereby established as follows:
All areas of the city except those areas approved by the fire chief, and those areas that are
specifically designated under the zoning provisions of this code as Zone M-1. (Ord. No. 1960, §
2,11-21-95)
Sec. 10-27. Amendments made in the International and California Fire Codes
The International Fire Code, 2006 Edition and the California Fire Code, 2007 Edition as
renumbered and adopted under 10-20 of this chapter is amended and changed in the following
respects:
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Ordinance No.2166
Section 104 of the Adopted Fire Codes is amended to read as follows:
Section 104.10Fire Investigations
The Fire Code official, Chief, Assistant Chief, Fire Marshal, Fire Protection Specialist,
Captain, Engineer, Firefighter and Firefighter/Paramedic shall have the authority to
investigate the origin, cause and circumstances of any fire, explosion or other hazardous
condition. While performing these duties the listed officers and members of the fire
department 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" or "Other Fire Department
Personnel" shall have peace officer powers under 830.37 P.C.
Section 105.3.6 of the International Fire Code, 2006 Edition is revised as follows:
Section 105.3.6. Compliance
All permits or certificates issued under this code shall be presumed to contain the proviso
that the applicant, his agents and employees shall carry out the proposed activity in
compliance with all the requirements of this code and any other laws or regulations
applicable thereto, whether specified or not, and in complete accordance with the
approved plans and specifications. Any permit or certificate which purports to sanction a
violation of this code or any applicable law or regulations shall be void and any approval
of plans and specifications in the issuance of such permit shall likewise be void.
Section 505.1 of the Adopted Fire Codes is amended to read as follows:
Section 505.1. Address Numbers
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
form 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 to top corner of the structure facing the street. Any building which
exceeds a set back of greater than 50' but does not exceed 100' from the curb face must
have a minimum of 10 inch numbers. Any building which exceeds a set back of greater
than 100' but does not exceed 200' from the curb face must have a minimum of 12 inch
numbers.
Section 503.3 of the Adopted Fire Codes is amended to read as follows:
Section 503.3. Markings or Postings of Fire Apparatus Access Roads
When required by the fire code 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 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 to the
standards set forth by the West Covina engineering department per West Covina
Municipal Code, Section 22-188.
Section 503.4 of the Adopted Fire Codes is amended to read as follows:
Section 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 parking of vehicles. Minimum required width and clearances established under
Section 503.2.1 shall be maintained at all times.
13
Ordinance No. 2166
Entrances to roads, trails or other accessways, which have been closed with gates
and barriers in accordance with Section 503.5.1 shall not be obstructed by parked
vehicles.
In addition, any person excavating or working upon any street, alley, pubic
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 chief of the fire
department at the time such work is started and upon completion thereof.
Section 503.5.1 and Section 503.6 of the Adopted Fire Codes is amended to read as
follows:
Section 503.5.1 and Section 503.6. Security Gates and Building Security Access.
All security gates shall be operated by the fire department by way of a vehicle
identification 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 a card reader, which will accept
fire department master card.
Section 508.2 of the Adopted Fire Codes is amended to read as follows:
Section 508.2. Type of Water Supply
Water supply is allowed to consist of reservoirs, pressure tanks, elevated tanks, water
mains, or other fixed systems capable of providing the required fire flow. In setting the
requirements for fire flow, the chief may be guided by the provision outlined in the ISO
Guide for Determination of Required Fire Flow, 1974 Edition or by International Fire
Code, 2006 Edition and the California Fire Code, 2007 Edition Appendix B.
Water mains supplying fire hydrants shall be not less than eight (8) inches in size
and shall be capable, at a residual pressure of at least 20 psi, of simultaneously supplying
1000 gallons per minute per hydrant to the number of hydrants corresponding to the
required fire flow divided by 1000.
No person shall erect or modify any building, in such a manner so as to create a
fire flow requirement in excess of 5,000 gallons per minute. No building shall be
constructed that exceeds the maximum available fire flow to the building site.
Section 508.5.1 and Appendix C of the Adopted Fire Codes is amended to read as
follows:
Section 508.5.1. Fire Hydrants
The location, number, and type of fire hydrants connected to a water supply
capable of delivering the required fire flow shall be provided on the public street or on
the site of the premises or both to be protected as required and approved by the chief. All
fire hydrants shall discharge an actual fire flow of 1000 gallons per minute minimum.
Fire hydrants shall be accessible to the fire department apparatus by road meeting the
requirements of Section 503.2.1 and West Covina Municipal Code Section 22-188.
Section 901.2 of the Adopted Fire Codes is amended to read as follows:
Section 901.2. Construction Documents
The fire code official shall have the authority to require construction documents and
calculations for all fire protection systems and to require permits be issued for the
installation, rehabilitation or modification of any fire protection system. Detailed
construction plans for all fire protection systems shall be submitted to the Fire
Department for review and approval prior to system installation.
Section 901.4 of the Adopted Fire Codes is amended to read as follows:
14
Ordinance No.2166
Section 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 the building is altered,
remodeled or added to. Alterations to fire protection systems shall be done in accordance
with applicable standards.
All fire protection systems shall be designed, installed and maintained in
accordance with the Standards of the National Fire Protection Association, 2002 Edition.
Section 901.6.1 of the Adopted Fire Codes is amended to read as follows
Section 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 standards of the 2002 Edition of the National Fire Protection
Association (N.F.P.A.) Standard 13, 13R, 13D and 25.
Section 903.2 of the adopted Fire Codes is hereby amended to read as follows:
Section 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 903.2.9.1.
(1)
Group A-1 - An automatic fire sprinkler system shall be installed when:
a)
Total floor area exceeds five thousand (5,000) square feet.
b)
Occupant load is equal to or more than three hundred (300) persons.
c)
Total height is two (2) or more stories.
(2)
Group A-2 — An automatic fire sprinkler system shall be installed when:
a)
Total floor area exceeds five thousand (5,000) square feet.
b)
Occupant load is equal to or more than one hundred (100) persons.
c)
Total height is two (2) or more stories.
(3)
Group A-3 — An automatic fire sprinkler system shall be installed when:
a)
Total floor area exceeds five thousand (5,000) square feet.
b)
Occupant load is equal to or more than three hundred (300) persons.
c)
Total height is two (2) or more stories.
(4)
Group A-4 — An automatic fire sprinkler system shall be installed when:
a)
Total floor area exceeds five thousand (5,000) square feet.
b)
Occupant load is equal to or more than three hundred (300) persons.
c)
Total height is two (2) or more stories.
(5)
Group A-5 - An automatic fire sprinkler system shall be installed when:
a)
Total floor area exceeds one thousand (1,000) square feet.
b)
Occupant load is equal to or more than thirty (30) persons and,
c)
Total height is fifty-five (55) feet above the lowest level of fire department
vehicle access.
(6)
Group B — An automatic fire sprinkler system shall be installed when:
a)
Total floor area exceeds five thousand (5,000) square feet.
b)
Occupant load is equal to or more than thirty (30) persons and,
c)
Total height is fifty-five (55) feet above the lowest level of fire department
vehicle access.
(7)
Group E — An automatic fire sprinkler system shall be installed when:
a)
Total floor area exceeds five thousand (5,000) square feet.
b)
Occupant load is equal to or more than thirty (30) persons and,
c)
Total height is fifty-five (55) feet above the lowest level of fire department
vehicle access.
(8)
Group F-1 — An automatic fire sprinkler system shall be installed when:
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Ordinance No.2166
a) Total floor area exceeds two thousand five hundred (2,500) square feet.
b) Occupant load is equal to or more than thirty (30) persons and,
c) Total height is fifty-five (55) feet above the lowest level of fire department
vehicle access.
(9) Group F-2 - An automatic fire sprinkler system shall be installed when:
a) Total floor area exceeds five thousand (5,000) square feet.
(10) Group H — An automatic fire sprinkler system shall be installed for all Group H
occupancies regardless of the total floor area.
(11) Group I - An automatic fire sprinkler system shall be installed for all Group I
occupancies regardless of the total floor area.
(12) Group M — An automatic fire sprinkler system shall be installed when:
a) Total floor area exceeds five thousand (5,000) square feet or,
b) Total height is four (4) stories or more.
(13) Group R-1 — An automatic fire sprinkler system shall be installed for all Group
R-1 occupancies regardless of total floor area.
(14) Group R-2 — An automatic fire sprinkler system shall be installed for all Group
R-2 occupancies regardless of total floor area.
(15) Group R-3 — An automatic fire sprinkler system shall be installed when:
a) Total floor area exceeds five thousand (5,000) square feet.
b) When adequate fire department access is not available (as determined by
the fire chief) or,
c) When adequate water supply cannot be achieved (as determined by the fire
chief).
(16) Group R-4 — An automatic fire sprinkler system shall be installed for all Group
R-4 occupancies regardless of total floor area.
(17) Group S-1 — An automatic fire sprinkler system shall be installed when:
a) Total floor area exceeds five thousand (5,000) square feet.
b) Total height is one (1) story or more.
(18) Group S-2* - An automatic fire sprinkler system shall be installed when:
a) Total floor area is any square footage.
b) Total height is four (4) stories or more.
c) Excludes those garages under an R-3 occupancy.
*Exception: Open parking garages used for the parking or storage of private
motor vehicles. An approved standpipe system and/or hose stations shall be
required.
Section 903.6 of the Adopted Fire Codes is amended to read as follows:
Section 903.6. Existing Buildings
The provisions of this section are intended to provide a reasonable degree of safety in
existing structures not complying with the minimum requirements of the adopted Fire
Codes by requiring the installation of an automatic fire sprinkler system in existing
structures.
(1) In all new buildings per Section 903.2 of this Municipal Code.
(2) In any existing building after the completion of any major alteration or addition
which will exceed five thousand (5,000) square feet of floor area.
(3) In any existing building where an addition or additions exceeds twenty-five (25)
percent of the existing floor area as of January 1, 1990 or five thousand (5,000)
square feet, whichever is less, and the existing building is over five thousand
(5,000) square feet.
(4) When the valve of alterations or repairs to an existing building, which as five
thousand (5,000) or more square feet, exceeds twenty-five (25) percent of the
value of the building in any twelve (12) month period.
[H
Ordinance No.2166
Section 904.2 of the Adopted Fire Codes is amended to read as follows:
Section 904.2. Where Required
Approved fire suppression systems shall be provided for the protection of commercial
type food heat processing equipment, in cooking facilities where food containing fat is
fried, broiled, grilled or barbequed upon or over a grill, pit or spit.
Section 907.2.10 of the Adopted Fire Codes is amended to read as follows:
Section 907.2.10. Single- and multiple -action smoke alarms.
Listed single- and multiple -station smoke alarms complying with UL 217 shall be
installed in accordance with the provisions of NFPA 72 and Sections 907.1.10.1.1 and
Section 907.2.10.1.2 of the adopted Fire Codes.
Smoke detectors in dwelling units and guest rooms. Every existing building used
as a single family or multiple family occupancy, hotel, motel, boarding house, or mobile
home shall have installed therein an approved smoke detector that operates on products
of combustion and meets the requirements of Section 907.2.8 of the 2007 Edition of the
California Building Code under the following conditions:
Whenever a permit is required for addition or alteration to that building.
Section 307.1 of the Adopted Fire Codes is amended to read as follows:
Section 307.1. General
A person shall not kindle or maintain or authorize to be kindled or maintained any open
burning or rubbish fire on private land within the city unless conducted and approved in
accordance with this section.
Section 304.3.3 of the Adopted Fire Codes is amended to read as follows:
Section 304.3.3. Rubbish Within Dumpsters
Rubbish Within Dumpsters. Dumpsters and containers with an individual capacity of 1.5
cubic yards (40.5 cubic feet) or more shall not be stored in buildings or placed within five
(5) feet of combustible wall, openings or combustible roof eave lines. Except as provided
for in this section.
Commercially serviced refuse containers of capacities larger than 1.5 cubic yards
(40.5 cubic feet) or more shall be constructed of metal and provided with metal lids.
Containers shall be delivered and restored after servicing with the lids in a closed
position. Lids shall be maintained in the closed position except during the process of
introducing or removing refuse.
Commercially serviced refuse containers shall be serviced as often as necessary to
prevent over filling. Placement of refuse which raises the lid of the container by more
than V2 inch from closed position is prohibited. No refuse shall be allowed to accumulate
outside of refuse containers.
Commercially serviced refuse containers shall be signed "Keep Lid Closed" with
letters at least three (3) inches high with a one (1) inch stroke on a contrasting
background.
Trash enclosures and refuse storage areas located beneath combustible
construction shall be protected by automatic sprinklers. Trash chutes and trash rooms
constructed shall be protected by automatic sprinklers approved by the fire chief. If
located in residential occupancies, a smoke detector system approved by the fire chief
shall also be provided.
Section 304.1.2 of the Adopted Fire Codes and Section 603, Table 603.2 of the 2006
International Wildland Urban Interface Code is amended to read as follows:
Section 304.1.2. Vegetation
17
Ordinance No. 2166
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.
Section 803.4 of the Adopted Fire Codes is amended to read as follows:
Section 803.4. Fire -retardant coatings
The required flame spread or smoke -developed index of surfaces in existing buildings
shall be allowed to be achieved by application of approved fire -retardant coatings, paints
or solutions to surfaces having a flame spread index exceeding that allowed. Such
applications shall comply with NFPA 703 and the required fire -retardant properties shall
be maintained or renewed in accordance with the manufacturer's instructions.
Any person applying flame -proofing, fire retarding solution or other material,
including Christmas trees for commercial or non-commercial purposes in commercial,
industrial, or institutional occupancies shall use a chemical or solution approved for such
use listed by the State Fire Marshal of the State of California, and the material shall be
applied in conformance with the listing and the regulations of the State Fire Marshal's
Office.
Section 105.6 of the Adopted Fire Codes is hereby amended by adding Sections 105.6(a)
through Sections 105.6(o to read as follows:
Section 105.6(a). Christmas Tree Sales Lots
All temporary lots for the display and sale of Christmas trees are required to have a
permit and shall be located, maintained, and operated subject to the following provisions:
105.6(b) Permits
All applications for permits shall be made in writing, filed with the city council, and shall
state the name of the applicant, his 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 and by a clearance from the department of building and safety as to the
proposed electrical installation, if any, and additionally by clearance from the engineering
department for review of stand 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.
105.6(c) Fire Protection
There shall be maintained in each premises or display area where Christmas trees are sold
or offered for sale, at least two (2) fire extinguishers with a minimum rating of 2A. No
extinguisher shall be more than seventy-five (75) feet travel distance from any tree on
display or in storage.
105.6(d) Tents or canopies
Ea
Ordinance No.2166
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 24 of the
adopted Fire Codes. All tents, canopies and temporary membrane structures shall be
made of flame -proof materials or rendered flame retardant by an approved process.
105.6(e) _Display
Christmas trees shall not be displayed under covered walkways in shopping centers
unless the walkway is protected by an approved automatic fire sprinkler system.
105.669 Lot Closure
Christmas tree lots must be removed and the debris cleared no later than ten (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 cleaning up the area and will not be
returned.
Section 3301.2 of the International Fire Code is amended to read as follows:
Section 3301.2. Permit Required
The City Council may permit any person to make 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 findings and his recommendations for or against reasons therefore, to the City
Council. The City Council shall 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. (Ord. No. 1960,
§ 2, 11-21-95; Ord. No. 1979, § 2, 11-5-96; Ord. No. 2033, § 4, 6-1-99; Ord. No. 2083, §
4, 10-1-02).
Section 3301.2.2 of the International Fire Code is amended to read as follows:
Section 33012.2. Sale and Retail Display
No person shall construct a retail display nor offer for sale explosives, explosive
materials or fireworks upon highways, sidewalks, public property or in Group A or E
occupancies.
The sale, use and discharge of safe and sane fireworks is prohibited within the City.
(Ord. No. 1790, § 3, 9-12-88 and Sec. 15-62 of WCMC.).
Sec.10-28. Appeals
Whenever the chief disapproves an application or refuses to grant a permit applied for, or
when it is claimed that the provisions of the code do not apply or that the true intent and meaning
of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the chief to a board of appeals as outlined in Section 108 of the International Fire
Code, 2006 Edition within thirty (30) days from the date of the decision to appeal. (Ord. No.
1960, § 2, 11-21-95).
Sec. 10-29. New Materials, processes or occupancies which may require permits.
The building and safety director, the fire chief, and the chief of the bureau of fire
prevention 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 permit are
required in addition to those now enumerated in said Code. The chief of the bureau of fire
prevention shall keep such list in his office for public review and distribute copies thereof to
interested persons. (Ord. No. 1960, § 2, 11-21-95).
Sec. 10-30. Violations and penalties.
Any person who violates any provision of this code or standards hereby adopted or fail to
comply therewith, or who violates or fails to comply with any order made thereunder, or who
19
Ordinance No. 2166
builds in violation of any detailed statement of specifications or plans submitted and approved
thereunder, or any certificate or permit issued thereunder, and from which no appeal has been
taken, or who fails to comply with such an order as affirmed or modified by the city council of
the City of West Covina or by a court of competent jurisdiction, within the time fixed herein,
shall severally for each and every such violation and noncompliance, respectively, be guilty of a
misdemeanor, punishable by a fine of not less than one hundred dollars ($100.00) nor more than
five hundred dollars ($500.00) or by imprisonment not to exceed six (6) months or by both such
fine and imprisonment. The imposition of one penalty for any violation shall not excuse the
violation or permit it to continue; and all such persons shall be required to correct or remedy
such violations or defects within a reasonable time; and when not otherwise specified, each and
every day or portion thereof that prohibited conditions are maintained shall constitute a separate
offense.
The application of the above penalty shall not be held to prevent the enforced removal of
prohibited conditions.
Sec. 10-31. Repeal of conflicting ordinances.
All former ordinances or parts thereof conflicting or inconsistent with the provisions of
this ordinance or of the code or standards hereby adopted and hereby repeal. (Ord. No. 1960, f
3, 11-21-95).
APPROVED AND ADOPTED on this 41h day of December, 2007.
ATT T:
L' I aa��a�
City Clerk L urie Carrico
1P �A n S�"
May r Michael Touhey
1, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 20"' day of November, 2007. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 41h day of
December, 2007, by the following vote:
AYES:
Herfert, Hernandez, Lane, Sanderson,
NOES:
None
ABSENT:
None
ABSTAIN:
None
APPROVED AS TO FORM:
C ty Atto ey AJnold Alvarez-Glasman
City Clerk L'iiurie Carrico
20
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. ,2 ,6 was duly enacted
and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C.
36933), at the following locations:
West Covina City Clerk's Office (3`a floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
, . &!-a�
Susan Rush, A sistant City Clerk
Posted: 16 U.-ML4J 00