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Ordinance - 2302ORDINANCE NO.2302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES II, IV, VI, AND VII; CHAPTER 9, ARTICLE I; AND CHAPTER 10, ARTICLE II OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 2016 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2016 CALIFORNIA RESIDENTIAL CODE, 2016 CALIFORNIA MECHANICAL CODE, 2016 CALIFORNIA PLUMBING CODE, 2016 CALIFORNIA ELECTRICAL CODE, 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2016 CALIFORNIA ENERGY CODE, AND THE 2016 CALIFORNIA FIRE CODE The City Council of the City of West Covina, California, does ordain as follows: SECTION NO.1: Findings. The State of California has amended and adopted the 2016 edition of the California Codes effective January 1, 2017. 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. Amendments to the 2016 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, IV, VI, VII, Chapter 9, Article I; and Chapter 10, Article II 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 2016 Edition of the California Building Code including appendices G, I, and J and indices and the 2016 Edition of the California Residential Code including appendices H and K and indices which on October 17, 2016, were made a public record of the City, 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 is hereby amended to read: Section 7-18 - Violations and Penalties Section 114.4 of the California Building Code is hereby amended to read as follows: "Section 114.4. 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 this Code if constructed after the effective date of such code, shall constitute a continuing violation of such code. 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 R113.4 of the California Residential Code is hereby amended to read as follows: "Section R113.4. 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 this Code if constructed after the effective date of such code, shall constitute a continuing violation of such code. 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 is hereby amended to read: Section 7-18.1— Expiration of Permits Section 105.5 of the California Building Code is hereby amended to add Section 105.5.1 to read as follows: "Section 105.5.1. 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 R105.5 of the California Residential Code is hereby amended to add Section R105.5.1 to read as follows: 2 "Section R105.5.1. 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 is hereby amended to read: Section 7-18.2 — Unfinished Buildings Section 105.3.2 of the California Building Code is hereby amended to add Section 105.3.2.1 to read as follows: "Section 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 R105.3.2 of the California Residential Code is hereby amended to add Section R105.3.2.1 to read as follows: "Section R105.3.2.1 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 is hereby amended to read: Section 7-18.3 - Fees Section 109 of the California Building Code is amended to read as follows: "Section 109. 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 one thousand dollars ($1,000.00), 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 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 ($25.00). 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 R108 of the California Residential Code is amended to read as follows: "Section R108. Fees 2 (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 one thousand dollars ($1,000.00), 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 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 5 paid for such permit; however, the portion of the fee retained shall never be less than twenty-five dollars ($25.00). 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 7-18.5 is hereby amended to read: Section 7-18.5 — Approval Required Section 110.6 of the California Building Code is hereby amended to add Section 110.6.1 to read as follows: "Section 110.6.1. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining written approval of the Building Official. Such written approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required by Section 110 of the California Building Code. There shall be no clearance for connection of gas or electrical utilities until final building, electrical, plumbing, heating, ventilation and air-conditioning inspections have been made and approval has been first obtained from the Building Official, except as provided for in section 7- 18.6 for a temporary certificate of occupancy." Section R109.4 of the California Residential Code is hereby amended to add Section R109.4.1 to read as follows: "Section R109.4.1. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining written approval of the Building Official. Such written approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required by Section R109 of the California Residential Code. There shall be no clearance for connection of gas or electrical utilities until final building, electrical, plumbing, heating, ventilation and air-conditioning inspections have been made and approval has been first obtained from the Building Official, except as provided for in section 7- 18.6 for a temporary certificate of occupancy." Section 7-18.6 is hereby amended to read: Section 7-18.6 — Temporary Occupancy n Section 111.3 of the California Building Code is hereby amended to add Section 111.3.1 to read as follows: "Section 111.3.1. Temporary certificate. A temporary certificate of occupancy may be issued by the Building Official for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure upon application for a temporary clearance of connection of the utilities and payment of fees as set forth by resolution as approved by the City Council. In the event the building is not completed and ready for final inspection in the time prescribed by the Building Official, the building shall be vacated and the utilities disconnected until such time as the building is completed and final inspection is made and a certificate of occupancy is issued as set forth in the sections above." Section R110.4 of the California Residential Code is hereby amended to add Section RI 10.4.1 to read as follows: "Section R110.4.1. Temporary certificate. A temporary certificate of occupancy may be issued by the Building Official for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure upon application for a temporary clearance of connection of the utilities and payment of fees as set forth by resolution as approved by the City Council. In the event the building is not completed and ready for final inspection in the time prescribed by the Building Official, the building shall be vacated and the utilities disconnected until such time as the building is completed and final inspection is made and a certificate of occupancy is issued as set forth in the sections above." Section 7-8.7 is hereby amended to read: Section 7-8.7 — Swimming Pool Defined. Section 202 and Section 3109.2 of the California Building Code are hereby amended to read: "Swimming pool is any outside body of water created by artificial means, which is designed or used for swimming, immersion or therapeutic purposes, any portion of which exceeds eighteen (18) inches in depth, including portable swimming pools and permanent ponds." Section 7-18.10 is hereby amended to read: Section 7-18.10 — Swimming Pool Safety Chapter 31 of the California Building Code is hereby amended to add Section 3109.7 to read as follows: "Section 3109.7 (a) SWIMMING POOLS. SAFETY PRECAUTIONS Every person in possession of land within the City of West Covina, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming 7 pool shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises a fence or other structure not less than five (5) feet six (6) inches in height with no opening therein, other than doors or gates, and other than openings approved by the Building Official upon finding that they will not materially facilitate scaling the fence or other structure by children. 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. (b) SWIMMING POOLS, EMPTYING UPON ABANDONMENT OR VACATION OF PREMISES. (1) No person in possession or control of any swimming pool on any land within the city as either owner, lessee, tenant, purchaser under contract, trustee, mortgagee or beneficiary of the land upon which such swimming pool is located shall abandon or vacate the premises upon which such swimming pool is located or is accessory or appurtenant, or cause or permit the same to be abandoned or vacated, without first having either: a. Emptied all water from such swimming pool and left the same empty; or b. Completely covered said swimming pool with a safe and adequate pool cover or other protective device, approved in writing by the Building Official as sufficient to protect persons, especially children, from falling into such pool. (2) No owner of any swimming pool on any land within the city, upon learning that the premises upon which such swimming pool is located or is accessory or appurtenant having been abandoned or vacated by the person in possession or control of such swimming pool, shall fail, within forty-eight (48) hours after so learning or so being advised by the Building Official, to either: a. Empty all water from said swimming pool and leave the same empty until said premises are again occupied by a person in possession and control of such swimming pool; or b. Completely cover said swimming pool with a safe and adequate pool cover or other protective device approved in writing by the Building Official, as aforesaid, and keep said pool so covered until said premises are again occupied by a person in possession and control of such swimming pool. (3) "Abandon" and "abandoned," as used in this section, shall mean the leaving of premises without actual, apparent and manifest intention to return thereto within a reasonable and foreseeable time unless definite provision has been made in writing prior to leaving the premises to have them actually occupied within thirty (30) days of such leaving by some other person who will be in possession and control of such swimming pool. (4) "Vacate" and "vacated," as used in this section shall mean the leaving of premises without the bona fide intent to return and actually returning to said premises within a period of thirty (30) days or less (or such additional period not exceeding an aggregate of sixty (60) days from date of leaving as may be granted by the Building Official for good cause, such as extended Ki vacation, emergency, etc.) unless during said period of absence some other person actually occupies said premises and is in possession and control of such swimming pool. (5) Every person who violates or fails to comply with any of the terms, provisions or requirements of this section shall thereby have agreed and consented and conclusively be deemed to have agreed and consented: a. That the city may enter upon the premises and empty all water from such swimming pool or cause the same to be done; and b. To reimburse the city on demand for the actual cost of emptying such pool or causing the same to be done, and that the city may collect the same from any such person by civil action or any other lawful means selected by or available to the city, including, where applicable, the means provided by Title 5, Division 1, Part 1, Chapter 1, Article 9 (beginning at Section 50230) of the Government Code of the State of California. (c) INSPECTIONS AND APPROVAL OF SWIMMING POOLS All plans hereafter submitted to the city for swimming pools to be constructed shall show compliance with subsection (a), and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements of subsection (a) shall have been complied with. The provisions of this section shall not apply to public swimming pools for which a charge or admission price is required to be paid for such use thereof, nor to swimming pools which are a part of and located upon the same premises as a hotel, motel or apartment house, during the time that the owner, operator or adult employee of such owner or operator is present at and in active charge of the premises upon which such pool is located." Section 7-18.12 is hereby amended to read: Sec. 7-18.12. - Roof coverings Section 1505 of the California Building Code is hereby amended to add Section 1505.1.5 to read as follows: "Section 1505.1.5 (a) Notwithstanding any other provision of the Building Code and Appendices to the contrary, the roof covering of any building hereinafter constructed, regardless of type of occupancy classification, shall be of noncombustible or fire -retardant construction as defined in Section 1505 of the California Building Code and Section R905.1 of the of the California Residential Code. Roof coverings shall bear a minimum Class `B' Fire Classification as defined in Section 1505.1 of the California Building Code and Section R905.1 of the California Residential Code. (b) Any replacement or repair that consists of more than twenty-five (25) percent of the total area of an existing roof within a twelve-month period must be made in conformance with subsection (a) herein. Room additions must also comply with said subsection (a). Skylights shall be constructed as required in chapter 24 of the California Building Code. Penthouses shall be constructed as required in chapter 15 of the California Building Code. Any use of plastics in roofs shall be in accordance with the provisions of chapter 26. Any construction relating to attics and roof drainage shall be in accordance with those governed by the provisions of the Building Code." Section R905 of the California Residential Code is hereby amended to add Section R905.1.2.3 to read as follows: "Section R905.1.2.3 (a) Notwithstanding any other provision of the Building Code and Appendices to the contrary, the roof covering of any building hereinafter constructed, regardless of type of occupancy classification, shall be of noncombustible or fire -retardant construction as defined in Section 1505 of the California Building Code and Section R905.1 of the of the California Residential Code. Roof coverings shall bear a minimum Class `B' Fire Classification as defined in Section 1505.1 of the California Building Code and Section R905.1 of the California Residential Code. (b) Any replacement or repair that consists of more than twenty-five (25) percent of the total area of an existing roof within a twelve-month period must be made in conformance with subsection (a) herein. Room additions must also comply with said subsection (a). Skylights shall be constructed as required in chapter 24 of the California Building Code. Penthouses shall be constructed as required in chapter 15 of the California Building Code. Any use of plastics in roofs shall be in accordance with the provisions of chapter 26. Any construction relating to attics and roof drainage shall be in accordance with those governed by the provisions of the Building Code." Section 7-18.13 is hereby amended to read: Section 7-18.13. Automatic Fire Sprinklers Section 901.2 of the California Building Code is hereby amended to add Section 901.2 to read as follows: "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 406.5 of the California Building Code are exempt from the automatic fire sprinkler requirements of the West Covina Municipal Code. `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 twenty five (25) percent of the current fair market value of said building or structure." Section 7-18.13.1 is hereby amended to read: Section 7-18.13.1 — Automatic Fire Sprinklers: Townhomes 10 Section R313.1 of the California Residential Code is hereby amended to add Section R313.1.2 to read as follows: "Section R313.1.2. Notwithstanding any other provisions of this section, an approved automatic fire sprinkler system shall be installed: 1. 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. 2. 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. 3. 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. `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 twenty five (25) percent of the current fair market value of said building or structure. Exception: An automatic residential sprinkler system shall not be required when additions or major alterations are made to existing townhomes that do not have an automatic residential fire sprinkler system installed and installation of residential fire sprinklers is not required by Section 7-18.13.1, items 1, 2, and 3." Section 7-18.13.2 is hereby amended to read: Section 7-18.13.2 — Automatic Fire Sprinklers: One and Two Family Dwellings Section R313.2 of the California Residential Code is hereby amended to add Section R313.2.2 to read as follows: "Section R313.2.2. Notwithstanding any other provisions of this section, an approved automatic fire sprinkler system shall be installed: 1. 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. 2. 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. 3. 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. 4. In any existing one and two family dwelling where any of the following conditions exist: a. Addition of one thousand (1,000) square feet or more. b. Successive additions totaling one thousand (1,000) square feet or more within a twenty-four month (2 year) period. C. Addition or creation of a habitable floor level above or below the existing level of exit discharge as defined by the Building Code. d. Alterations where fifty (50) percent or more of the roof framing is restructured or replaced. 11 Fire sprinklers shall be installed in existing and proposed portions of the building including attached garages and other enclosed structures. `Major Alterations or Repairs' is defined as alterations or repairs requiring building permits to an existing building or structure of five thousand (5,000) square feet or more where the project valuation cost equals to or exceeds twenty five (25) percent of the current fair market value Exception: An automatic residential sprinkler system shall not be required for additions or major alterations to existing one and two family dwellings that are not already provided with an automatic residential fire sprinkler system and installation of residential fire sprinklers is not required by Section 7-18.13.2, items 1, 2, 3, and 4." Section 7-18.17 is hereby amended to read: Section 7-18.17 —Accessory Storage Sheds on Residential Properties Section R105.2 of the California Residential Code is hereby amended to add Section R105.2.1 to read as follows: "Section R105.2.1. Notwithstanding any other provisions of this section, storage sheds exempt from permits by this chapter shall be separated from each other and other structures by six (6) feet. The separation distance shall be measured from exterior finish of the buildings. Eaves and overhangs from said shed shall not extend more than twelve (12) inches, measured horizontally from a vertical plane, beyond the exterior finish. The maximum height of storage sheds shall not exceed one (1) story and ten (10) feet to any part of the shed measured from existing finished grade. ARTICLE IV. ELECTRICAL CODE Section 7-49 is hereby amended to read: Section 7-49. Adopted. Except as otherwise provided in this Article, the 2016 Edition of the California Electrical Code, which on October 17, 2016, 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. Sec. 7-49.3 is hereby amended to read: Sec. 7-49.3 - Violations and Penalties Article 89.108.4.1 of the California Electrical Code is hereby amended to add Article 89.108.4.1.1 and to read as follows: "Article 89.108.4.1.1. It is unlawful for any person, firm or corporation, either as owner, architect, contractor, artisan or otherwise, to do or knowingly to cause or permit to be done any 12 electrical wiring as defined in this Code in such manner that the same shall not conform to all of the provisions of this Code. It shall be unlawful for any person, firm or corporation to make connection from a source of electrical energy or to supply electric service to any electric wiring devices, appliances or equipment for the installation of which a permit is required, unless such person, firm or corporation shall have obtained satisfactory evidence from the director that such wiring, devices, appliances or equipment are in all aspects in conformity with all applicable legal provisions. Any person, firm or corporation violating any provisions of this Code shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment." Section 7-49.4 is hereby amended to read: Section 7-49.4 - Fees Article 89.108.4.2 of the California Electrical Code is hereby amended to read as follows: "Article 89.108.4.2. (a) Permit fees. A fee for each electrical permit and for the work to be done thereunder shall be paid to the city as set forth in a resolution duly adopted by the city council. (b) Plan review fees. When a plan or other data are required to be submitted for review, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for electrical work shall be equal to twenty-five (25) percent of the total permit fee as set forth in the city council resolution. Where plans are incomplete or changed so as to require an additional plan review, an additional plan review fee shall be charged at the rate shown 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 limitation, and plans and other data 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 request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. 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 investigation 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 investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of either this code nor from any penalty prescribed by law. 13 (e) Fee refunds. (1) The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. (2) The Building Official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. (3) The Building Official may authorize the refunding of not more than eighty (80) percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment." ARTICLE VI. MECHANICAL CODE Section 7-73 is hereby amended to read: Section 7-73. Adopted. Except as otherwise provided in this Article, the 2016 Edition of the California Mechanical Code, which on October 17, 2016, 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. Section 7-75 is hereby amended to read: Section 7-75 - Violations and Penalties Section 106.1 of the code California Mechanical Code is hereby amended to read as follows: "Section 106.1. It shall be unlawful for any person, firm or corporation to erect, install, alter, repair, relocate, add to, replace, use or maintain mechanical equipment or system(s) in the city or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under this Code if installed after the effective date of this Code, shall constitute a continuing violation of this Code. 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." 14 Section 7-77 is hereby amended to read: Section 7-77 - Fees Section 104.5 of the California Mechanical Code is hereby amended to read as follows: "Section 104.5 (a) Permit fees. A fee for each mechanical permit shall be paid to the city as set forth in resolution of the city council. (b) Plan review fees. When a plan or other data are required to be submitted by subsection 113.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for mechanical work shall be equal to twenty-five (25) percent of the total permit fee as set forth in the city council resolution. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown 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 limitation, and plans and other data 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 request by the applicant showing that circumstances beyond the control of the applicant have prevent action from being taken. No application shall be extended more than once. 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 investigation 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 investigation fee shall be equal to the amount of the permit fee that would be required by this Code if a permit were to be issued. 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) Fee refunds. (1) The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. (2) The Building Official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code. (3) The Building Official may authorize the refunding of not more than eighty (80) percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan review effort has been expended. iF The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment." ARTICLE VII. PLUMBING CODE Section 7-85 is hereby amended to read: Section 7-85. Adopted. Except as otherwise provided in this Article, the 2016 Edition of the California Plumbing Code, which on October 17, 2016, 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. Section 7-87 is hereby amended to read: Section 7-87 - Violations and Penalties Section 106.1 of the California Plumbing Code is hereby amended to read as follows: "Section 106.1. It shall be unlawful for any person, firm or corporation to erect, install, alter, repair, relocate, add to, replace, use or maintain plumbing equipment or system(s) in the city or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under this Code if installed after the effective date of this Code, shall constitute a continuing violation of this Code. 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 7-88 is hereby amended to read: Section 7-88 - Fees Section 104.5 of the California Plumbing Code is hereby amended to read as follows: "Section 104.5 (a) Permit fees. A fee for each plumbing permit shall be paid to the city as set forth in resolution of the city council. (b) Plan review fees. When a plan or other data are required to be submitted by subsection 113.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be equal to twenty-five (25) percent of the total permit fee as set forth in the city council resolution. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown 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 limitation, and plans and other data 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 request by the applicant showing that circumstances beyond the control of the applicant have prevent action from being taken. No application shall be extended more than once. 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 investigation 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 investigation fee shall be equal to the amount of the permit fee that would be required by this Code if a permit were to be issued. 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) Fee refunds. (1) The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. (2) The Building Official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code. (3) The Building Official may authorize the refunding of not more than eighty (80) percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan review effort has been expended. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permitee not later than one hundred eighty (180) days after the date of fee payment." CHAPTER 9 ARTICLE I. DRAINAGE AND GRADING Appendix J "Grading" of the California Building Code, 2016 Edition is hereby adopted and amended as shown below. SECTION J101 GENERAL 17 Section J 10 1. 1 Scope. Adopted. Section J 101.2 Flood Hazard Areas. Adopted. SECTION J102 DEFINITIONS. Section J102.1 DEFINITIONS. Adopted and amended by adding definitions as follows: Bedrock is the relatively solid, undisturbed rock in place either at the ground surface or beneath surficial deposits of gravel, sand, or soil. 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. 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. 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 or geotechnical 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" or "geotechnical engineer." For the purpose of this Article, the term "soils engineer" and "geotechnical engineer" may be used interchangeably. SECTION J103 PERMITS REQUIREMENTS Section J103.1 Permits required. Adopted: The following section is added to Section J103 Permits Requirements to read as follows: Section J103.1.1. 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 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 J103.2 is hereby amended to read: A grading permit shall not be required for the following: 1. Grading in an isolated contained area, provided there is no danger to the public, that such grading will not adversely affect adjoining properties. 18 SECTION J104 PERMIT APPLICATION AND SUBMITTALS Section J104.1 Submittal requirements. Adopted The following section is added to Section J104 Permit Application and Submittals to read as follows: Section J 104.1.1. 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 J104.2 Site plan requirements is amended to read as follows: Section J104.2 Additional Requirements Section J104.2.1 Site plan requirements: In addition to the provisions of Section 107 of the California Building Code, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of the code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code. Section J104.2.2 Additional 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 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 J104.3 Geotechnical report. Adopted. Section J104.4 Liquefaction study. Adopted. SECTION J105 - INSPECTIONS Section J105.1 General. Adopted. 19 The following sections are added to Section J 105 — Inspections to read as follows: Section J105.1.1 (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 Civil Engineer. (c) Soils/Geotechnical 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 permittee 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. (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 20 notify the Building Official in writing of such change prior to the recommencement of such grading. Section J105.1.2 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 to be executed: 1. An as -built grading plan prepared by the civil engineer retained to provide such services in accordance with Section J105.1 subsection "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 Civil Engineer. The as -built grading plan shall be submitted to the City Engineer in both Mylar and electronic form. 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. Engineering Grading Approval form provided by the City. 3. A report prepared by the soils engineer retained to provide such services in accordance with Section J105.1 subsection "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. 4. A report prepared by the engineering geologist retained to provide such services in accordance with Section J105.1, 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. 5. The grading contractor shall submit in a form prescribed by the City Engineer a statement of conformance to say as -built plan and the specifications. 6. Notification of Completion. The permittee shall notify the City Engineer 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 J105.2 Special inspection. Amended to read: The special inspection requirements of Section 1704.7, California Building Code, shall apply to work performed under a grading permit where required by the Building Official. SECTION J106 EXCAVATION 21 Section J106 Excavation. Adopted. SECTION J107 FILLS The following section is added to Section J107 Fills to read as follows: Section J107.7 Method of Construction (a) All fill slopes fifteen (15) feet in height or more and steeper than 3 horizontal to 1 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 over -excavated 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 over -excavated a minimum of twelve (12) feet (horizontal) and replaced by the overfilling and cutting back procedure described in paragraph (a). SECTION J108 SETBACKS Section J108 Setback. Adopted. SECTION J109 DRAINAGE AND TERRACING 22 Section J109.1 General. Adopted. Section J109.2 Terraces is amended to read: Terraces. Terraces at least eight (8) feet in width shall be established at not more than twenty-five (25) 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 for 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. 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) Building pads shall have a drainage gradient of at least (2) percent toward approved drainage facilities. Section J109.3 Interceptor drains. Adopted. Section J109.4 Drainage across property lines. Adopted. The following sections are added to J109 Drainage and Terracing to read as follows: Section J109.5 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 %2) percent; Portland cement concrete, one (1) percent. Section J109.6 Drainage devices. 23 (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 J110 EROSION CONTROL Section J110 Erosion Control. Amended and added. Section J110.1 General. Adopted The following section is added to Section J110 Erosion Control to read as follows: Section J110.1.1. 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. Section J110.2 Other devices. Adopted. The following section is added to Section J110 Erosion Control, to read as follows: Section J110.3 The following subsection 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 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 including burrowing rodent control when shown on the grading plans filed with the 24 application for grading permit and approved as a condition precedent to the issuance of such permit. CHAPTER 10 ARTICLE II. 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 2015 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 2015 International Fire Code and 2016 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, 2015 Edition and the California Fire Code, 2016 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. (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. (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 "fire code official" are used they shall be held to mean "Fire Marshal" or "Fire Chief'. Sec.10-23. Reserved. See.10-25. Reserved. See.10-26. Reserved. 25 Sec. 10-27. - Amendments made to the International and California Fire Codes. The International Fire Code, 2015 Edition and the California Fire Code, 2016 Edition as renumbered and adopted under section 10-20 of this chapter is hereby amended and changed in the following respects: Section 1.1.4 Appendices - is hereby amended, as follows: Subsection 1.1.4.1 is hereby added to read: Adopted Appendices — The City of West Covina hereby adopts Appendices B, BB, C, CC, D, E, F, G, H, I, K, M, and N in their entirety as contained within the 2016 California Fire Code. Section 102 Applicability — is hereby adopted in its entirety. Section 103 Department of Fire Prevention — is hereby adopted in its entirety. Section 104 General Authority and Responsibilities — is hereby adopted in its entirety and shall be further amended as follows: Subsection 104.10 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 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 105.6 of the Adopted Fire Codes is hereby amended and renumbered by adding Sections 105.6.5.1 through Sections 105.6.5.1 (e) to read as follows: Section 105.6.5.1 Christmas Tree Sales Lots All temporary, outdoor 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: 105.6.5.1 (a) Permits 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 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 location in relation to possible interruption of traffic. - All permits must be posted in a conspicuous place. 26 • Fires in barbeques or in metal drums or other containers require a special permit that is to be obtained from the fire department. 105.6.5.1 (b) 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. 105.6.5.1 (c) Tents or canopies 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 flameproof materials or rendered flame retardant by an approved process. 105.6.5.1 (d) 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. 105.6.5.1 (e) 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 cleanup and will not be returned. Chapter 3 of the 2016 California Fire Code is hereby adopted in its entirety, except as amended below: Section 304.1.2 of the Adopted Fire Codes and Section 603 of the International Wildland Urban Interface Code is amended to read as follows: Section 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 one hundred (100) feet or to their property line, whichever is closest. A minimum clearance of ten (10) feet shall be maintained between all roads and all dry grass, weeds, vegetation and other combustible material. 27 A minimum clearance of ten (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. A new sub -Section 304.1.2(a) - High Fire Hazard Designation - shall be added and shall read: 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. Section 304.3.3 of the Adopted Fire Codes is amended to read as follows: Section 304.3.3 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 walls, openings or combustible roof eave lines, except as allowed 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 one-half (1/z) 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, additional smoke detection may be required at the discretion of the fire code official. A new Section 320 — Idle Pallets - shall be added and shall read as follows: Section 320 — Idle Pallets Section 320.1 General. The requirements of this section apply to all pallets, whether wood or plastic. 320.2 Storage of idle pallets. The storage of idle pallets shall comply with Sections 320.2.1 through 320.3.8. 28 320.2.1 Idle pallets shall be stored outside of buildings, except as permitted by Section 320.2.2. 320.2.2 Idle pallets shall be permitted to be stored inside a building if the building is equipped with fire sprinklers in accordance with National Fire Protection Association (NFPA) 13. 320.2.3 Idle pallets stored outside buildings shall be stored in accordance with Section 320.3. 320.3 Physical characteristics of outside storage. Outside storage of idle pallets shall comply with Sections 320.3.1 through 320.3.7. feet. 320.3.1 Idle pallet stacks shall not exceed fifteen (15) feet in height. 320.3.2 Idle pallet stacks shall not cover an area of greater than four hundred (400) square 320.3.3 Idle pallet stacks shall be arranged to form stable piles. 320.3.4 A distance of not less than twenty (20) feet shall separate stacks. 320.3.5 Stacks shall be no closer than twenty (20) feet to any property line. 320.3.6 Stacks shall be no closer than twenty (20) feet to any other yard storage. 320.3.7 Stacks shall be no closer than the distances shown in Table 320.3.8 to buildings. TABLE 320.3.8 REQUIRED CLEARANCES BETWEEN OUTSIDE IDLE PALLET STORAGE AND BUILDINGS. Under Over Wall Construction 50 51-200 200 Pallets Pallets Pallets Masonry with no openings No No 15 restrictions restrictions feet Masonry with wired glass in openings, No 10 feet 20 outside sprinklers, and one -hour doors restrictions feet Masonry with wired or plain glass, 10 feet 20 feet '0 outside sprinklers, and VA hour doors feet Wood or metal with outside sprinklers 10 feet 20 feet ' 0 feet Wood, metal, or other 20 feet 30 feet 50 1-eet 79 Section 503 — Fire Department Access Roads - is hereby added and adopted as part of this Code and shall be amended as follows: 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 Division per the requirements of the 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 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 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 fire code official 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 are hereby amended to read as follows: Section 503.5.1 and Section 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 a card reader, which will accept a Fire Department master key card. 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 card entry system. 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. 30 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 setback 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 setback of greater than 100' but does not exceed 200' from the curb face must have a minimum of 12 inch numbers. Section 507.3 and Appendix B of the Adopted Fire Codes are amended to read as follows: A new Subsection 507.3.1 - Fire Flow Minimum Requirement — shall be added as a replacement to previous Section 507.5.7 "Water Supplies" and shall read as follows: 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 one thousand (1,000) gallons per minute, at a residual pressure of at least 20 psi. No person shall erect or modify any building, in such a manner so as to create a fire flow requirement in excess of five thousand (5,000) gallons per minute. No building shall be constructed that exceeds the maximum available fire flow to the building site. Section 507.5 and Appendix C of the Adopted Fire Codes are hereby amended to read as follows: A new Subsection 507.5.7 - Fire Hydrant Minimum Flow and Access — shall be added and shall replace previous Section 507.5 and shall read as follows: 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 fire chief. All fire hydrants shall discharge an actual fire flow of 1,000 gallons per minute, minimum. Fire hydrants shall be accessible to the fire department apparatus by an approved roadway, meeting the requirements of Section 503.2.1, 503.2.2, and West Covina Municipal Code Section 22-188. 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 901.2 of the Adopted Fire Codes is amended to read as follows: 31 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: 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 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. Two new sub -Sections, 901.4.4 (a) and 901.4.4 (b), shall be added and shall read as follows: Section 901.4.4 (a) 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 901.4.4 (b) In Group R occupancies with a combined fire/domestic service installed, a main control valve, identified by signage, shall be installed on the street side of the system, in addition to a domestic -only control valve. A dedicated fire -only control valve shall not be allowed. 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 requirements of the 2016 Editions of the NFPA Standards 13, 13R, 13D and 25, as applicable. Section 903.2 of the adopted Fire Codes is hereby amended and/or re -numbered, to read as follows: Section 903.2 Fire Sprinkler Systems - Where Required 32 Approved automatic sprinkler systems shall be provided in the locations and/or occupancies described in Sections 903.2.1 through 903.2.9.1. (1) 903.2.1.1 Group A-1 - Item no. 1 is amended in its entirety to read: 1. The fire area exceeds five thousand (5,000) square feet. (2) 903.2.1.3 Group A-3 - Item no. 1 is amended in its entirety to read: 1. The fire area exceeds five thousand (5,000) square feet. (3) 903.2.1.4 Group A-4 - Item no. 1 is amended in its entirety to read: 1. The fire area exceeds five thousand (5,000) square feet. (4) 903.2.1.5 Group A-5 - An automatic sprinkler system shall be provided for Group A-5 occupancies where one of the following conditions exists: 1. The total floor area exceeds one thousand (1,000) square feet. 2. Occupant load is equal to or more than thirty (30) persons. 3. Total height is fifty-five (55) feet above the lowest level of fire department vehicle access. (5) 903.2.2.1 Other Group B Occupancies - A new Subsection 903.2.2.1 is added and shall read: 903.2.2.1 - An automatic sprinkler system shall be provided for all other Group B occupancies where one of the following conditions exists: 1. The total floor area exceeds five thousand (5,000) square feet. 2. The occupant load is equal to or more than fifty (50) persons. 3. The total height is fifty-five (55) feet above the lowest level of fire department vehicle access. (6) 903.2.3 Group E — Item no. 1 shall be is amended, as follows: 1. Throughout all Group E occupancies exceeding five thousand (5,000) square feet or having a calculated occupant load of 100 or more persons. (7) 903.2.4 Group F-1 - Item no. 1 is amended in its entirety to read: 1. The fire area exceeds five thousand (5,000) square feet. (8) 903.2.4.2 Group F-2 - A new Subsection 903.2.4.2 is added and shall read: 903.2.4.2 - An automatic fire sprinkler system shall be installed in Group F-2 areas when: 1. The fire area exceeds five thousand (5,000) square feet (9) 903.2.7 Group M - Item no. 1 is amended in its entirety to read: 1. The fire area exceeds five thousand (5,000) square feet. (10) 903.2.9 Group S-1 - Item no. 1 is amended in its entirety to read: 1. The fire area exceeds five thousand (5,000) square feet. (11) 903.2.10 Group S-2 - Item no. 1 is amended in its entirety to read: 1. The fire area exceeds five thousand (5,000) square feet. Section 903.4.2 of the Adopted Fire Code is hereby amended, as follows: A new Subsection 903.4.2.1 shall be added, as follows: 33 Section 903.4.2.1 — 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. Section 903.6 of the Adopted Fire Codes is amended, including a new Subsection (5), to read as follows: Section 903.6. Existing Buildings In addition to the requirements of Chapter 11, 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, as follows: (1) In all new buildings per Sections 7-18.13 and 10-27 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 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 (12) month period. exist: (5) In any existing one and two family dwelling where any of the following conditions a. Addition of one thousand (1,000) square feet or more. b. Successive additions totaling one thousand (1,000) square feet or more within a 24- month (2 year) period. C. Addition or creation of a habitable floor level above or below the existing level of exit discharge as defined by the Building Code. d. Alterations where fifty (50) percent or more of the roof framing is restructured or replaced. Fire sprinklers shall be installed in existing and proposed portions of the building including attached garages and other enclosed structures. "Major Alterations or Repairs" is defined as alterations or repairs requiring building permits to an existing building or structure of five thousand (5,000) square feet or more where the project valuation cost equals to or exceeds twenty-five (25) percent of the current fair market value of said building or structure." Section 904.2 of the Adopted Fire Code is hereby re -numbered to read: Section 904.2.3 Commercial Cooking Equipment — Barbeques, grills or spits - Where Required. 34 Approved fire suppression systems shall be provided for the protection of commercial 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 5608 of the California Fire Code is amended to read as follows: Section 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 fifteen (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. Section 5609 of the California Fire Code is amended to read as follows: Subsection 5609.2 — Sale and Retail Display — shall be added and shall read as follows: 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. SECTION NO.2: The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law. SECTION NO. 3: This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. 35 PASSED, APPROVED AND ADOPTED on this 15"' day of November, 2016. APP OVED AS TO FORM: n z� Kimberly HMI Barlow City Attorney J es loma. ay ATTEST: Nickolas S. Lewis City Clerk - I, NICKOLAS S. LEWIS, 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 1"day of November, 2016. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 151h day of November, 2016, by the following vote: AYES: Nickolas S. Lewis City Clerk - I, NICKOLAS S. LEWIS, 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 1"day of November, 2016. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 151h day of November, 2016, by the following vote: AYES: Johnnson, Spence, Warshaw, Wu, Toma NOES: None ABSENT: None ABSTAIN: None Nick as SAe_wis City C`leyk /: