Ordinance - 2468URGENCY ORDINANCE NO.2468
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING ARTICLE II OF CHAPTER
10 OF THE WEST COVINA MUNICIPAL CODE TO ADOPT BY
REFERENCE THE 2019 CALIFORNIA FIRE CODE, WHICH ADOPTS BY
REFERENCE THE 2018 INTERNATIONAL FIRE CODE; AND MAKING
AMENDMENTS THERETO
WHEREAS, the California Building Standards Commission recently published the 2019
California Building Standards Code, which includes the 2019 California Fire Code (the "2019 Fire
Code"); and
WHEREAS, the 2019 Fire Code will be effective on January 1, 2020; and
WHEREAS, Section 17958.5 of the California Health and Safety Code permits the City
to make changes or modifications to the 2019 Fire Code, which incorporates by reference the 2018
International Fire Code with California amendments, as codified within the 2019 Fire Code, as
such changes are reasonably necessary because of local climatic, geographical or topographical
conditions; and
WHEREAS, Section 13143.5 of the Health and Safety Code permits the City, by
ordinance to make changes or modifications to the 2019 Fire Code that are more stringent than the
requirements published in the 2019 Fire Code, relating to fire and panic safety; and
WHEREAS, Sections 13143.5 and 17958.7 of the Health and Safety Code require the
City, prior to adopting the ordinance, to make express findings that the adopted standards are
reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the findings and local amendments apply to all occupancy classifications,
unless specified otherwise; and
WHEREAS, the City Council of the City of West Covina finds that the modifications to
the 2019 Fire Code are reasonably necessary due to the following local climatic, geological, 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; and
WHEREAS, the City Council recognizes that there is a need to enact the provisions
contained in this Ordinance immediately to preserve and protect the public health, safety and
welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The City Council finds that all of the recitals set forth herein are true and
correct.
SECTION 2: The City Council makes and adopts as findings the facts and conclusions
set forth in the recitals of this Ordinance and, for the reasons set forth in the recitals, finds that the
modifications to the 2019 California Fire Code are reasonably necessary due to local climatic,
geological, or topographical conditions.
SECTION 3: The City Council hereby finds and determines that this Ordinance is an
urgency measure necessary for the immediate preservation and protection of the public health,
safety and welfare, and it shall come effective immediately upon its adoption. The City Council
finds that the following circumstances constitute such urgency: (1) the 2019 California Fire
Code becomes effective January 1, 2020; (2) pursuant to State law, the 2019 California Fire
Code is applicable to all occupancies throughout the State; (3) State law permits local
governments to make amendments to the 2019 California Fire Code, provided that certain
requirements are met; (4) if a local government does not enact amendments that are operative
January 1, 2020, the local government must enforce the unamended 2019 California Fire Code;
(5) the City of West Covina requires the modifications set forth herein due to local
topographical, geological, and climatic conditions; (6) such modifications must be operative
January 1, 2020 in order to protect and preserve the public health, safety and welfare.
SECTION 4: Article II of Chapter 10 of the West Covina Municipal Code is hereby amended
as follows:
(a) Section 10-20 of Article II of Chapter 10 of the West Covina Municipal Code shall be
amended to read as follows :
Section 10-20. — Adopted.
Except as otherwise provided in this article, the City Council of the City of West Covina hereby
adopts by reference for the purpose of prescribing regulations governing conditions hazardous to
life and property from fire or explosion, that certain Code known as the 2019 California Fire Code,
which adopts by reference the 2018 International Fire Code, published by the International Code
Council, including appendix chapters with errata. In the event of any conflict or ambiguity between
any provision contained in such codes set forth above, and any amendment thereto contained in
this article or other provision of the Municipal Code, the amendment or addition shall control.
One (1) complete copy of the 2019 California Fire Code, with errata and supplements and one (1)
complete copy of the 2018 International Fire Code shall be at all times maintained by the city clerk
for use and examination by the public.
(b) Section 10-21 of Article II of Chapter 10 of the West Covina Municipal Code shall be
amended to read as follows:
Section 10-21. - Establishment and duties of bureau of fire prevention.
(a) The California Fire Code, 2019 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.
(c) Section 10-22 shall be deleted in its entirety and replaced as follows:
"Section 10-22. - Reserved."
(d) Section 10-27 of Article II of Chapter 10 of the West Covina Municipal Code shall be
amended to read as follows:
Section 10-27. - Amendments made to the California Fire Code.
The California Fire Code, 2019 Edition, as renumbered and adopted under section 10-20 of this
chapter, is hereby amended as follows:
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 A, B, BB, C, CC, D, E, F, G, H, I, K, M, N, and O in their entirety as
contained within the 2019 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, if meeting the
definition of "peace officer" as outlined in California Penal Code section 830.37, shall have
the power to arrest any person without warrant whenever they have reasonable cause to believe
that the person has violated any provision of this chapter in their presence. Those persons
certified as "Fire Investigators" shall also have peace officer powers under Penal Code section
830,37..
Section 105.6 is hereby amended to add Sections 105.6.5.1(a) 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.
• 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 on Christmas Tree Lots
A separate permit shall be obtained from the fire department for all tents, canopies and
temporary membrane structures and they shall meet all requirements of Chapter 31 of the
California Fire Code. 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 trees shall 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 is hereby adopted in its entirety, except as amended below:
Section 304.1.2 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 100 feet or to their property line, whichever is closest.
A minimum clearance of 10 feet shall be maintained between all roads and all dry grass, weeds,
vegetation and other combustible material.
Aminimum clearance of 10 feet shall be maintained between any tree or portion of a tree from
the outlet of a chimney or stovepipe.
All roofs of any structure shall be maintained free of leaves, needles or other dead vegetative
growth.
It shall be unlawful for any person to deposit any grass, weeds, brush, debris, trash or other
waste material upon any vacant lot or parcel of ground within the City.
A new sub -section 304.1.2(a) - High Fire Hazard Designation - shall be added and shall read as
follows:
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 503 — Fire Department Access Roads - is hereby added and adopted as part of this Code
and shall be amended as follows:
Section 503.3 is amended to read as follows:
Section 503.3 Markings or Postings of Fire Apparatus Access Roads
When required by the fire code official, approved signs or other approved notices shall be
provided for fire apparatus access roads to identify such roads or prohibit the obstruction
thereof. Signs or notices shall be maintained in a clean and legible condition at all times and
be replaced or repaired when necessary to provide adequate visibility. Those areas determined
to be "Fire Lanes" shall be posted in accordance to the standards set forth by the West Covina
Engineering Department per the requirements of the West Covina Municipal Code, Section
22-188.
Section 503.4 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 and 503.2.2, 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 are hereby amended to read as follows:
Sections 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 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 from the
street or road fronting the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum
of 4 inches high, for residential homes, with a minimum stroke width of 0.5 inch.
Numbers for commercial or industrial buildings shall be a minimum of 8 inches high, located
near 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 are amended as follows:
A new Subsection 507.3.1— Fire Flow Minimum Requirement — shall be added to 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 1000 gallons per minute, at a residual pressure of at least 20 psi.
Chapter 9 — Fire Protection Systems — is adopted in its entirety with the following deletions and
amendments:
Section 901.2 is hereby deleted in its entirety.
Section 901.4 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 to read as follows:
Section 901.4.4.1 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 901.4.4.2 In Group R occupancies with a combined fire/domestic service installed, a
main control valve, identified by signage, shall be installed before the tee split to the domestic
piping, in addition to a domestic -only control valve. The main control valve shall be clearly
identified, be readily accessible, and shall be ready for use without requiring a tool or wrench
to operate. A separate fire -only control valve shall not be allowed.
Section 901.6.1 is amended to read as follows:
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 National Fire Protection Association
(NFPA) Standards 13,13R, 13D and 25, as applicable.
Section 903.2 is hereby amended to read as follows:
Section 903.2 Fire Sprinkler Systems - Where Required
Approved automatic sprinkler systems shall be provided in specific buildings, occupancies and
structures as follows:
(1) New Buildings — Notwithstanding any applicable provisions of Sections 903.2.1 through
903.2.19 of this Code, an automatic fire extinguishing system shall be installed in all new
structures when the total building area, as defined in Section 202, exceeds five thousand
(5,000) square feet or is more than two stories in height, regardless of fire or allowable
areas.
Exception: Subject to the approval of the fire code official, open parking garages, in accord
with Section 406.5 of the California Building Code.
(2) Existing Buildings:
Notwithstanding any applicable provisions of this Code, an automatic fire sprinkler system
shall be provided in any existing, building upon occurrence of any of the following:
(a) In any existing building after the completion of any major alteration or addition which
will exceed five thousand (5,000) square feet in floor area;
(b) 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;
(c) When the value of alterations or repairs to an existing building, which is 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.
Exception: In any existing one and two family dwelling, fire sprinklers will be required
where an addition of one thousand (1,000) square feet or more is added, where an addition
or creation of a habitable floor level above or below the existing level of exit discharge
takes place, or when alterations are made which affect fifty (50) percent or more of the
structural or roof framing.
"Major Alterations or Repairs" is defined as alterations or repairs requiring building permits
to an existing building or structure of 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 903.2.3 is hereby amended as follows:
The following exceptions in the California Fire Code shall NOT be permitted:
a) Exception in Section 903.2.3
b) Exception in Section 903.2.11.3
A new Subsection 903.3.5.3 is hereby added to read as follows:
Section 903.3.5.3 — Hydraulically calculated systems. The design of hydraulically calculated fire
sprinkler systems shall not exceed ninety (90) percent of the water supply capacity.
Section 903.4.2 is hereby amended as follows:
A new Subsection 903.4.2.1 is hereby added to read as follows:
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 5608 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 or her findings and 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 is hereby 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.
Chapter 80 shall be amended as follows
(1) Revise NFPA 13D, Section 7.6, as follows:
7.6 Local waterflow alarms shall be provided on all sprinkler systems.
(2) Revise NFPA 13D, Section 8.3.5. and 8.3.5.1, as follows:
8.3.5 Sprinklers shall not be required in attics without storage or other concealed spaces
that are not used or intended for living purposes.
8.3.5.1 (Replace Wording) When fuel -fired equipment is present in the attic, at least one
quick -response, intermediate temperature sprinkler shall be installed above the equipment.
(3) Delete in entirety NFPA 13D Sections 8.3.5.1.1 and 8.3.5.1.2.
(4) Revise NFPA 13D, Section 8.3.9, as follows:
8.3.9 Sprinklers shall be installed in any closet or combustible enclosure containing
heating and/or air conditioning equipment, washers and/or dryers, or water heaters.
SECTION 5: Severability. If any section, subsection, clause or phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of all other provisions of this
Ordinance. The City Council of West Covina hereby declares that it would have passed this
Ordinance, and each section, subsection, sentence, clause and phrase or portion thereof,
irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or
phrases or portions thereof be declared invalid or unconstitutional.
SECTION 6: Effective Date. This Urgency Ordinance shall become effective
immediately and operative on January 1, 2020.
SECTION 7: Expiration. This Ordinance shall expire upon the effective date of
Ordinance No. 2467.
SECTION 8: Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall cause this Ordinance to be published or posted as required by law.
SECTION 9: Certified Copy. The City Clerk shall file a certified copy of this Ordinance
with the California Building Standards Commission.
PASSED, APPROVED AND ADOPTED this 17th da of December, 2019.
Ton u
yor
APPROV TO FORM
ATTES
Mar Persico
Thomas P. Du e
City Attorney
Assistant City Manager/Acting Assistant
City Clerk
10
I, Lisa Sherrick, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby
certify that the forgoing Urgency Ordinance No. 2468 was regularly introduced and placed upon
its first reading and duly adopted and passed at a regular meeting of the City Council on the 171h
day of December, 2019, by the following vote:
AYES: Castellanos, Johnson, Shewmaker, Lopez-Viado, Wu
NOES: None
ABSENT: None
ABSTAIN: None
Lisa Werrick
As ' ant City Clerk