Ordinance No. 1170ORDINANCE NO. 1170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON REPEALING SECTION 7.3 OF THE VERNON CITY
CODE AUTHORIZING THE DELEGATION OF ENFORCEMENT
RESPONSIBILITIES FOR CERTAIN PROVISIONS OF THE FIRE
CODE AND OTHER FIRE SAFETY REGULATIONS
WHEREAS, Section 7.3 of Article I of Chapter 7 the Vernon
City Code provides that the City Administrator may assign to the
Director of Community Services all or part of the responsibility for
enforcing certain sections of the Uniform Fire Code and provisions of
the City Code regarding weed and rubbish abatement; and
WHEREAS, the City Council of the City of Vernon believes that
these enforcement responsibilities are more appropriately delegated to
the Fire Chief and fire department personnel.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
repeals Section 7.3 of the Vernon City Code.
SECTION 2: Severability. If any section, subsection,
subdivision,paragraph, sentence, clause, phrase, or word in this
Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council hereby declares that it would have adopted
this Ordinance and each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses, phrases or words be declared unconstitutional, or invalid, or
ineffective.
SECTION 3: Book of Ordinances. The City Clerk shall attest
and certify to the adoption of this Ordinance and shall cause this
Ordinance and the City Clerk's certification to be entered in the Book
of Ordinances of the Council of this City. The City Clerk shall cause
this ordinance to be published or posted as required by law.
SECTION 4: Effective Date. This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m. on the thirty-
first (31st) day after its -passage.
APPROVED AND ADOPTED this 20th day. of September, 2011.
Name: Hil.ario Gonzales
Title: Mayor / ro-
-2-
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, WILLARD G. YAMAGUCHI, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1170, was duly and regularly introduced at a
meeting of the City Council of the City of Vernon, held in the
City of Vernon on Monday, June 7, 2010, and thereafter adopted
at a meeting of said City Council held on Tuesday, September 20,
2011, by the following vote:
AYES: Councilmembers: Mayor Gonzales, Davis,
Maisano, McCormick,
Newmire
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this 6 O day of September, 2011, at Vernon,
California.
(SEAL)
- 3 -
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: September 21, 2011
TO: Mark Whitworth, City Administrator/Fire Chief
Kevin Wilson, Director of Commu
nity Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Ordinance No. 1170 — An Ordinance of the City Council of the City of Vernon
Repealing Section 7.3 of the Vernon City Code Authorizing the Delegation of
Enforcement Responsibilities for Certain Provisions of the Fire Code and Other Fire
Safety Regulations
Transmitted herewith is a copy of Ordinance No. 1170 referenced above, which was approved by City
Council on September 20, 2011.
Thank you.
WY:dj
Attachment
c: Rory Burnett
Ana Barcia
Ordinance No. 1170
CITY OF VERNON CITY COUNCIL MEETING
SEPTEMBER 20, 2011
SUMMARY FOR ORDINANCE NOS. 1160 —1167, 1169 — 1181 AND 1183
A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NOS.
1160 —1167, 1169 —1181 AND 1183 ARE AVAILABLE IN THE OFFICE OF THE
CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA.
On September 20, 2011, the City Council of the City of Vernon is proposing to adopt
Ordinance Nos. 1160 — 1167, 1169 —1181 and 1183 amending certain provisions of the
Vernon City Code as follows:
Ordinance No. 1160 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on October 26, 2009. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1160 amending Sections 13.48 to 13.73 and adding
Section 13.74 to Article IV, Hazardous Materials Monitoring Program, of Chapter 13,
Health and Sanitation, of the Vernon City Code as follows:
1. To change the title of Article IV of Chapter 13 to Hazardous Materials
Monitoring and Control Program;
2. To update and clarify definitions and other provisions in accordance with State
hazardous material laws, regulations and regulatory options;
3. To renumber the following sections: Section 13.55 to 13.57, Section 13.57 to
13.55, Section 13.72 to 13.73 and Section 13.73 to 13.74; and
4. To add a section regarding unlawful hazardous materials management.
Ordinance No. 1161 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on October 19, 2009. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1161 adopting by reference the Department of Water
Resources State Model Landscaping Ordinance, amending Sections 25.100, 25.101,
25.102, 25.103, 25.104, 25.105, 25.106(b), 25.107(a) and adding Section 25.112 to
Article VI, Water Conservation of Chapter 25, Water, of the Vernon City Code as
follows:
1. To meet the requirements of the Metropolitan Water District Model Efficient
Landscape Ordinance; and
2. To add a section regarding the Department of Water Resources State Model
Efficient Landscape Ordinance.
Ordinance No. 1162 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on October 26, 2009. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1162 amending Sections Article XIV of Chapter 2 of
the Vernon City Code relating to the recall of Members of the City Council.
Ordinance No. 1163 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on January 4, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1163, an Emergency Zoning Ordinance prohibiting the
establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation
operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-
4, of the Vernon City Code as follows: _
1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation;
and
2. To prohibit the use in any Zone or Overlay Zone of the City.
Ordinance No. 1164 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on January 4, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1164, a zoning ordinance prohibiting the establishment
of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any
zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon
City Code as follows:
1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation;
and
2. To prohibit the use in any Zone or Overlay Zone of the City.
Ordinance No. 1165 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on January 4, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1165 amending Chapter 2 of the Code of the City of
Vernon, relating to City Council elections to implement campaign finance regulations.
Ordinance No. 1166 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on February 1, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1166 temporarily suspending acceptance and review of
non-exclusive solid waste franchise agreement applications.
Ordinance No. 1167 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on February 1, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1167 amending Chapter 2 of the Code of the City of
Vernon, relating to City Council elections and the appointment of Council members in
uncontested elections.
Ordinance No. 1169 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on June 7, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1169 abolishing the Police and Fire Commission.
Ordinance No. 1170 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on June 7, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1170 repealing Section 7.3 of the Vernon City Code
authorizing the delegation of enforcement responsibilities for certain provisions of the
Fire Code and other Fire Safety Regulations.
Ordinance No. 1171 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on June 7, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1171 adding Section 13.88 to the Vernon City Code to
establish fees and charges pursuant to the aboveground petroleum storage act.
Ordinance No.1172 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on June 14, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1172 amending Sections 2.34, 2.35, 2.36, 2.37 and
2.39 of Article V, Public Library, of Chapter 2, Administration, of the Vernon City Code
as follows:
Establishing a Board of Library Trustees; composition; appointment of members;
and
2. Appointing the Mayor as president and the Mayor pro tempore as president pro
tempore of the Board of Library Trustees.
Ordinance No. 1173 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on July 19, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1173 amending the Vernon City Code to authorize the
Fire Chief to report directly to the City Council and defining the term "reporting to the
City Council."
Ordinance No: 1174 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on August 2, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1174 amending the Vernon City Code to clarify that
the City Council appoints the purchasing agent.
Ordinance No. 1175 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on March 1, 2011. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1175 establishing a three-year restriction on cutting of
newly paved or resurfaced streets and amending the Vernon City Code regarding
deposits, surety bonds and liability insurance for encroachment permits and licenses.
Ordinance No. 1176 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on November 1, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1176 amending Chapter 24, building and construction,
of the Code of the City of Vernon; adopting by reference (1) the 2010 California Building
Code; (2) the 2010 California Electrical Code, and the 2006 edition of the ICC Electrical
Code administrative provisions; (3) the 2010 California Mechanical Code; (4) the 2010
California Plumbing Code; (5) the 2010 California Existing Building Code; (6) the 2009
International Existing Building Code; (7) the 2010 California Residential Code; (8) the
2010 California Green Building Standards Code; and (9) the 2010 California Energy
Code, including amendments, additions and deletions, and repealing all ordinances and
parts of ordinances in conflict therewith.
Ordinance No: 1177 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on November 1, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1177 amending Chapter 7, fire regulation, of the Code
of the City of Vernon; adopting by reference the 2010 California Fire Code including
amendments, additions and deletions, and repealing all ordinances and parts of
ordinances in conflict therewith.
Ordinance No. 1178 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on November 15, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1178 extending the existing time limits for the
effectiveness of and the receipt of tax increment for the industrial redevelopment project.
Ordinance No. 1179 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on November 15, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1179 eliminating the existing time limits on incurring
debt for the first amended industrial redevelopment project.
Ordinance No. 1180 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on December 6, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1180 amending section 2.1 of the Vernon City Code
relating to the time and place of City Council meetings.
Ordinance No. 1181 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on December 6, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1181 extending the existing time limits for
commencement of eminent domain proceedings to acquire property within the industrial
redevelopment project.
Ordinance No. 1183 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on May 26, 2011. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1183 establishing a Housing Commission pursuant to
the provisions of the City Charter of the City of Vernon and specifying the membership
and duties of the Housing Commission.
Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that
Ordinance Nos. 1160 —1167, 1169 —1181 and 1183 were duly introduced to the City
Council of the City of Vernon at a regular meeting and said Ordinances are scheduled to
be approved and adopted at a regular meeting of the City Council to be held on
September 20, 2011.
Dated:
Willard d Y ag ch' Cit erk
Page 1 of 1
Juarez, Debbie
From:
Barcia, Ana
Sent:
Tuesday, September 13, 2011 12:14 PM
To:
'Bianca @ Eastern Group'
Cc:
Yamaguchi, Willard; Enomoto, Kristen; Juarez, Debbie
Subject:
09-15-11 Publication
Attachments:
First Summary for all Ordinances.doc
Hello Bianca,
Please include the attached Summary of Ordinances in the September 15, 2011, publication. Please
respond to this email confirming receipt.
You may forward the invoice to my attention.
Thank you,
Ana Barcia
City of Vernon
T: 323) S83-8811 ex 286
F: 323) 826-1439
abarcia@ci.vernon.ca.us
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous a -mail messages
attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a
person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying,
distribution or use of any of the information contained in or attached to this transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the
original transmission and its attachments without reading or saving in any manner.
9/13/2011
CITY OF VERNON CITY COUNCIL MEETING
SEPTEMBER 20, 2011
SUMMARY FOR ORDINANCE NOS. 1160 —1167, 1169 —1181 AND 1183
A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NOS.
1160 — 1167, 1169 —1181 AND 1183 ARE AVAILABLE IN THE OFFICE OF THE
CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA.
On September 20, 2011, the City Council of the City of Vernon is proposing to adopt
Ordinance Nos. 1160 —1167, 1169 — 1181 and 1183 amending certain provisions of the
Vernon City Code as follows:
Ordinance No. 1160 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on October 26, 2009. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1160 amending Sections 13.48 to 13.73 and adding
Section 13.74 to Article IV, Hazardous Materials Monitoring Program, of Chapter 13,
Health and Sanitation, of the Vernon City Code as follows:
1. To change the title of Article IV of Chapter 13 to Hazardous Materials
Monitoring and Control Program;
2. To update and clarify definitions and other provisions in accordance with State
hazardous material laws, regulations and regulatory options;
3. To renumber the following sections: Section 13.55 to 13.57, Section 13.57 to
13.55, Section 13.72 to 13.73 and Section 13.73 to 13.74; and
4. To add a section regarding unlawful hazardous materials management.
Ordinance No. 1161 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on October 19, 2009. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1161 adopting by reference the Department of Water
Resources State Model Landscaping Ordinance, amending Sections 25.100, 25.101,
25.102, 25.103, 25.104, 25.105, 25.106(b), 25.107(a) and adding Section 25.112 to
Article VI, Water Conservation of Chapter 25, Water, of the Vernon City Code as
follows:
1. To meet the requirements of the Metropolitan Water District Model Efficient
Landscape Ordinance; and
2. To add a section regarding the Department of Water Resources State Model
Efficient Landscape Ordinance.
Ordinance No. 1162 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on October 26, 2009. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1162 amending Sections Article XIV of Chapter 2 of
the Vernon City Code relating to the recall of Members of the City Council.
Ordinance No. 1163 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on January 4, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1163, an Emergency Zoning Ordinance prohibiting the
establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation
operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-
4, of the Vernon City Code as follows:
1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation;
and
2. To prohibit the use in any Zone or Overlay Zone of the City.
Ordinance No. 1164 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on January 4, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1164, a zoning ordinance prohibiting the establishment
of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any
zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon
City Code as follows:
1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation;
and
2. To prohibit the use in any Zone or Overlay Zone of the City.
Ordinance No. 1165 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on January 4, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1165 amending Chapter 2 of the Code of the City of
Vernon, relating to City Council elections to implement campaign finance regulations.
Ordinance No. 1166 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on February 1, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1166 temporarily suspending acceptance and review of
non-exclusive solid waste franchise agreement applications.
Ordinance No. 1167 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on February 1, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1167 amending Chapter 2 of the Code of the City of
Vernon, relating to City Council elections and the appointment of Council members in
uncontested elections.
Ordinance No. 1169 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on June 7, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1169 abolishing the Police and Fire Commission.
Ordinance No. 1170 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on June 7, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1170 repealing Section 7.3 of the Vernon City Code
authorizing the delegation of enforcement responsibilities for certain provisions of the
Fire Code and other Fire Safety Regulations.
Ordinance No. 1171 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on June 7, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1171 adding Section 13.88 to the Vernon City Code to
establish fees and charges pursuant to the aboveground petroleum storage act.
Ordinance No. 1172 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on June 14, 2016. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1172 amending Sections 2.34, 2.35, 2.36, 2.37 and
2.39 of Article V, Public Librarv, of Chapter 2, Administration, of the Vernon City Code
as follows:
Establishing a Board of Library Trustees; composition; appointment of members;
and
2. Appointing the Mayor as president and the Mayor pro tempore as president pro
tempore of the Board of Library Trustees.
Ordinance No. 1173 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on July 19, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1173 amending the Vernon City Code to authorize the
Fire Chief to report directly to the City Council and defining the term "reporting to the
City Council."
Ordinance No. 1174 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on August 2, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1174 amending the Vernon City Code to clarify that
the City Council appoints the purchasing agent.
Ordinance No. 1175 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on March 1, 2011. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1175 establishing a three-year restriction on cutting of
newly paved or resurfaced streets and amending the Vernon City Code regarding
deposits, surety bonds and liability insurance for encroachment permits and licenses.
Ordinance No. 1176 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on November 1, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1176 amending Chapter 24, building and construction,
of the Code of the City of Vernon; adopting by reference (1) the 2010 California Building
Code; (2) the 2010 California Electrical Code, and the 2006 edition of the ICC Electrical
Code administrative provisions; (3) the 2010 California Mechanical Code; (4) the 2010
California Plumbing Code; (5) the 2010 California Existing Building Code; (6) the 2009
International Existing Building Code; (7) the 2010 California Residential Code; (8) the
2010 California Green Building Standards Code; and (9) the 2010 California Energy
Code, including amendments, additions and deletions, and repealing all ordinances and
parts of ordinances in conflict therewith.
Ordinance No. 1177 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on November 1, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1177 amending Chapter 7, fire regulation, of the Code
of the City of Vernon; adopting by reference the 2010 California Fire Code including
amendments, additions and deletions, and repealing al] ordinances and parts of
ordinances in conflict therewith.
Ordinance No. 1178 was duly introduced at a regular meeting of the City Council of the
City'of Vernon held on November 15, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1178 extending the existing time limits for the
effectiveness of and the receipt of tax increment for the industrial redevelopment project.
Ordinance No. 1179 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on November 15, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1179 eliminating the existing time limits on incurring
debt for the first amended industrial redevelopment project.
Ordinance No. 1180 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on December 6, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1180 amending section 2.1 of the Vernon City Code
relating to the time and place of City Council meetings.
Ordinance No. 1181 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on December 6, 2010. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1181 extending the existing time limits for
commencement of eminent domain proceedings to acquire property within the industrial
redevelopment project.
Ordinance No. 1183 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on May 26, 2011. The City Council of the City of Vernon is
proposing to adopt Ordinance No. 1183 establishing a Housing Commission pursuant to
the provisions of the City Charter of the City of Vernon and specifying the membership
and duties of the Housing Commission.
Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that
Ordinance Nos. 1160 —1167, 1169 —1181 and 1183 were duly introduced to the City
Council of the City of Vernon at a regular meeting and said Ordinances are scheduled to
be approved and adopted at a regular meeting of the City Council to be held on
September 20, 2011.
Dated:
Willard G. Yamaguchi, City Clerk
Juarez, Debbie
From:
Barcia, Ana
Sent:
Tuesday, September 20, 2011 4:17 PM
To:
'Bianca @ Eastern Group'
Cc:
Yamaguchi, Willard; Enomoto, Kristen; Juarez, Debbie
Subject:
09-22-11 Publication
Attachments:
Second Summary for Ordinance Nos 1160-1167 1169-1181 1183 (2).doc
Hello Bianca,
Please include the attached Second Summary of Ordinances in the September 22, 2011, publication. Please respond to
this email confirming receipt.
You may forward the invoice to my attention.
Thank you,
Ana Barcia
City of Vernon
T: 323) 583-8811 ex 286
F: 323) 826-1439
abarciaoci. vernon. ca. us
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may
contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to
the intended recipient, you ate hereby notified that any disclosure, copying, distribution or use of any of the information contained in or
attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the
sender. Please destroy the original transmission and its attachments without reading or saving in any manner.
CITY OF VERNON CITY COUNCIL MEETING
SEPTEMBER 20, 2011
SUMMARY FOR ORDINANCE NOS. 1160 —1167, 1169 —1181 AND 1183
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE
NOS. 1160 — 1167, 1169 —1181 AND 1183 ARE AVAILABLE IN THE OFFICE OF
THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON,
CALIFORNIA.
Ordinance Nos. 1160— 1167, 1169 — 1181 and 1183 were duly introduced at a regular
meeting of the City Council of the City of Vernon and approved and adopted by said
Council at a regular meeting held on September 20, 2011.
On September 20, 2011, the City Council of the City of Vernon adopted Ordinance Nos.
1160 — 1167, 1169 — 1181 and 1183 amending certain provisions of the Vernon City
Code as follows:
Ordinance No. 1160 was adopted by the City Council of the City of Vernon amending
Sections 13.48 to 13.73 and adding Section 13.74 to Article IV, Hazardous Materials
Monitoring Program, of Chapter 13, Health and Sanitation, of the Vernon City Code as
follows:
1. To change the title of Article IV of Chapter 13 to Hazardous Materials
Monitoring and Control Program;
2. To update and clarify definitions and other provisions in accordance with State
hazardous material laws, regulations and regulatory options;
3. To renumber the following sections: Section 13.55 to 13.57, Section 13.57 to
13.55, Section 13.72 to 13.73 and Section 13.73 to 13.74; and
4. To add a section regarding unlawful hazardous materials management.
Ordinance No. 1161 was adopted by the City Council of the City of Vernon adopting by
reference the Department of Water Resources State Model Landscaping Ordinance,
amending Sections 25.100, 25.101, 25.102, 25.103, 25.104, 25.105, 25.106(b), 25.107(a)
and adding Section 25.112 to Article VI, Water Conservation of Chapter 25, Water, of
the Vernon City Code as follows:
1. To meet the requirements of the Metropolitan Water District Model Efficient
Landscape Ordinance; and
2. To add a section regarding the Department of Water Resources State Model
Efficient Landscape Ordinance.
Ordinance No. 1162 was adopted by the City Council of the City of Vernon amending
Article XIV of Chapter 2 of the Vernon City Code relating to the recall of Members of
the City Council.
Ordinance No. 1163, an emergency Zoning Ordinance, was adopted by the City Council
of the City of Vernon prohibiting the establishment of marijuana dispensaries, stores, co-
ops, or marijuana cultivation operations in any zoning district within the City by
amending Sections 26.2.9 and 26.4.1-4, of the Vernon City Code as follows:
1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation;
and
2. To prohibit the use in any Zone or Overlay Zone of the City.
Ordinance No. 1164, a zoning ordinance, was adopted by the City Council of the City of
Vernon prohibiting the establishment of marijuana dispensaries, stores, co-ops, or
marijuana cultivation operations in any zoning district within the City by amending
Sections 26.2.9 and 26.4.1-4, of the Vernon City Code as follows:
1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation;
and
2. To prohibit the use in any Zone or Overlay Zone of the City.
Ordinance No. 1165 was adopted by the City Council of the City of Vernon amending
Chapter 2 of the Code of the City of Vernon, relating to City Council elections to
implement campaign finance regulations.
Ordinance No. 1166 was adopted by the City Council of the City of Vernon temporarily
suspending acceptance and review of non-exclusive solid waste franchise agreement
applications.
Ordinance No. 1167 was adopted by the City Council of the City of Vernon amending
Chapter 2 of the Code of the City of Vernon, relating to City Council elections and the
appointment of Council members in uncontested elections.
Ordinance No. 1169 was adopted by the City Council of the City of Vernon abolishing
the Police and Fire Commission.
Ordinance No. 1170 was adopted by the City Council of the City of Vernon repealing
Section 7.3 of the Vernon City Code authorizing the delegation of enforcement
responsibilities for certain provisions of the Fire Code and other Fire Safety Regulations.
Ordinance No. 1171 was adopted by the City Council of the City of Vernon adding
Section 13.88 to the Vernon City Code to establish fees and charges pursuant to the
aboveground petroleum storage act.
Ordinance No. 1172 was adopted by the City Council of the City of Vernon amending
Sections 2.34, 2.35, 2.36, 2.37 and 2.39 of Article V, Public Library, of Chapter 2,
Administration, of the Vernon City Code as follows:
1. Establishing a Board of Library Trustees; composition; appointment of members;
and
2. Appointing the Mayor as president and the Mayor pro tempore as president pro
tempore of the Board of Library Trustees.
Ordinance No. 1173 was adopted by the City Council of the City of Vernon amending
the Vernon City Code to authorize the Fire Chief to report directly to the City Council
and defining the term "reporting to the City Council."
Ordinance No. 1174 was adopted by the City Council of the City of Vernon amending
the Vernon City Code to clarify that the City Council appoints the purchasing agent.
Ordinance No. 1175 was adopted by the City Council of the City of Vernon establishing
a three-year restriction on cutting of newly paved or resurfaced streets and amending the
Vernon City Code regarding deposits, surety bonds and liability insurance for
encroachment permits and licenses.
Ordinance No. 1176 was adopted by the City Council of the City of Vernon amending
Chapter 24, building and construction, of the Code of the City of Vernon; adopting by
reference (1) the 2010 California Building Code; (2) the 2010 California Electrical Code,
and the 2006 edition of the ICC Electrical Code administrative provisions; (3) the 2010
California Mechanical Code; (4) the 2010 California Plumbing Code; (5) the 2010
California Existing Building Code; (6) the 2009 International Existing Building Code; (7)
the 2010 California Residential Code; (8) the 2010 California Green Building Standards
Code; and (9) the 2010 California Energy Code, including amendments, additions and
deletions, and repealing all ordinances and parts of ordinances in conflict therewith.
Ordinance No. 1177 was adopted by the City Council of the City of Vernon amending
Chapter 7, fire regulation, of the Code of the City of Vernon; adopting by reference the
2010 California Fire Code including amendments, additions and deletions, and repealing
all ordinances and parts of ordinances in conflict therewith.
Ordinance No. 1178 was adopted by the City Council of the City of Vernon extending
the existing time limits for the effectiveness of and the receipt of tax increment for the
industrial redevelopment project.
Ordinance No. 1179 was adopted by the City Council of the City of Vernon eliminating
the existing time limits on incurring debt for the first amended industrial redevelopment
project.
Ordinance No. 1180 was adopted by the City Council of the City of Vernon amending
section 2.1 of the Vernon City Code relating to the time and place of City Council
meetings.
Ordinance No. 1181 was adopted by the City Council of the City of Vernon extending
the existing time limits for commencement of eminent domain proceedings to acquire
property within the industrial redevelopment project.
Ordinance No. 1183 was adopted by the City Council of the City of Vernon establishing
a Housing Commission pursuant to the provisions of the City Charter of the City of
Vernon and specifying the membership and duties of the Housing Commission.
Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that
Ordinance Nos. 1160 — 1167, 1169 — 1181 and 1183 were duly introduced and approved
by the City Council of the City of Vernon at a regular meeting and adopted and passed by
said Council at a regular meeting held on September 20, 2011 by the following roll call
vote:
AYES: COUNCILMEMBERS: Mayor Gonzales, Davis,
McCormick, Maisano, Newmire
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Dated: September 20, 2011
Willard G. Yamaguchi, City Clerk
RECEIVED
RECEIVED SEP 0 8 2011
SEP 12 2011 CITY ADMINISTRATION
CITY CLERK'S OFFICE
STAFF REPORT
CITY ATTORNEY'S OFFICE
DATE: September 7, 2011
TO: Honorable Mayor and City Council
FROM: Michael B. Montgomery, Interim City Attorney/,/,(�
RE: Adoption of Existing Ordinances
SUMMARY
It was recently discovered that recent ordinances were not published after adoption.
RECOMMENDATIONS
It is recommended that Ordinance Nos. 1160 — 1167, 1169 —1181 and 1183 be
considered for adoption at the September 20"' meeting. Upon fifteen (15) days of
adoption summaries for all ordinances listed shall be published in the Vernon Sun.
Rather than enclosing voluminous documents in your packets, certified copies of
Ordinance Nos. 1160 — 1167, 1169 — 1181 and 1183 are available in the City Clerk's
office. There are no changes from the ordinances originally introduced.
ORDINANCE NO. 1170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON REPEALING SECTION 7.3 OF THE VERNON CITY
CODE AUTHORIZING THE DELEGATION OF ENFORCEMENT
RESPONSIBILITIES FOR CERTAIN PROVISIONS OF THE FIRE
CODE AND. OTHER FIRE SAFETY REGULATIONS
WHEREAS, Section. 7.3 of Article I of Chapter 7 the Vernon
City Code provides that the City Administrator may assign. to,the,
Director of Community Services all or part of the responsibility for
enforcing certain sections of the Uniform Fire Code and provisions of
the City Code regarding weed and rubbish abatement; and
WHEREAS, the City Council of the City of Vernon believes that
these enforcement responsibilities are more appropriately delegated to
the Fire Chief and fire department personnel.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
repeals Section 7.3 of .the Vernon City Code.
SECTION 2: Severability. If any section, subsection,
subdivision, paragraph, sentence, clause, phrase, or word in this
Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council hereby declares that it would have adopted
this Ordinance and each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses, phrases or words be declared unconstitutional, or invalid, or
ineffective.
SECTION 3: Book of Ordinances. The City Clerk shall attest
and certify to the adoption of this Ordinance and shall cause this
Ordinance and the City Clerk's certification to be entered in the Book
of Ordinances of the Council of this City. The City Clerk shall cause
this ordinance to be published or posted as required by law.
SECTION 4: Effective Date. This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m. on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED this 14th day of June, 2010.
Name: Hilario Gonzales
Title: Mayor / yor ro- mD
-2-
STATE OF CALIFORNIA ) -
ss
COUNTY OF LOS.ANGELES )
I, WILLARD G. YAMAGUCHI, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ord-inance No. 1170, Was duly and regularly introduced at a
meeting of the City Council of the City of Vernon, held in the
City of Vernon on Monday, June-7, 2010, and thereafter adopted
at a meeting of said City Council held on Monday, June 14, 2010,
by the following vote:
AYES Councilmembers Mayor Gonzales,
McCormick, Davis,
Maisano, Newmire
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this day of June, 2010, at Vernon, California.
WILLARD G7 Y U HI
City Cler
(SEAL)
- 3 -
CITY CLERK'S -OFFICE
INTEROFFICE MEMORANDUM!
DATE: June 21, 2010
TO: Donal O'Callaghan, City Administrator/Director of Light &Power
Mark Whitworth, Fire Chief
Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Ordinance No. 1170 — An Ordinance the City Council of the City of Vernon
Repealing Section 7.3 of the Vernon City Code Authorizing the Delegation of
Enforcement Responsibilities for Certain Provisions of the Fire, Code and Other Fire
Safety Regulations
Transmitted herewith is a copy of Ordinance No.1170 referenced above, which was approved by City
Council on June 14 2010
Thank you.
WY:dj
c: Rory Burnett
Kristen Enomoto
Masami Higa
Alex Kung
Joaquin Leon
Ordinance No. 1.170
STAFF REPORT
CITY ADMINISTRATION
DATE: June 2, 2010
TO: Honorable Mayor and City Council
FROM: Donal O'Callaghan, City Administrator
RE�EI
E
JUN 0 2 2010
CITY CLERK'S OFFICE
RE: City of Vernon's Fire Code Responsibilities and Ordinance Repealing
Vernon City Code Section 7.3
Further to the report at the recent Council meeting regarding the duties and
responsibilities for enforcing the City's fire code, both the City Administrator and the City
Attorney have reviewed the various reports, memoranda and letters from the Fire Chief,
Director of Community Services, State Fire Marshal and the California Building Officials
Association concerning the enforcement of the California Fire Code provisions and its
delegation to other entities such as, in the City of Vernon's case, the Director of
Community Services. We believe, based on State law provisions that the State Fire
Marshal is likely correct in his opinion that the building standards promulgated by the
State Fire Marshal must be enforced, other than where not practicable, by Fire
Department personnel. Therefore, as stated in the City Attorney's memorandum dated
May 19, 2010, titled Vernon City Code Section 7.3, while there is no definitive authority
we believe that the City likely must comply with the laws as set forth by the State
Legislature on this matter and as interpreted by the State Fire Marshall.
As requested by the Fire Chief and after having the matter reviewed from a legal and
practical standpoint, I have, under the authority provided by Section 7.3, issued a
memorandum reversing the 1991 assignment of enforcement responsibilities for certain
fire code provisions as well as reversing the reconfirmation of that assignment in 2008,
Reference Article 1, Section 7.3, and reassigning these certain duties and
responsibilities to the Fire Department personnel and the Fire Chief in particular.
We have also attached an ordinance to repeal Section 7.3 of the City Code for Council
introduction at this meeting.
Honorable Mayor and City Council
June 2, 2010
Page 2
During a recent meeting with the Fire Chief, Fire Marshal, City Attorney, the Director of
Community Services and I on this matter, the Fire Chief and Fire Marshal indicated that
the Fire Department did not have the capability, (i.e., could not accommodate within the
duties and assignments of current personnel) the functions that this reassignment of fire
code responsibilities called for.
As the Community Services Code Inspector has been responsible for construction
related fire code issues, it was decided to allocate approximately 60% of his time to the
Fire Department for which scheduled time/hours he shall report to the Fire Chief/Fire
Marshal. We shall also be allocating 2 x 10% of Community Services Administrative
assistants' time for the processing of documentation in permits, etc.
Recommendation
I recommend that the City Council introduce the attached ordinance repealing Vernon
City Code Section 7.3.
DO:rmt
Attachment
DATE: May 27, 2010
C:� �__,
TO: Mark Whitworth
Fire Chief
FROM: Donal O'Callaghan
City Administrator
SUBJECT: Your Memo Dated April 28, 2010 Regarding Fire Marshal Position and Location
I have, in conjunction with the City Attorney, reviewed your memo on the above subject matter.
The City Attorney has prepared the attached memo including the conclusion on which both the
City Attorney and the City Administrator agree.
Further, during our meeting of yesterday afternoon, I hand delivered to you, the Fire Marshall,
Kevin Wilson and Larry Wiener a memo titled "City of Vernon's Fire Code Responsibilities".
This memo,_ attached,_ is issued -underthe-authority provided -to- the -City - Administrator- by Section
7.3 of the Vernon City Code and provides in writing notification of the reassignment back to the
Fire Chief responsibility for enforcing those portions of the Fire Code that were assigned to the
Community Services Director in 1991 and at any other time.
In the package I am sending you in response to your memo, I am including a memo to me from
the Director of Community Services titled "Fire Marshals Statement Dated April 28t', 2010" I
would like to discuss the contents of this memo with you at your earliest convenience.
DO:rmt
Attachments
Cc: City Administration
City Attorney
DATE: May 26, 2010-�'
0-1
TO: Mark Whitworth
Fire Chief
FROM: Donal O'Callaghan
City Administrator
SUBJECT: City of Vernon's Fire Code Responsibilities
In response to the recent request by the Fire Chief, I have reviewed with the City Attorney
Vernon City Code Section 7.3 and the assignment to the Director of Community Services of
responsibility for enforcing a portion of the City's Fire Code. Based on that review, I am hereby
reassigning back to the Fire Chief responsibility for enforcing those portions of the Fire Code
that were assigned to the Community Services Director in 1991 and at any other time. From this
point forward, the responsibility for enforcing all of the City's Fire Code shall be assigned to the
Fire Chief
If you have any questions, please let me know.
DO:rmt
Cc: Kevin Wilson, Director of Community Services & Water
Larry Wiener, City Attorney
DATE: April 28, 2010
TO: Donal O'Callaghan, City Administrator
FROM: Mark C. Whitworth, Fire Chief *91
RE Fire Marshal Position and Location
Attached are League of California Cities documents and State Law addressing the very
issue being looked at for Vernon's Fire Marshal. Also included is a statement from the
Fire Marshal, description of jobs for the positions of Fire Marshal, Fire Inspector, and
current Vernon City Codes.
Based upon all information gathered, and the performance over the past 20 years with
regards to Fire Code being assigned to the Director of Community Services I am
recommending the following:
• A repeal of Ordinances addressing enforcement of Fire Code by the Director of
Community Services
A combining of the Fire Inspector and Fire Marshal into the same offices under
the direction of the Fire Chief as State Law recognizes.
• . Locating the Fire Marshal at City Hall for one (1) day a week leaving the
remaining assignment to fill obligations of the Fire department needs in the Fire
Administration location.
Statement from Jed Hulsey
City of Vernon Fire Marsha!
April 28, 2010
The. position of Fire Marshal was re-created by the City of Vernon in 2008 to address fire
prevention issues that have developed and become safety issues within the City in recent years.
As shown by the job description of Fire Marshal, this management position is broadly focused
on a large variety of fire prevention related subjects. These are the responsibilities of Fire
Marshals throughout the United States, the State of California, and the County of Los Angeles.
Typically these responsibilities are assigned by laws enacted by the States, and then entrusted
to the State Fire Marshals, who then direct Fire Chiefs to enforce or assign the responsibilities
of enforcement to their Fire Marshals.
Upon being assigned to the position of Fire Marshal, I approached the Community Services
Dept. to discuss how the two City Departments (Fire & Community Services) would work
together on subjects that both Departments are associated with, fire prevention. As you are
aware, in 1990, many of the responsibilities of fire prevention were re -assigned to Community
Services. These were included in City Ordinance #987, and other ordinances that followed. A
position of Fire Inspector was created within the Community Services Department. The
Community Services Fire Inspector is now responsible for enforcing:
• Scheduling, supervising, and conduct inspections of construction, and remodel sites for
compliance with fire codes.
• Scheduling and approving the installation and location of fire hydrants, fire detection
and /or fire suppression systems.
• Reviewing and approving construction plans for code compliance.
• Issuing warnings and citations for fire and life safety code violations.
• Supervising the issuance of permits in accordance with the adopted fire code.
Note: All of these tasks are described within the definition of Fire Marshal as being his/her
responsibility of managing.
In my short tenure as Fire Marshal, I have been identifying fire prevention issues that need
immediate assistance to assure the safety of the City, including buildings, businesses, activities
and people within these sites. Specifically, the issues relate to lack of enforcement of the
building and fire codes as related to fire protection, hazardous. materials storage, storage of
commodities inside and outside of buildings, weed and rubbish abatement, and associated fire
1
permits related to fire safety. The majority of these issues are currently under the
responsibility of the Community Services Director, and specifically by the Community Services
Fire Inspector.
I have established a working relationship with the Community Services Department, and all the
employees that assist with code enforcement. I meet, call, email, the Community Services Fire
Inspector as needed- to specifically discuss and work through issues that pertain to code
enforcement. On occasion, I am contacted by them to provide. my advice and experience on
these issues, related to the code. My involvement with. Community Services accounts for
approximately 5 percent of my time. The remaining 95% of my time is taken up with assisting
Vernon Fire Department personnel on maintenance inspections of buildings, training of fire
personnel on fire safety related to code enforcement, investigating emergency events,
development and management of digital software for fire prevention, planning and developing
and presenting public safety education programs for businesses within the community
(including City employees). I also work together with Vernon Health Department personnel
dealing with hazardous materials issues, as related to the California Fire Code and Health &
Safety Code. The majority of this work is done from my office, located within the Fire
Department Administration building. As stated, the brief amount of contact I have with the
Community Services Fire Inspector is easily done without having an office at the City Hall
complex.
I have an enormous amount of responsibility placed upon my position as Fire Marshal. My
education and experience has prepared me for this task, and the continued support of the City
leadership will only help to improve safety within our borders.
Respectfully,
J� Hulsey
Fire Marshal
Vernon Fire Department
2
Vernon Fire Dept.
Duties of
Fire Marshal
GENERAL PURPOSE
Promotes public safety through implementation and enforcement of fire and life safety codes and standards. Provides
public educational activities in fire and life safety. Investigates fires and prosecutes cases or arson. Conducts construction
plan reviews for code compliance.
SUPERVISION EXERCISED
Selects fire inspectors, investigators, pre -plan specialists, public information officer, and public educators; supervises fire
inspectors, plans examiners, fire investigators, pre -plan specialists, public information officers, public educators, engine
company inspections, and other assigned staff.
ESSENTIAL DUTIES AND RESPONSIBILITIES
• Plan, develop, and implement fire prevention and inspection policies, goals, objectives, and priorities.
Schedules, supervises, and conducts inspections of existing structures, construction and remodel sites for compliance
with fire codes.
• Resolves compliance problems with owners.
• Schedules and approves the installation and location of fire hydrants, fire detection and/or fire suppression systems.
• Reviews and approves construction plans for code compliance.
• Coordinates with building officials for fire related code review and approval of occupancy permits and business licenses,
planning and zoning, other public officials, various agencies, and professional organizations in related fields.
• Responds to & investigates all fires & all suspicious or undetermined causes of fire & supervises fire investigation team.
• Provides public education in fire prevention, including giving talks, demonstrations, and presentations before
community groups, and other organizations or institutions.
• Responds to complaints regarding fire and life safety code violations and fire hazards.
• Issues warnings and citations for fire and life safety code violations.
• Supervises issuance of permits in accordance with the adopted California Fire Code.
• Maintains data and records regarding fire investigation, inspection, and prevention activities.
• Prepares a variety of reports on fire investigation, inspection, and prevention as required.
• Recommends and develops proposed fire prevention policies, procedures and codes.
• Reviews state Iaws and bills.
• Conducts or organizes training for personnel in code enforcement.
• Prepares fire prevention budget for the Fire Marshal and inspectors.
• Serves as the liaison on board of appeals.
• Secures grants for community risk management programs.
• Maintains positive working relationships with all City Department members.
PERIPHERAL DUTIES
• Assists in other district administrative activities, as assigned.
• Instructs classes in assigned subject areas.
• Assists in training and development of VFD members.
• Assists in developing plans for emergency preparedness.
CITY OF VERNON
FIRE INSPECTOR IIII
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications
are not intended to reflect all duties performed within the job.
DEFINITION
To perform a variety of technical fire and life safety inspections; to enforce compliance with federal, state and city fire
and safety laws, ordinances and regulations; to investigate origin and causes of fires; to increase public awareness of fire
safety and prevention; and to do related work as required.
SUPERVISION RECEIVED AND EXERCISED
Fire Inspector I
Receives direct supervision from the Vernon Fire Marshal or Deputy Fire Marshal; May provide technical and functional
supervision over fire prevention interns.
Fire Inspector II
Receives general supervision from Vernon Fire Marshal or Deputy Fire Marshal; May provide technical and functional
supervision over Fire Inspector I personnel and fire prevention interns.
DISTINGUISHING CHARACTERISTICS
Fire Inspector I - This is the entry level classification in the fire inspector series requiring more limited responsibilities.
Incumbents in this class are expected to learn the job tasks and field operations of the department under the direct
supervision of the Deputy Fire Marshal or Fire Marshal, eventually qualifying for advancement to Fire Inspector II.
Incumbents may be required to take related college courses.
Fire Inspector II — This is the journey level classification normally filled by advancement from the lower grade of Fire
Inspector I, or when filled from the outside, requires prior fire inspector experience. Work in this class is distinguished
from that of Fire Inspector I by the greater complexity of the work assignments, greater independence with which the
incumbent is expected to work, and the broader level of knowledge of code requirements, educational methodology, and
City policies and procedures which a Fire Inspector II is expected to utilize. With training and education, a Fire Inspector
II will perform journey -level fire prevention inspections for a variety of buildings, structures and installations. Positions in
this class series are flexibly staffed. Positions at the II level may be filled by advancement from the I level requiring at
least two years of related experience and successful performance for advancement to the Il. When filled from the outside,
the employee is required to have prior related experience that allows the employee to meet the qualification standards for
the corresponding II level.
REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to
perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Inspect residential, commercial, industrial, institutional buildings, and schools as well as places of public assembly to
determine compliance with state and local fire and building codes; inspect operations, devices and equipment requiring
the inspection or approval of the Fire Department; perform business license inspections.
2. Interpret and enforce provisions of fire prevention and fire safety laws, ordinances and other regulations; issue notices,
warnings and citations.
3. Perform periodic and follow-up inspections of new and existing buildings, structures and installations requiring fire
clearances.
4. Respond to and handle complaints pertaining to violation of fire prevention laws and give correction orders as
necessary; respond to other types of citizen service requests.
CITY OF VERNON
Fire Inspector I/11(Continued)
5. Check building plans for code compliance; consult with architects and developers regarding problems; check plans and
installation of sprinkler systems, heat activated alarm systems, and other fire protection devices and equipment.
6. Conduct weed -abatement inspections, supervise cleaning of lots by City contract crews, and complete accompanying
paperwork and records; coordinate the weed abatement program.
7. Participate in the public information/education activities of the department, including making presentations and
demonstrations for groups and schools. Work with schools, service clubs and other community groups to involve a greater
portion of the community in the fire safety educational process; Interview juveniles regarding fire safety.
8. Conduct fire prevention inspections, keep up-to-date records of inspections; prepare detailed inspection reports; follow-
up on complaints to see that hazards are eliminated; maintain records on City computer.
9. Assist with fire and arson investigations.
10. Inspect facilities for hazardous processes, public assemblies, and related activities, and recommend corrective action.
11. Assist in scheduling engine company's inspections and follow up on identified problems.
12. Participate in Fire Investigation duty rotation as assigned and respond to the site of emergency incidents, notify
appropriate authorities and coordinate cleanup activities.
13. Operate City vehicles and equipment in a safe and legal manner.
14. Perform related duties as required.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time
in order.to successfully perform the assigned duties.
Knowledge of:
Principles, practices, and techniques of fire prevention; Principles and techniques of building inspection work. Practices,
procedures, and equipment used in fire investigations, including the ability to recognize and collect evidence. Procedures,
techniques and equipment such as fire extinguishers, sprinkler systems, and alarm systems; Pertinent federal, state and
local laws, codes, regulations, rules and ordinances pertaining to fire. prevention, safety and hazardous materials;
Principles, practices and procedures of modern fire protection theory and techniques.
Storage and handling requirements for hazardous materials; Principles and practices of customer service; Principles of
basic report preparation and business letter writing; Office procedures, methods and equipment including computers and
applicable software applications.
Ability to:
Read and interpret codes, regulations and technical reports, and learn codes as needed. Communicate clearly and
concisely, both orally and in writing. Enforce a variety of codes, ordinances and regulations pertaining to fire prevention
with firmness and tact; Ability to gain voluntary compliance through effective communication and education. Detect and
evaluate a wide variety of hazardous conditions and materials. Learn to conduct thorough and detailed fact finding
investigations of fire incidents. Establish and maintain effective and cooperative working relationships with coworkers
and those contacted in the course of work. Read, interpret and make corrections on building plans as they relate to fire
code requirements. Prepare and present professional fire safety presentations to civic organizations. Analyze facilities and
recommend effective fire safety measures. Deal tactfully, sensitively and effectively with all members of the public.
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required
knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be
Fire Inspector I
Education/Training:
Graduation from high school, or equivalent, supplemented by college level courses in fire science, fire prevention, fire
protection, plan checking and building construction; or the successful completion of the following courses from the Office
of the State Fire Marshal (OSFM) courses with the Fire Prevention 1 Series,
CITY OF VERNON
Fire Inspector I/H (Continued)
or the International Code Council courses in the Fire Inspector I Series, and the requirement to obtain series certification
by the OSFM or ICC within one year of appointment:
OSFM Training Courses:
• Fire Prevention IA Introduction to the California Fire Code
• Fire Prevention I Inspection of Fire Protection Systems and Special Hazards
• Fire Prevention IC Flammable Liquids and Gases
ICC Training Courses:
• General Inspection Administration
• General Provisions for Fire Safety
• Occupancies
• Regulated Materials and Processes
Experience:
At least one year of fire prevention experience.
License or Certificate - Possession of a valid Class C California Driver's License is required; successful completion of
P. C. 832 — Laws of Arrest is required within 12 months of appointment; must obtain Certified Fire Prevention Officer
certificate within 18 months of appointment or certification by the International Code Council as a Fire Inspector I within
18 months of appointment.
Fire Inspector IT
Education/Training:
Graduation from high school, or equivalent, supplemented by college level courses in fire science, fire prevention, fire
protection, plan checking and building construction; or Office of the State Fire Marshal courses in the Fire Prevention 2
Series, or the ICC courses in the Fire Inspector 1I Series.
Successful completion of the following courses is required within one year of appointment to Fire Inspector II:
OSFM Training Courses:
• Fire Prevention 2A Fire Protection Systems and Building Components
• Fire Prevention 2B Interpreting the California Building Code & California Code of Regulations, Titles 19 & 24
• Fire Prevention 2C Special Hazard Occupancies
• Fire Investigation IA Fire Origin and Cause Determination
• Fire Investigation 1B Techniques of Fire Investigation
ICC Training Courses:
• General Inspection Administration
• General Provisions for Fire Safety
• Occupancies
• Regulated Materials and Processes
Experience:
At least two years of responsible experience in a variety of fire prevention assignments and education equivalent to that
required for a Fire Inspector I.
CITY OF VERNON
Fire Inspector H (continued)
License or Certificate - Possession of a valid Class C California Driver's License is required; successful completion of
P. C. 832 — Laws of Arrest is required within 12 months of appointment; must obtain OSFM Certified Fire Protection
Specialist certificate within 18 months of appointment, or obtain certification by the ICC as a Fire Inspector II, and the
National Code Services Association certification as a Certified California Code Inspector within 18 months of
appointment.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of
this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
Environment: Standard office setting with frequent travel to various locations to conduct inspections, attend meetings or
respond to emergency scenes, disasters, or critical incidents; the employee occasionally works near moving mechanical
parts; occasionally exposed to outside weather conditions and wet and/or humid conditions; occasionally works in high,
precarious places; occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, extreme cold, extreme
heat, risk of electrical shock, risk of radiation, and vibration; the noise level in the work environment is usually moderate;
however, the noise level is occasionally very loud due to sirens, fire alarm system testing, etc; wear protective apparel
including goggles, face protector, aprons, safety shoes and self contained breathing apparatus; incumbents may be
required to work extended hours including evenings and weekends and may be required to travel outside City boundaries
to attend meetings; shall possess the physical, mental and emotional ability to perform the essential duties of the position
without the threat. of hazard to self or others.
Physical: Primary functions may require maintaining physical condition necessary for sufficient mobility to work in an
office setting; walk, stand, or sit for prolonged periods of time; regularly stoop, bend, kneel, crouch, reach, and twist;
traverse steep slopes, occasionally climb and balance; occasionally push, pull, lift, and/or carry light to moderate weights;
occasionally lift and/or move moderate to heavy weights; operate office equipment including use of computer keyboard;
ability to communicate verbally to exchange information; ability to operate a vehicle to travel to various locations.
Vision: See in the normal visual range with or without correction; vision sufficient to read computer screens and other
printed documents and to operate assigned equipment.
Hearing: Hear in the normal audio range with or without correction.
vw,
t
Vt,,v vtim C.i 1-y Wzs
. FIRE RFG`ULATIONS
CHAPTER 7.
FIRE REGULATIONS
.Article L In General,
$ 7 1
Fire department.
§ „7-2
Fire chief duties.
§ 7-3:
Enforcement by director of community services.
§ 7 4,
Violations and penalties.
§ 7;5 to 7.9.
Reserved.
Article H. Eire Code.
§ 7.10.
2007 California Fire Code, adopted:
§ 7,11,
Same —Definitions.
§ 7.12,
Amendments, additions, and deletions.
§ 7.12.1.
Enactment of penalty sections.
§ 7.13.
Application for permit and issuance.
§ 7.14 to 7.19.
Reserved:
Article III. Weed and Rubbish Abatement.
§ 7.20.,
Definitions,
§ 7.21.
Public nuisance —Duty of owner.
§ 7.22.
Notice to abate nuisance.
§ 7.23.
Notice to remove bushes, trees or hedges.
§ 7.24.
_ City street trees.
§ 7.25.
Public nuisance abatement; form of notice.
§ 7.26.
Same —Service of notice.
§ 7.27,
Same —Hearing on objections.
§ 1.28.
Abatement by city.
§ 7.29.
Performance of the abatement by contract.
§ 7.30.
Recordof cost of abatement.
§ 7.31.
Assessments --Report to city council.
§ 7.39.
Same --Mailing of statement of notice.
§ 7.33.
Same. —Notice of hearing on report.
§ 7.34.
Same —Hearing and proceedings.
§ 7.35:
Same —Lien against property.
61
Supp. #65, 3.08
§ 7.1 VERNON CITY CODE § 7.4
Article 1. In General.
Sec. 7.1. Fire department.
There is hereby created. and ratified in the service of the city
the fire department. The fire chief shall administer the fire
department of the city subject to the provisions of Section 2.8 of
the Code of the City of Vernon. (Ord. No. 1038, § 2.)
Sec. 7.2. Fire chief, duties.
Except as otherwise provided, the fire chief shall enforce the
fire regulations of the city and shall perform such other duties
as set forth in state statutes or as prescribed by the city council.
(Ord. No. 1038, § 2.)
Sec.7.3. Enforcement by director of community
services.
The city administrator may assign to the director of
community services all or part of the responsibility for enforcing
(i) Uniform Fire Code sections pertaining to building
construction, equipment installation, and facilities installation
including but not limited to access roads, address identification,
street signs, key boxes, fire extinguishing systems, alarm
systems, industrial facilities, gas and cryogenic systems,
refrigeration and storage, and (ii) weed and rubbish abatement.
Any such assignment shall be in writing and shall specify the.
Uniform Fire Code sections or portion thereof so assigned, or
the weed and rubbish abatement provisions so assigned. (Ord.
No. 1013, § 19; Ord. No. 1038, § 2; Ord. No. 1085, § 2.)
Sec. 7.4. Violations and penalties.
No person, firm or corporation, whether as owner, lessee,
sublessee or occupant, shall erect, construct, enlarge, alter,
62
Supp. #65, 3-08
T3
§ 7.5 FIRE REGULATIONS § 7.11
repair, move, improve, remove, demolish, equip, use, occupy or
maintain any building or premises, or cause or permit the same
to be done, contrary to or in violation of any of the provisions of
the Fire Code or any order issued by the. fire chief or the
building official thereunder. Any person violating the provisions
of this section shall be guilty of a misdemeanor for each day
such violation continues. (Ord. No. 877, § 1; Ord. No. 1038, § 2.)
Secs. 7.5 to 7.9. Reserved.
Article II. Fire Code.
Sec. 7.10. 2007 California Fire Code, adopted.
The 2007 Fire Code including all Appendices and standards
contained therein, copyrighted by the International Code
Council and Commission, subject, however, to the amendments,
additions and deletions set forth in this article are adopted as
the Fire Code of the City of Vernon. (Ord. No. 835, § 1; Ord.
No.878, §. 1; Ord. No. 904, § 1; Ord. No. 970; Ord. No. 987, § 2;
Ord. No. 1013, § 14; Ord. No. 1038, § 3; Ord. No. 1074, § 2; Ord.
No. 1090, § 3; Ord. No. 1137, §.3.)
Sec.7.11. Same —Definitions.
(a) Whenever the word "jurisdiction" is used in the
Uniform Fire Code, it shall be held to mean the city.
(b) Wherever the term "corporation counsel' is used in the
Uniform Fire Code, it shall be. held to mean the attorney for the
city:
(Ord. No. 835, §: 2; Ord'. No. 878, §, 2; Ord. No. 904, § 2; Ord. No.
1038, § 3.)
63
Supp. #65, 3-08
§ 7.12 VERNON CITY CODE § 7.12
Sec. 7.12. Amendments, Additions, and Deletions.
The 2007 California Fire Code, is hereby amended as follows:
(a) 2007 California Fire Code Sections 111.2.5, and
Appendix Chapter 1 Section 108 .are hereby deleted.
(b) 2007 California Fire Code Section 503.2.1 is hereby
amended to read as follows:
Sec. 503.2.1. Dimensions.
Fire apparatus access roads shall have an unobstructed
width of not less than 27 feet and an unobstructed vertical
clearance of not less than 15 feet.
(c) 2007 California Fire Code Section 508.5.5 is hereby
amended to read as follows:
Sec. 508.5.5. Clear Space around Hydrants.
Clear space of 31- feet in front of, 4 feet in rear of and 10 feet
on both sides shall be maintained around each onsite hydrant.
(d) 2007 California Fire Code Section 1504.2 is hereby
amended to read as follows:
Sec. 1504.2 Location of Spray -Finishing Operations.
All inside or outside spray -finishing operations shall be
conducted in an approved spray booth constructed in
accordance with Section 1504.
(e) 2007 California Fire Code Section 3301.1 is hereby
amended to read as follows:
Sec. 3301.1. Prohibited and Limited Acts.
Explosive materials shall not be manufactured, tested or
stored within the limits of the;City of Vernon.
(f) 2007 California Fire Code Section 3404.2.9.5.1 is
hereby amended to readas follows:
Sec. 3404 2.9 5.L Storage of Class 1 and Class Il Liquids.
Storage of Class I and Class II liquids in above ground tanks
outside of buildings within the City of Vernon and in areas
1,000 feet or more from the outside boundary of a kindergarten
through 12th grade public school shall be in approved
containers not exceeding 10,000 gallons in size. In
64
Supp. #65, 3-08
r.
§ 7.12 FIRE REGULATIONS § 7.12
areas of a lot or parcel within 1,000 feet of the outside boundary
of said school, the only Class I or Class II liquids approved for
storage in above ground tanks is diesel fuel which shall be in
approved containers and shall be limited to either two (2) 1,000
gallon tanks or one (1) 2,000 gallon tank.
(g) 2007 California Fire Code Section 3804.1 is hereby
amended to read as follows:
Sec. 3804.1 Storage of Liquefied Petroleum Gases.
Storage and transportation of LP -gas and the installation
and maintenance of pertinent equipment shall be in accordance
with U.F.C. Standard No. 82-1. Storage is permitted within the
limits of the City of Vernon except within 1,000 feet of a
kindergarten through 12th grade public school.
EXCEPTION.- Storage of LP -gas not exceeding 2,000 gallons
per parcel in approved containers is permitted in all areas
within the limits of the City of Vernon.
(h) 2007 California Fire Code Appendices A, C, VI-E, and
VI-H are hereby deleted.
(i) 2007 California Fire Code Appendix D Section D103.1
is hereby amended to read as follows:
Sec. D103.L. Access Road.
The dimension of the fire access road turnarounds shall be in
accordance with City standards.
Q) 2007 California Fire Code Appendix Chapter 1, Section
105.1.1 is hereby amended to read as follows:
Appendix Chapter 1,, Sec. 105.1.1. Permits Required.
Permits required by this code shall be obtained from the fire
code official. Issued permits shall be kept on the premises
designated therein at all times and shall be readily available for
inspection by the fire code official. Permit fees shall be as set
forth in a fee schedule adopted by resolution by the City
Council.
65
Supp. #65, 3-08
4
§ 7.12.1 VERNON CITY CODE. § 7.13
W 2007 California Fire Code Section 508.5 is hereby
amended to read as follows:
Sec. 508.5. Fire Hydrant System.
When any portion of the facility or building protected is in
excess of 150 feet from a water supply on a public street, as
measured by an approved route around the exterior of the
facility or building, on -site fire hydrants and mains capable of
supplying the . required fire, flow shall be provided when
required. by the chief.
(Ord.- No. 835, § 4;.Ord. No, 838, § 1, 2; Ord. No. 878, § 4; Ord.
No. 904,. § 1; Ord. No. 970; Ord. No. 987, § 5; Ord. No. 1013,
§ 16; Ord. No. 1085, §.9; Ord. No. 1038, § 3; Ord. No. 1074, § 2;
Ord. No. 1090, § 3; Ord. No. 1124, § 2; Ord. No. 1137, § 3.)
Sec. 7.12.1. Enactment of penalty sections.
Pursuant to Government Code Section 50022.4 the following
penalty sections are specifically enacted and published as set
forth in Exhibit A* attached hereto, and made a part hereof by
reference, except as otherwise amended or deleted in this
ordinance: 2007 California Fire Code, Sections 103.1, 103.3,
104.1, 104.3, 104.3.1, 104.5, 106.1, 109.1, 109.2, 109.2.1, 109.2.2,
109.2:3, 109`.2.4, 109.3, 109.3.1, 110.1, 110.1.1, 110.1.2, 110.2,
110.3, 110.4, 111. 1 111.27 11L3 and 111.4. (Ord. No. 1074, § 3;
Ord. No. 1090, §` 4,• Ord. No. 1037, §: 4.)
Sec.1.13. Application for permit and issuance.
All applications for..permits to construct as required under
the provisidns. of the Uniform;Fire.Code shall be accompanied
by plan check. and, permit fees established in a fee schedule.
adopted by the: city council.
Editor's Note: Exhibit A, referred to herein, may be found at the end
of this chapter.
66
I
Supp. #65, 3-08
ATTACHMENT E
STATE OF CALIFORNIA—THE NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
Office of the State Fire Marshal
P.O. Box 944246
SACRAMENTO, CA 94244-2460
(916)445$200
Webft: wwwflre.ca.aov
April 20, 2009
To Stakeholders and Interested Parties
Re: Request for Clarification of Health and Safety Code 13145 and 13146
This is in response to recent inquiries for Clarification on the authority/responsibility of fire and panic
safety for state fire marshal regulations; and on the transfer of responsibilities for State Fire Marshal
regulated occupancies from fire chief to the local building officials.
The issue is whether local building officials can assume the responsibilities of enforcing State Fire
Marshal fire and panic safety regulations, to include both building and non -building standards. The Health
and Safety Code, Section 13145 and 13146 authorizes the local fire chief, or their authorized
representatives to enforce the State Fire Marshal fire and panic safety regulations as indicated below:
Health and Safety Code. Section 13145•,
The State Fire Marshal, the chief of any city or county fire department or district providing fire protection
services, and their authorized representatives, shall enforce in their respective areas building standards
relating to fire and panic safety adopted by the State Fire Marshal and published in the State Building
Standards Code and other regulations that have been formally adopted by the State Fire Marshal for the
prevention of fire or for the protection of life and property against fire or panic.
Health and Safety Code, Section 13146•
The responsibility for enforcement of building standards adopted by the State Fire Marshal and published
in the Califomia Building Standards Code relating to fire and panic safety and other regulations of the
State Fire Marshal shall be as follows:
(a) The same agency or entity to whom authority to enforce building standards not related to fire and
panic safety is delegated by the City, county, or city and county with jurisdiction in the area
affected by the building standard shall enforce within its jurisdiction the building standard and
other regulations of the State Fire marshal as they related to R-3 occupancies, as defined in
Section 1201 of Part 2 of the Califomia Building Standards Code.
(1) The chief of the fire authority of the city, county, or city and county, or his or her
authorized representative.
(2) The chief building official of the city, county, or city and county, or his or her
authorized representative.
(b) The chief of any city or county fire department or of any fire district and their authorized
representatives shall enforce within its jurisdiction the building standards and other regulations of
the State Fire Marshal, except those described in subdivision (a) or (d).
CONSERVATION IS WISE -KEEP CALIFORNIA GREEN AND GOLDEN
PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS AND INFORMATION, VISIT'FLEX YOUR POWER' AT WWW.CA.GOV.
17
(c) The State Fin; Marshal shall have authority to enforce the building standards and other regulation
of the State Fire Marshal in areas outside of corporate cities and districts providing fire protection
services.
(d) The State Fire Marshal shall have authority to enforce the building standards and other
regulations of the State Fine Marshal in corporate cities and districts providing fire protection
services upon request of the chief fire official or the governing body.
Health and Safety Code, Section 13146.5 continues by saying, 'The provisions of Sections 131.45,
13146, and 13146.3 (inspection of school buildings) shall, as far as practicable, be carried out at the local
level by persons who are regular full-time members of a regularly organized fire department of a city,
county, or district providing fire protection services, and shall not be carried out by other persons
pursuant to Section 34004 of the Government Code.
In summary, the applicable statutory provisions to Health and Safety Code, Section 13145 and 13146
expressly designates those authorized by the Legislature who can enforce State Fire Marshal
regulations. These statutory provisions specifically authorize the local fire chief, or their designated
representative to enforce State Fire Marshal regulations (exception for R-3 as specified in 13146(a)).
The fire chief can appoint the building official as an authorized representative, however, the ultimate
responsibility lies with the fire chief. Also, according to statute, if the building official is designated to
enforce such regulations, they must be a full-time member of the fire department.
As for language within 13143.6 that states," The provisions of Sections 13145, 13146 and 13146.3
shall, so far as practicable, be carried out at the local level by persons who are regular full-time
members of a regularly organized fire department of a city, county, or district providing fire protection
services, and shall not be carried out by other persons pursuant to Section 34004 of the Government
Code." The Office of the State Marshal interprets the language to mean that regular full-time
members of the local fire departments are responsible for enforcing the regulations to the extent they
are able. If, however, due to financial or other constraints, the local fire department members cannot
perform the mandated tasks, then the responsibility falls to the State Fire Marshal who may or may
not have local personnel assigned to the particular area. The responsibility would not fall to the local
building officials as their authorization is limited to the enforcement of regulations dealing with R-3
occupancy buildings.
Thank you for your continued support of the Office of the State Fire Marshal and your continued
dedication to fire and life safety.
Sincerely,
KATE DARGAN
State Fire Marshal
18
® LEAGUE 1400 K Street, Suite 400 • Sacramento, California 95814
"°® OF CAL I F ORN IA Phone: 916.658.8200 Fax: 916.658.8240
bL�CITIES www.cacities.org
March 19, 2010
Ken Pulskamp, President.
City Managers' Department, League of California Cities
c/o City of Santa Clarita City Manager's Office
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
Subject: Clarification of Building Inspection Responsibilities as Issued by the
Office of the. State Fire Marshal
Dear Mr. Pulskamp:
It has recently been brought to the attention of the League of California Cities' Fire Chiefs'
Department that some confusion may exist as to whether city building officials have the
authority and/or can be given the responsibility for ensuring that fire and panic safety
inspections are completed for occupancies within cities' jurisdictions. I have attached for your
reference a copy of a letter dated April 20, 2009, from then State Fire Marshal Kate Dargan,
which was issued to clarify this matter.
To summarize Ms. Dargan's letter, the statutory provisions of Health and Safety Code Sections
13145 and 13146 expressly designate 'the local fire chief or the chiefs- designated
representative to enforce State Fire Marshal regulations, with the exception of R-3 occupancies,
which fall under the authority of the local building official. The attached letter states that
"...according to statute, if the building official is designated to enforce such regulations, [the
building official] must be a full-time member of the fire department." According to the State Fire
Marshal, even in those instances wherein the local fire department is unable to .perform these
mandated tasks, the responsibility falls to the Office of the State Fire Marshal, as building
officials' statutory authorization is limited to enforcement of regulations pertaining to R-3.
occupancy Buildings.
I respectfully ask that you share this letter and attachment with the members of the City
Managers' Department. Please call me if you have any questions or concerns at (951) 304-
3473.
Sincerely,
Paul Christman, President
Fire Chiefs' Department, League of California Cities
cc: Council Member Robin Lowe, Board President, League of California Cities
Chris McKenzie, Executive Director, League of California Cities
Attachment
L E A E 1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
OF CALL FOItN IA www.cacities.org
1_CITI ES
March 23, 2010
TO: Members: Public Safety Policy Committee
FROM: Dennis Gillette, (Chair), Mayor, Thousand Oaks
Dorothy Johnson, League Staff (916) 658-8214
RE: POLICY COMMITTEE MEETING
DATE: Friday, April 9, 2010
TIME: 10:00 a.m. — 3:00 p.m.
PLACE: Ontario Convention Center
2000 E. Convention Center Way, Room 204, Ontario
Attached are the agenda and background materials for the upcoming policy committee meeting.
If you plan to attend, and have not yet returned the attendance form, please contact Linda
Welch Diamond at Idiamond(Ocacities org before 10:00 a.m. on March 31st. Registration for
this meeting is not required; however, your response will help us determine the meal count.
AIR TRANSPORTATION:
Low, refundable airfares are available through the Enhanced Local Government Airfare Program.
The program requires that a city be pre -registered; check with your city's travel coordinator. This
program is ticketless and includes Southwest, United and United Express. For city pairs, rates, or if
your city has not yet registered, please check the League Web site at http://www.cacities or Itravel
for details.
If you plan to drive, you may check your most reliable Web site for directions to the hotel (e.g.,
www.vahoomaps com; www.mapauest.com).
OVERNIGHT ACCOMODATtONS: The deadline for a guaranteed rate at the Ayres Hotel and
Suites ($84 plus taxes and fees) was March 14t'. However, you are welcome to contact them
for availability: (909).390-7778 or (800) 248-4661. They are located next to the convention
center at 1945 E. Holt, Ontario. From the hotel, you can either walk to the convention center or
use their hotel shuttle. Shuttle service is also available to and from the airport.
PARKING at the Ontario Convention Center is $8. There are no "in and out" privileges. There is
no charge for parking at the hotel:
Deadline for Submitting Annual Conference Resolutions
Friday, July 16, A..10, 5 p.m., .for submittals by regular mail or
Saturday, July 17, midnight, for submittals by e-mailffax
For more information, visit: www.cacifies ora/resolutions or contact.• Idiamond0cacities ord
PUBLIC SAFETY POLICY COMMITTEE
Friday, April 9, 2010
10:00 a.m. — 3:00 p.m.
Ontario Convention Center, Room 204
AGENDA
L Welcome and Introductions
II. Public Comment
III. Committee Work Program (Attachment A)
IV. Narco Terrorism on the U.S. Border: Public Safety Concerns for California and Other
Border States
- Speaker: Federal Bureau oflmestigation Representative
V. State Budget Update
VI. Emergency/Disaster Response Funding Proposals (AttachmentB) Informational
1) Emergency Response Initiative
2) State Assistance for Fire Equipment Act by Assembly Member Jeffries
VII. State Legislative Update (Attachment C)
1) AB 1858 (Blumenfield) & SB 1029 (Yee,) Action Item
Bloodborne Disease Prevention Sterile Sages and Needles
2) SB 1281 (Padilla) Emergency Medical Services: Defibrillators Action Item
- Speaker: Jim Madaf,)Yer, AED Volunteer Advocate
VIII. Federal Legislative Update
1) National League of Cities Update
2) Stafford Act Reform Recommendations (Attachment D) Action Item
IX. Building Inspection Authority for Local Fire Departments (Attachment E) Informational
X. Technology Subcommittee Update
- Speaker: Greg Park Subcommittee Chair, Information Technology Coordinator,
City of Livermore Police Department
XI. Neat Meeting: FRIDAY, June 18, 2010, Sacramento Convention Center
BmwnAdBeminder. 7&LeagueofCalifonriaCities'BoardofDlnz—hasapolicyofcomplyingwBhfhesP-ofopenmee wlaws Generally,o-agenda item nWbetaka
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NOTE. • Policy committee members should be aware that bracts is usually served at these Medina& 77m slate's Fair Political Practices Commiuton tales the positron that
the value ofthe lunch should be reported on city gg7chds'slatement ofeconomlc interestsform.- Because ofthe service you provide at these meerings, the League token
the position that the value ofthe lunch should be reported as imome On returnforyourservice to the committee) as opposed to a a* (note that this u not income for
Flute orfederal income larpurposes—just Political Reform Ad mporlbtgpurposes). 77ke League has beenpersistem, ben unsuccessful, in altempdug to change the
FPPC'smind about this interpretafioir. As such, we feel we need to lef you know about the lssueso you can determine your course ofadion.
!fyou wouldpAfer »or to have to report file iwlue o(lhe hmches as income, we will let you know fire amount so you can reimburse flu League. 171e lunettes tend ra Farr
In the Sao to Sa3 raiage. To revimr a copv ofthe FPPCs most recent lever on this issrtr, Please go to u•uv7 ravines. nre FPP(7ctter on the Leagne s Web site.
FROM:
DATE:
C EIVED
MAY 1 0 2010
�tG��rCLT 1NCV6�S BY -
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
Samuel Kevin Wilson Virector of Community Services & Water
May 10, 2010
SUBJECT: FIRE CODE INSPECTIONS
A question has recently arisen regarding the current and future role the Community Services
Department will take in regards to enforcing the Fire Code.
As far back as I can remember, which is almost 30 years now, the City has strived to have a one stop
counter where all building construction and City engineering information can be provided to the public. I
believe that this concept has worked well for the community. This one stop counter has included a Code
Inspector providing information regarding construction related fire code issues. For a brief period, that
individual was housed in the Fire Departments' offices which was directly across the hall from the Community
Services offices, but for most of the time that individual was housed within the Community Services office area
and reported to the Director of Community Services.
Ultimately it is your determination and the City Council's determination if you would like this
arrangement to continue.
Section 7.3 of the Vernon Municipal Code. states, "The City Administrator may assign to the Director
of Community Services all or part ofthe responsibility for enforcing (i) The Uniform Fire Code sections
pertaining to building construction, equipment installation, and facilities installation including but not limited to
access roads, address identification, street signs, key boxes, fire extinguishing systems, alarm systems, industrial
facilities, gas cryogenic systems, refrigeration and storage and (ii) weed and rubbish abatement, any such
assignment shall be in writing and shall specify the Uniform Fire Code sections or portions thereof assigned, or
the weed and rubbish abatement provisions so assigned."
Over the years the City Administrator has issued memos outlining the sections of the Code that would
be assigned to. the Director of Community Services. The original portions of the Fire Code assigned to the
Community Services Department are attached to the August 31,1993 memo enclosed herewith. With the
appointment of the Fire Marshal position the duties of the Director of Community. Services Department in
respect to the Fire Code were outlined in a memo issued by the former City Administrator on September 10,
2008, a copy of which is enclosed. Specifically, the processing of construction permits in regards to the Fire
Code would remain with the Community Services Department. The Fire Department would continue after the
initial occupancy was approved by the Community Services Department to conduct annual inspections of
facilities to ensure that all fire and life safety provisions of the Fire Code are being maintained.
The Fire Chief is recommending that Section 7.3 of the Vernon City Code be repealed and that the Fire
Marshal and Code Inspector, who enforces the Fire Code, be placed under the authority of the Fire Chief
pursuant to State law.
Section 7.3 of the Vernon City Code was implemented prior to myself being appointed to the Director
of Community Services position. Although the Fire Code has been reorganized the portions of the Fire Code
enforced by the Community Services Department has not changed during this time. It was my assumption that
when this code section was adopted that the City Attorney's office would have performed an analysis to
determine the legality. It is only now, that the current Fire Chief raised the issue, that I reviewed the law. None
of the prior Fire Chief s during my tenure raised the concern. It may be that a Charter City is exempt from these
laws.
The Fire Chief has provided you with a letter dated April 20, 2009 from the Office of the State Fire
Marshal stating that authority to enforce State Fire Marshal regulations reside with the local fire chief or their
designated representative. It is my understanding that similar letters have been issued in the past by former State
Fire Marshals. The origin of the letter was based on the fact that local Fire Chiefs were assigning annual school
inspections to school superintendents. The State Fire Marshal was pointing out that this assignment was not
authorized. This letter has recently been used to demonstrate that Fire Marshal positions could not be
eliminated due to pending budget cuts.
The California Building Officials (CALBO) has prepared a response to this letter which is enclosed
herewith. In short it acknowledges that the local governments are in the best position to determine how, the
experience, education, and expertise are to be utilized within their organizational structure.
The'building codes and fire codes overlap in many instances. It is where this overlap occurs that
discretion is given to local government. Given the current economic situation, it makes little sense to have two
departments (Fire and Building) plan checking and inspect the exact same requirements. Therefore many
municipalities designate which department will be responsible for enforcing these regulations. I believe that
was the intent of Section 7.3 of the Vernon City Code. However, in reviewing State law it appears that some of
the duties assigned to the Community Services Department may not be permissible.
Health and Safety Code Section 13146(2)(b) states that, "The Chief of any City or County Fire
Department or any other fire protection district, and their authorized representatives, shall enforce within its
jurisdiction the buildings standards of the State Fire Marshal..." Section 111.1 of the California Building Code
sets forth the uses under the Office of the State Fire Marshal which include an: 1) asylum, 2) jail, 3) mental
hospital, 4) children's nursery, 5) theater, 6) dance hall, 7) auditoriums, 8) places of assembly of 50 or more, 9)
high rises, 10) hotels, 11) tents, 12) fire alarm devices, equipment and systems in connection with any
occupancy, 13) hazardous materials, 14) flammable and combustible liquids, 15) public school fire detection,
alarm and sprinklers, and 16) wildland-urban interface fire area. Section 111.2.1 of the California Building
Code states in part, "The responsibility for enforcement of building standards adopted by the State Fire Marshal
and published in the California Building Standards.Code relating to fire and panic safety and other regulations
of the Office of the State Fire Marshal shall be as follows...: 2) The chief of any city or county fire
department..." In addition Section 104 of Appendix 1 of the California Fire Code states that the fire code
official is authorized to enforce the provisions of the fire code. Therefore the specified uses and fire alarm
devices and equipment and the California Fire Code fall under the authority of the Fire Chief.
Additionally, in the regulations of -buildings used for Human Habitat (State Housing Law), it states that
the Chief of any City or County Fire Department or district providing fire protection services and their
authorized representatives, shall enforce in their respective areas all these provisions of this part, the Building
Standards published in the State Building Standards Code relating to fire and panic safety, and these rules and
regulations promulgated pursuant to the provisions of this part pertaining to fire prevention, fire protection, the
control and spread of fire and safety from fire panic.
Health and Safety Code Section 18949.27 defines the Building Official as the individual invested with
the responsibility for overseeing local code enforcement activities, including administration of the Building
Department, interpretation of Code requirements and direction of the code adoption process.
California Code of Regulations Title 24 Part 2 of the California Building Code defines the Building
Official as the officer or other designated authority charged with the administration and enforcement of this
code. This code further states that the Building Official is charged with inspecting the building and structure
and issuing the certificate of occupancy. Furthermore, Section 104 of Appendix 1 of the California Building
Code states that the Building Official is hereby authorized and directed to enforce the provisions of the Building
Code.
It appears that pursuant to Section 34004 of the Government Code the City Council transferred the
imposition of certain duties in respect to the fire code regulations to the Director of Community Services.
However, Health and Safety Code Section 13146.5 Enforcement At a Local Level states, "The provisions of
sections 13145, 13146, and 13146.3 shall so far as practicable, be carried out at local level by persons who are
regular full time members of a regularly organized fire department of a city, county -or district providing fire
protection services, and shall not be carried out by other persons pursuant to Section 34004 of the Government
Code." This Health and Safety Code appears to prohibit the transfer of duties, but given that the language
contains the wording, "...so far as practicable...", there may be some discretion on the City's behalf.
It appears that the State law may preclude the transfer of some of the duties prescribed in Section 7.3 of
the Vernon City Code and many of the duties currently performed by the Code Inspector in the Community
Services Department. Therefore it may be appropriate for these duties to be reassigned to the Fire Chief.
That would not however preclude these individuals who will be working under the Fire Chief, to be
assigned to work in the Community Services office area in.order to maintain the City's one stop counter.
In regards to repealing Section 7.3 of the Vernon City Code, it appears that this may be warranted given
State law. The .City Attorney should provide you a final opinion on this matter.
SKW/ca
Enclosures
August 31, 1993 SEP 1993
�'011J�7iiftll`/ VI�e
To: " x"a'F `' V&It• ; Interim Director of Community Services
Dave Telford, Fire Chief
F:nrn. Bruce V. Malkenhorst, City Administrator 11111"�'
Re; 1991 FIRE CODE
Gentlemen:
At the request of the Interim Director of Community Services, I
have, reviewed the list of various 1991 Fire Code Sections and
approve the request of Mr. Vaits; therefore, all sections of the
1991 Fire Code contained on the attached pages will be assigned
to and enforced by the Interim Director of Community.Services.
BVM/hr
0
1.991 FIRE CODE
SECTIONS ASSIGNED TO THE DIRECTOR OF COMMUNITY
SERVICES FOR ENFORCEMENT
Part III - General Provisions for Fire Safety
Article 10. Fire Protection
Division II.
Fire Apparatus Access Roads
SEC. 10.201.
General
10.202.
Plans
10.203.
Required Access
10.204.
Specifications
10.206.
Marking
Division III.
SEC.
Fire Department Access to Buildings
10.301.
Premises Identification
D3..vision IV:
Water Supplies for Fire Protection
SE._.10.402.
Type of Water Supply
10.403.
Fire Hydrants
Divisions V.
Installation and Maintenance of Fire -protection
SEC. 10.502.
and Life -safety Systems
Timing of Installation
10.503.
Approval and Testing
10.506.
10.507.
General Provisions for Fire -extinguishing. Systems
Required Installations of Automatic
Fire -extinguishing Systems
10.508.
10.509.
Sprinkler System Supervision Alarms
'Sprinkler
10.510.
Permissible Omissions
Standpipes
10.511.
Basement Pipe Inlets
10.512.
10.313.
Ventilating Hood and Duct Systems
Fire -extinguishing Equipment for Protection of Kitchen
Grease Hoods and Ducts
(e)•
Operation and Maintenance (n(Dt included)
ARTICLE 14. Fire Alarm Systems
SEC. 14.103. General
14.104. Required Installations
Part V - Special Processes
ARTICLE 45. Application of. Flammable Finishes
DIVISION II. Spray Finishing
SEC. 45.202. Location of Spray -finishing Operations
45.203. Spray Booths
45.206. Ventilation of Spray Booths and Spraying Areas
DIVISION III. DIPPING OPERATIONS
SEC. 45.301. Location of Dip Tank Operations
45.302. Ventilation of Vapor Areas
45.303. Construction of Dip Tanks and Appurtenances
45.307.(b) Fixed Fire -extinguishing Equipment
45.308. Dip Tank Covers
45.309• Hardening and Tempering Tanks
1991 Fil•c C0d1_s
DIVISION IV.
Electrostatic Apparatus
SEC. 45.401.
Equipment Type and Location
45.402.
Controls
45.406.
Fire Protection
DIVISION VI.
Powder Coating
SEC. 45.601.
General
45.602•
Location and Construction of Powder Coating
Rooms and Booths
45.604.
Ventilation
45.605.
Drying, Curing and Fusing Equipment
45.607.
Fixed Electrostatic Spraying Equipment
45.608.
Electrostatic Fluidized Beds
45.609.
Fire Protection
ARTICLE 49. Welding and Cutting
SEC. 49.102. Piping for Oxygen and Fuel Gases
49.111.(a)(b) Acetylene Generator Rooms
ARTICLE 50. Manufacture of Organic Coatings
SEC. 50.1.04.
Process Buildings
50.106.
Drainage Facilities
50.107.
Process Mills, Mixers and Kettles
50.108.
Process Piping
50.111.
Electrical Equipment
50.112.
Protection from Static Electricity and Lightning
50.113.(a)
Fire Protection - Fire Alarm System.
ARTICLE 51. Semiconductor Fabrication Facilities Using
I3azardous Production Materials
SEC. 51.104. Alarm Systems
51.105.(a)(b)(d) Fabrication Areas
51.106.(a)(c)(d)(e)(f) Workstations within Fabrication Areas
51.107. Storage and Dispensing of HPM within Fabrication Areas
PART VI - Special Equipment
ARTICLE 61. Oil -burning Equipment
SEC. 61.102. General:
61.103. Design, Construction and Installation
61.104. Electrical Wiring and Equipment
ARTICLE 62. Industrial Baking and Drying Ovens
SEC. 62.103. Location and Construction
62.104. Ventilation
62.105. Safety Controls
ARTICLE 63. Mechanical Refrigeration
SEC. 63.108. Emergency Diffusion Systems
I
I
Pa - - 19(71 Fire Codes
PAPT VII - Special Subjects
ARTICLE 74. Compressed Gases
DIVISION II. Medical
SEC. 74.205:
Distribution
74.206.
Shutoff Valves
74.207.
Station Outlets
74.208.
Testing of Piping
74.209.
Cross -connection Testing
74.210.
Purging
74.211.
Warning Systems
74.212.
Fire Protection
ARTICLE 75. Cryogenic Fluids
DT17TSTON II.
Containers and Other Vessels
75.201.(a)(b)(c) Design, Construction and Testing
75.202.
Pressure -relief Devices
75.203.
Pressure -relief Vent Piping
75.204.
Insulation
75.205.
Nameplates
DIVISION III.
Storage
SEC. 75.301.
75.301.(b)
Installation of Aboveground Containers
75.302.
Temporary Installations (not included)
75.303.
Drainage for Aboveground Containers
Location of Aboveground Containers with
Respect to Exposures
75.304.(b)(c)
75.305.
Installation of Belowground Concrete Containers
75.306.
Installation .of Cryogenic In -ground. Containers
Location of Belowground and In
-ground Containers with
Respect to Exposures
75.307.
Location in Areas Containing Flammable Materials
DIVISION IV.
Piping, Process and Accessory Equipment at
SEC. 75.401,
FacilitiesManufacturing ConsumerSites
Piping, 1 ter als and Co Construction
75.402.
Valves and Accessory Equipment
ARTICLE 76. Prevention of Dust Explosions
SEC. 76.103. Enclosures
76.104. Separators
76.105. Dust Collection
76.107. Electrical Grounding
76.109. Explosion Control
ARTICLE 79. Flammable and Combustible Liquids
DIVISION I. General
SEC. 79.115• Spill Controls, Drainage Control and Secondary
Containment
DIVISION II. Container and Portable Tank Storage Inside Buildings
SEC. 79.203.(a)(b)(c)(d)(9) Liquid Storage Rooms
79.204.(a)(b)(c)(d)(f) Liquid Storage Warehouses
79.205• Portable Fire Extinguishers, Hoses and Water Supply
L:laye 4 - 1991 Fire_ Codes
DIVISION III. Stationary Tank Storage Inside Buildings
SEC. 79.301. General
79.302• Tank Connections
79.303. Fire Protection
79.304. Spill Control, Drainage Contrnl and Secondary
Containment
DIVISION V.
Stationary Tank Storage, Aboveground, Outside of
Buildings
SEC. 79.501.
General
79.502.
Design and Construction of Tanks
79,503.
Location with Respect to Property Lines, Public
79.504:
Ways and Important Buildings on the Same Property
Spacing between Adjacent Tanks
79.505.
Supports, Foundations and Anchorage
79.566.
Stairs, Platforms and Walkways
79.507.
Drainage Control and Diking
(e)
79.508.
Combustible Materials in Diked Areas (not included)
Tank Valves
79.509.
Tank Connections
DIVISION VI.
SEC. 79.601.
Tank Storage Underground, Outside or Under Buildings
General
79.602.
Design and Construction
79.603.
Corrosion Protection
79.604.
Tank Connections
79.605.
Testing
DIVISION VII.
Piping, Valves and Fittings
SEC. 79.701.
Materials and Designs
79.702.
79.703.
Protection from Corrosion and Galvanic Action
Valves
79.704.
Supports
79.705.
Swing Joints
79.706.
Pipe Joints
79.707.
Bends
79.708.
Testing
DIVISION VIII.
Use, Dispensing and Mixing
SEC. 79.805.
Use, Dispensing and Mixing Rooms
79.806.
Fire Protection
79.808.
Loading and Unloading Facilities,
DIVISION IX. Motor Vehicle Fuel -dispensing Stations
SEC. 79.903.(a)(e)(g)(h)(i)(j) Dispensing
79.904. Pressure Deliver Motor Vehicle Fuel -dispensing Stations
79.905. Electrical Equipment
79.906. Heating Equipment
79.907. Drainage and Waste Disposal
79.909. Motor Vehicle Fuel -dispensing Stations Located
Inside Buildings
79.911.(a)(b)(c) Vapor Recovery
DIVISION XI. Well Drilling and Operating
SEC. 79.1101. Scope
79.1102. Location
79.1104. Sumps
79.1106. Storage Tanks
' Page 5 - 1991 Fire Codes
DIVISION XIII.
Industrial Plants
SEC. 79.1301.
General
79.1302.
Construction
79.1304..
Ventilation
79.1305.
Sources of Ignition
79.1306,
Drainage Control
79.1308.
Electrical Equipment
79.1311.
Fire Protection
(d)
Special Extinguishing Equipment (not included)
DIVISION XIV.
Bulk Plant_ s or Terminals
SEC. 79.1402.
Buildings
79.1403.
Ventilation
DIVISION XV. Chemical and Processing Plants
SEC. 79.1502. Construction
79.1503.
Location of Processing Vessels
79.1504.
Spill Control and Drainage Control
79.1505.
Ventilation
79.1506.
Explosion Control
79.1513.
Sources of Ignition
DIVISION XVI.
Refineries and Distilleries
SEC. 79.1604.
Pressure Vessels
79.1605.
Location of Process Units
79.1606.
Fences
79.1609.
Fire Protection
DIVISION XVII.
SEC. 79.1705.
(d)2
79.1706.
79.1707.
79.1708.
79.1711.
79.1712.
79.1713.
Dry, Cleaning with Flammable and Combustible Liquids
Occupancy Requirements
Solvent Storage (not included)
Ventilation
Heating Equipment
Electrical Wiring and Equipment
Stills
Drying Tumblers and Cabinets
Bonding and Grounding
ARTICLE 80. Hazardous Materials
DIVISION III. Storage
SEC. 80.301.(b)(c)(1)(m)(p)(q)(r)(s)(u)(v)(w)(y)(z) General
ARTICLE 81. High -piled Combustible Storage
SEC. 81.104, Commodity Classifications
81.105. Fire Protection
81.106. Automatic Fire -extinguishing Systems
81.107. Smoke Venting, Smoke Removal Systems and Curtain Boards .
81.108. Aisles
81.109. Access to Building
81.110. Small Hose Connections
81..111. High -rack Storage Systems
I
page 6 - 1991 Fire Codes
ARTICLE 82.
Liquefied Petroleum Gases
SEC. 82.102.
Permits and Records
82.103.
Installation of Equipment
82.104:
Location of Containers
82.111.
Fire Protection
ARTICLE 84.
Motion Picture Projection
SEC. 84.102.
Projection Rooms
ARTICLE 88.
Aerosol Products
DIVISION II.
Storage and Retail Displays
SEC. 88.204.
Aerosol Warehouses
(e)
Other Storage (not included)
DIVISION III.
Automatic Fire -extinguishing Systems and Storage
Arrangements
SEC. 88.302.
Automatic Fire -extinguishing Systems
88.303.
Draft Curtains
Part VIII - Appendices
DIVISION II. Special Hazards
APP. II-F. Aboveground Storage. Tanks for Motor Vehicle
Fuel -dispensing Stations
2. Installation of Tanks
3. Installation of Dispensing Systems
4. Plans
DIVISION III. Fire Protection
APP. III -A Fire -flow Requirements for Buildings
III-B. Fire Hydrant Locations and Distribution
FCODE
12-15-92
�o
CITY ADMINISTRATIONVN "
INTER -OFFICE MEMORANDUM
sty I"
DATE: September 10, 2008
TO: Kevin Wilson, Director of Community Services & Water
COPY: Mark Whitworth, Fire Chief
FROM: Eric Fresch, City Administrator
RE: Fire... "`
Code Enforcement Duties
In response to your memo dated August 20, 2008 (attached), the processing of
construction permits in regards to the Fire Code will remain with the Community
Services Department.
�pFY$
rG•e4Y 114011'
COMMUNITY SERVICES & WATER DEP
OFFICE MEMORANDUM
CITY ADMIN. DISTRIBUTION
V-] o
TO: Eric Fresch, City Administrator
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: August 20, 2008
SUBJECT: TIRE CODE ENFORCEMENT
In accordance with Section 7.3 of the City Code certain duties of the enforcement of the Fire Code may be
assigned to the Community Services Department. With the Fire Departments' recruitment of a Fire Marshall it appears
that there could potentially be an overlap of duties. In discussions with the Fire Chief, it is my understanding that he
agrees that the processing of construction permits in re regards to the Fire Code will remain wi
Department. _ .. -Services
Traditionally the Community Services Department has taken on the duty of issuing construction pennits for the
installation of equipment and the construction of buildings. This one stop shop concept has allowed a developer to come
to one location and obtain information on all of the construction codes including the Fire Code. Internally it allows City
staff to work in a small environment creating an open communication between the various City inspectors to ensure that
no projects slip through the cracks and that all necessary permits are obtained.
I believe this arrangement has been good for both the City and the community.
In addition the Community Services Department issues a Certificate of Occupancy to each tenant within the City.
As part of this process the Department conducts an inspection to determine that the use is in compliance with the various
construction codes. During this inspection the Code Inspector that the Community Services Department utilizes to enforce
the Fire Code would check to ensure proposed storage, among other things conforms to the Fire Code.
The Fire Department currently through its inspection program determines that all safety devices installed as part
of the original construction, storage of materials, and operations are maintained in compliance with the Fire Code and the
Fie Marshall would oversee these operations:
In reviewing the job duties outlined in the job flyer for the Fire Marshall position, it appears that one person
cannot handle all of the duties outlined, given that the fire construction inspections currently performed by the Community
Services Department is less than half of the duties, yet is nearly a full time job.
It is hereby recommended that the Community Services Department continue with the responsibility of enforcing
the sections of the Fire Code pertaining to building construction, equipment installations, and facility installations
including the initial storage arrangements of a tenant. The Fire Department will be responsible to ensure that the
buildings, equipment, and storage are maintained in accordance with the Fire Code.
If Bill Wilson, the current Fire Prevention Inspector in the Community Services Department were to apply and be
hired as the Fire Marshall then a total reorganization Of this section would be required. In accordance with Section 7.3 of
the City Code any such assignment must be in writing. Please advise if you agree with this assignment. If you have any
questions please contact me.
SKW/ca
California
Buildin
�9
Officials
March 30, 2010
PRESIDENT
STEPHAN KIEFER, C.B.O.
BUILDING OFFICIAL
Fellow local government officials, members of the League, and interested
stakeholders,
CITY OF LIVERMORE
FIRST VICE PRESIDENT
Over the past several months, the California Building Officials (CALBO) has
DAN PAVAO, C.B.O.
received several inquiries regarding a State Fire Marshal (SFM) letter dated
BUILDING OFFICIAL / FIRE MARSHAL
April 20, 2009. The letter is attached for your reference.
CITY OF EL CAJON
Executive Summary
SECOND VICE PRESIDENT
RICHARD S. RENFRO, D.B.O.
The letter presents an interpretation from the SFM office, on the enforcement
BUILDING OFFICIAL'
authority of health & safety code sections 13145 and 13146; sections
CITY OF ELK GROVE
related
to the enforcement of SFM regulations as they apply to building construction.
IMMEDIATE -PAST PRESIDENT
As background, the SFM adopts state regulations, which include the majority
JAY ELBETTAR,
of the state building code, along with various provisions of other state
PE.. C.S.O.
construction codes.
DIRECTOR, BUILDING DEPARTMENT
CITY OF NEWPORT BEACH
We have reviewed the SFM letter, along with relevant legislative history and
DIRECTORS
State Attorney General Opinions. We do not agree with the conclusions
13ECKY FRASER, C.B.O.
presented in the letter. Specifically, we have concern with the -last two
BUILDING OFFICIAL
paragraphs. While the SFM letter is meant to provide clarification, and
CITY OF OROVILLE
correctly re -states the applicable code sections, we believe the interpretation
TOMAS
stated.in the letter is inaccurate because it fails to take into consideration, the
R. G nE.
BUILDING
legislative intent of the applicable code sections. As written, the state law
OFFICIAL
OFFICIAL
CITY OF FAIRFIELD
allows local government to meet the intent of the law, in the most efficient
BILL NAGEL, S.E., C.B.O.
interpretation would seek to change this restricting local control We believe
BUILDING OFFICIAL &
this would result in reduced building safety reduced organizationalefficiency
ASST. DEVELOPMENT SERVICES DIRECTOR and reduced customer service. We continue to work with the SFM in �.
CITY OF REDDING
resolving this difference of opinion.
CRAIG R. OLIVER. C.B.O.
Background -
CHIEF BUILDING OFFICIAL
CITY OF MARINA
The SFM letter re -states Section 13146.5, which says, "The provisions of
JAY SALAZAR, P.E.
Sections 13145, 13146-and 13146.3 (inspections of school buildings) shall,
CHIEF BUILDING OFFICIAL
so as far as practicable, be carried out at the local level by persons who are
CITY OF VACAVILLE
regular full-time members of a regularly organized fire department of a city,
county or district providing fire protection services, and shall not be carried
out by other persons pursuant to Section 34004 of the Government Code. "
However, the letter then provides direction as to how the section should be
applied. The letter presents an opinion; "regular full-time members of the
Jocal fire departments are responsible for enforcing the regulations to the
1 225 EIGHTH STREET, SUITE 425 • SACRAMENTO, CALIFORNIA 95B 1 4
T: 91 6.457.1 1 03 www.CALSO.ORG F. 91 6.442.361 6
extent they are able." "If, however, due to financial or other constraints, the local fire department
members cannot perform the mandated tasks, then the responsibility falls to the State Fire
Marshal who may or may not ha ve local personnel assigned to the particular area. " The letter
states further that, "The responsibility would not fall to the local building officials as their
authorization is limited to the enforcement of regulations dealing with R-3 occupancy buildings."
We believe this to be an inaccurate interpretation of the law (Health & Safety Code Section
13146.5). In 1959, the State Legislature passed Assembly Bill 2357, which added section
13146.5 "...shall, as far as practicable,..." The legislative intent was to prohibit the local fire chief
from neglecting enforcement responsibility of sections 13145, 13146 and 13146.3, and prohibit
the transfer of this responsibility to unqualified individuals. 'Under the previous law, local
enforcement was permissive. The local chief could simply choose not to enforce these
regulations, or could appoint an "honorary fire chief' such as a school principal or volunteer
firefighter, to take on the responsibility. These individuals were not necessarily qualified to
assume this responsibility.
In reviewing A.B. 2357's background material, it's clear that the intent of the 1959 law was to
make enforcement mandatory at the local level (where practicable), and ensure the enforcement
is handled by qualified individuals. Ina letter of supportfor the assembly bill, then SFM Joe
Yockers stated, "I believe that this is a good bill since it clears up any doubt whether the
enforcement of the fire safety standards of the state fire marshal is permissive or mandatory."
Please note that in 1959, the SFM regulations were a fraction of what they are today. Since that
time, those regulations have expanded significantly. In addition, local government structures
have evolved with their communities' growth, organizational structure, and service expectations.
Local governments throughout California distribute enforcement responsibilities of state fire
marshal regulations among various divisions and. departments, in particular, the local building
department and fire prevention bureau. This distribution varies from community to community,
and is based on several factors identified within the local government's organizational structure
and community needs. These factors include subject -matter expertise, customer service, and
staffing efficiencies. As an example, a community's building department might regulate the
construction of fire resistant buildings, exit paths, and electrical safety, while the local fire
department might regulate, hazardous materials management, and maintenance of a building's
maximum occupant load. Each community enforces the building codes in a different way based
on the factors noted above.
The state fire marshal's interpretation concludes that local government can't do this. It concludes
that the local fire department must enforce ALL of the state fire marshal regulations and if they
can't, the state fire marshal's office (and no one else), must step in. Doing so would result in a
diminishment of building safety, organizational efficiency, and customer service. Furthermore,
the vast majority if not all, communities throughout the state would currently be out of compliance.
For example, the SFM interpretation would prohibit anyone except someone from the fire
department, from enforcing the construction of exterior building walls, the re -roof of a building, or
the wiring of electrical receptacles within daycare center. In actual practice, local government
ensures this with construction experts, through the most efficient organizational structure, and
timely customer service.
Page 2
CALBO and local government recognize the importance of including and applying a local fire
department perspective in enforcing state fire marshal regulations. Applying this perspective is
essential. We also believe this perspective may be applied in a variety of ways, which is best
determined at the local level.
While communities may vary in how they distribute enforcement responsibilities one constant
remains; the desire to ensure safe buildings. Every community shares the state fire marshal's
desire to have safe buildings. Communities rely on their building safety and fire prevention
services to ensure this. Local plan reviewers, engineers, inspectors, building officials and fire
marshals understand the critical importance of building safety. They have the requisite
experience, education and expertise. Local government is in the best position to determine how
this experience. education and expertise are utilized within their organizational structure
We all recognize that communities and their local building safety and fire prevention officials
continually strive to maintain building safety. Public safety is of paramount importance. Along
with design professionals and contractors, we have successfully worked together to provide a
safe built environment throughout California. This is a shared priority. There is no exclusive
claim to the desire for, or understanding of safe buildings. Local government is in the best
position to determine how they provide services, organize operations, and ensure building and
fire safety for their community.
We encourage you to review this information with your city attorney or county counsel. Additional
background information is attached.
Sincerely,
CALBO Board of Directors
ATTACHED: SFM Interpretation Letter, April 9, 2009
Health & Safety Code Sections 13145 &13146 and Government Code Section 34004
Assembly Bill 2357 (1959) and background material
CALBO Six -Point Policy
AG Opinion 86-406
AG Opinion 80-906
AG Opinion 51-281
AG Opinion 46-163
Page 3
STATE OF CALIFORNIA—THE NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
Office of the State Fire Marshal
15i P.O. Box 944246
L
SACRAMENTO, CA 94244-2460(916)445-8200
Website: www.fire.ea oov
April 20, 2009
To Stakeholders and Interested Parties
Re: Request for Clarification of Health and Safety Code 13146 and 13146
This is in response to recent inquiries for clarification on the authority/responsibility of fire and panic
safety for state fire. marshal regulations; and on the transfer of responsibilities for State Fire Marshal
regulated occupancies from fire chief to the local building officials:
The issue is whether local building officials can assume the responsibilities of enforcing State Fire
Marshal fire and panic safety regulations, to include both building and non -building standards. The Health
and Safety Code, Section 13145 and 13146 authorizes the local fire chief, or their authorized
representatives to enforce the State Fire Marshal fire and panic safety regulations as indicated below:
Health and Safety Code Section 13145:
The State Fire Marshal, the chief of any city or county fire department or district providing fire protection
services, and their authorized representatives, shall enforce in their respective areas building standards
relating to fire and panic safety adopted by the State Fire Marshal and published in the State Building
Standards Code and other regulations that have been formally adopted by the State Fire Marshal for the
prevention of fire or for the protection of life and property against fire or panic.
Health and Safety Code Section 13146.-
The responsibility for enforcement of building standards adopted by the State Fire Marshal and published
in the California Building Standards Code relating to fire and panic safety and other regulations of the
State Fire Marshal shall be as follows:
(a) The same agency or entity to whom authority to enforce building standards not related to fire and
panic safety is delegated by the city, county, or city and county with jurisdiction in the area
affected by the building standard shall enforce within its jurisdiction the building standard and
other regulations of the State Fire marshal as they related to R-3 occupancies, as defined in
Section 1201 of Part 2 of the California Building Standards Code.
(1) The chief of the fire authority of the city, county, or city and county, or his or her
authorized representative.
(2) The chief building official of the city, county, or city and county, or his or her
authorized representative.
(b) The chief of any city or county fire department or of any fire district and their authorized
representatives shall enforce within its jurisdiction the building standards and other regulations of
the State Fire Marshal, except those described in subdivision (a) or (d).
CONSERVATION IS WISE -KEEP CALIFORNIA GREEN AND GOLDEN
PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS AND INFORMATION, VISIT "FLEX YOUR POWER" AT VWM.CA.GOV.
(c) The State Fire Marshal shall have authority to enforce the building standards and other regulation
of the State Fire Marshal in areas outside of corporate cities and districts providing fire protection
services.
(d) The State Fire Marshal shall have authority to enforce the building standards and other
regulations of the State Fire Marshal in corporate cities and districts providing fire protection
services upon request of the chief fire official or the governing body.
Health and Safety Code, Section 13146.5 continues by saying, "The provisions of Sections 13145,
13146, and 13146.3 (inspection of school buildings) shall, as far as practicable, be carried out at the local
level by persons who are regular full-time members of a regularly organized fire department of a city,
county, or district providing fire protection services, and shall not be carried out by other persons
pursuant to Section 34004 of the Government Code.
In summary, the applicable statutory provisions to Health and Safety Code, Section 13145 and 13146
expressly designates those authorized by the Legislature who can enforce State Fire Marshal
regulations. These statutory provisions specifically authorize the local fire chief, or their designated
representative to enforce State Fire Marshal regulations (exception for R-3 as specified in 13146(a)).
The fire chief can appoint the building official as an authorized representative, however, the ultimate
responsibility lies with the fire chief. Also, according to statute, if the building official is designated to
enforce such regulations, they must be a full-time .member of the fire department.
As for language within 13143.6 that states," The provisions of Sections 13145, 13146 and 13146.3
shall, so far as practicable, be carried out at the local level by persons who. are regular full-time
members of a regularly organized fire department of a city, county, or district providing fire protection
services, and shall not be carried out by other persons pursuant to Section 34004 of the Government
Code." The Office of the State Marshal interprets the language to mean that regular full-time
members of the local.fire departments are responsible for enforcing the regulations to the extent they
are able. If, however, due to financial or other constraints, the local fire department members cannot
perform the mandated tasks, then the responsibility falls to the State Fire Marshal who may or may
not have local personnel assigned to the particular area. The responsibility would not fall to the local
building officials as their authorization is limited to the enforcement of regulations dealing with R-3
occupancy buildings.
Thank you for your continued support of the Office of the State Fire Marshal and your continued
dedication to fire and life safety.
Sincerely,
KATE DARGAN
State Fire Marshal
p
'EIVED
�``•-�.�:��•��`�� MAY ' I 0 2010
COMMUNITY SERVICES & WATER DEPARTM '1'��
OFFICE MEMORANDUM
TO: Donal O'Callaghan, City Administrator �---
FROM: Samuel Kevin Wilson Director of Community Services & Water���
DATE: May 10, 2010--"�`r,,,� '
SUBJECT: FIRE MARSI MIS STATEMENT DATED APRI L 28, 2010 1 D I W.
I have, received a copy of the April 28, 2010 Staff Report from the Fire Chief regarding the Fire
Marshal position and location. Attached to the Staff Report is a statement from Jed Hulsey, City of Vernon Fire
Marshal dated April 28, 2010. I feel it is important that respond to some of the statements made in this Staff
Report.
In the last paragraph of page I of the Fire Marshal's statement it states, "In my short tenure as Fire
Marshal, I have been identifying fire prevention issues that need immediate assistance to assure the safety of the
City, including buildings, businesses, activities and people within these sites. Specifically, the issues relate to
lack of enforcement of the building and fire codes as related to fire protection, hazardous materials storage,
storage of commodities inside and outside of buildings, weed and rubbish abatement, and associated fire permits
related to.fire safety. The majority of these issues are currently under the responsibility of the Community
Services Director, and specifically by the Community Services Fire Inspector." In addition Mr. Hulsey states
that the inspector is responsible for issuing warnings and citations for fire and life safety code violations,
amongst other tasks.
This is the first time that Mr. Hulsey brought his concerns regarding -lack of enforcement to the
Community Services Department's attention. The Building Department takes great pride in ensuring that all
structures are constructed in accordance with the California Construction Codes. From time to time contractors
and new tenants do violate the provisions of the Code. The Building Department takes any violation of the
Code seriously and takes appropriate steps to ensure that those violations are corrected however, due to the
circumstances of the City's current code enforcement provisions compliance can take some time.
It appears to me that there is some confusion on Mr. Hulsey's partas to the current responsibilities of
the Community Services Department and Fire" Department in respect to the Fire Code. I acknowledge that there
are numerous facilities that currently do not comply with the provisions of the fire and life safety code, but in
my opinion the vast majority of these violations are occurring after a Certificate of Occupancy has been issued.
If they occur prior to the issuance of a Certificate of Occupancy the Community Services Inspectors are. issuing
Orders to Comply, follow up letters andholding administrative hearings, in order to achieve compliance: I am
unsure what the Fire Department's process is if a code violation occurs after the Certificate of Occupancy is
issued.
With the knowledge that the Fire Department intended to hire a person to fill the position of Fire
Marshal, I wrote a memo seeking guidance from the City Administrator to determine what job duties would
continue to be assigned to the Community Services Department given Section 7.3 of the City. Code, On
September 10, 2008 Mr. Fresch provided direction via a memo, a copy of which is enclosed herewith. This
memo was copied to the Fire Chief and outlined that the processing of construction permits in regards to the
Fire Code would remain with the Community Services Department. By separate memo I have addressed if this
CITY ADMINISTRATION
INTER -OFFICE MEMORANDUM
rGs'$LY IMg3'�S
DATE: September 10, 2008
TO: Kevin Wilson, Director of Community Services & Water
COPY: Mark Whitworth, Fire Chief
FROM: Eric Fresch, City Administrator
RE: Fire Code Enforcement Duties'
In response to your memo dated August 20, 2008 (attached), the processing of
construction permits in regards to the Fire Code will remain with the Community
Services Department.
4tia'� o. •�M o .
4
' �`L•�YRLT IN�V'x*
COMMUNITY SERVICES & WATER DEP
OFFICE MEMORANDUM
CITY ADMIN, DISTRIBUTION
2 08 - Err.
_..- v-10
TO: Eric Fresch, City Administrator
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: August 20, 2008
SUBJECT: FIRE CODE ENFORCEMENT
In accordance. with Section 7.3 of the City Code certain duties of the enforcement of the Fire Code may be
assigned to the Community Services Department. With the Fire Departments' recruitment of a Fire Marshall it appears
that there could potentially be an overlap of duties. In discussions with the Fire Chief, it is my understanding that he
agrees that the processing of construction permits in re rds to the Fire Code will remain wi jai sGwices
Department.
Traditionally the Community Services Department has taken on the duty of issuing construction permits for the
installation of equipment and the construction of buildings. This one stop shop concept has allowed a developer to come
to one location and obtain information m all of the construction codes including the Fire Code. Internally it allows City
staff to work in a small environment creating an open communication between the various City inspectors to ensure that
no projects slip through the cracks and that all necessary permits are obtained.
I believe this arrangement has been good for both the City and the community.
In addition the Community Services Department issues a Certificate of Occupancy to each tenant within the City,
As part of this process the Department conducts an inspection to determine that the use is in compliance with the various
construction codes, During this inspection the Code Inspector that the Community Services Department utilizes to enforce
the Fire Code would check to ensure proposed storage, among other things conforms to the Fire Code.
The Fire Department currently through its inspection program determines that all safety devices installed as part
of the original construction, storage of materials, and operations are maintained in compliance with the Fire Code and the
Fire Marshall would oversee these operations.
In reviewing the job duties outlined in the job flyer for the Fire Marshall position, it appears that one person
cannot handle all of the duties outlined, given that the fire construction inspections currently performed by the Community
Services Department is less than half of the duties, yet is nearly a full time job.
It is hereby recommended that the Community Services Department continue with the responsibility of enforcing
the sections of the Fire Code pertaining to building construction, equipment installations, and facility installations
including the initial storage arrangements of a tenant, The Fire Department will be responsible to ensure that the
buildings, equipment, and storage are maintained in accordance with the Fire Code.
If Bill Wilson, the current Fire Prevention Inspector in the Community Services Department were to apply and be
hired as the.Fire Marshall then a total reorganization of this section would be required. In accordance with Section 7.3 of
the City Code any such assignment must be in writing. Please advise if you agree with this assignment. If you have any
questions please contact me.
SKW/ca
t Since 9
aj^< a z'•
��xs�erxt �xn�x� xx�rCtc�xtinxt�, �xtc�
The Only All Hispanic Owned Chain of Bilingual Newspapers
111 S. Avenue 59, Los Angeles, CA 90042-4211
Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age
of eighteen years, and not a party to or interested
in the above -entitled matter. I am the principal
clerk of the printer of
EASTERN GROUP PUBLICATIONS'
EASTSIDE SUN, MEXICAN AMERICAN SUN,
NORTHEAST SUN, BELL GARDENS SUN,
VERNON SUN, COMMERCE COMET,
CITY TERRACE COMET, MONTEBELLO COMET,
MONTEREY PARK COMET,
E.L.A. BROOKLYN BELVEDERE COMET
AND WYVERNWOOD CHRONICLE,
newspapers of general circulation, printed
and published THURSDAYS in the County of
Los Angeles, and which newspaper has been
adjudicated a newspaper of general circulation by
the Superior Court of the County of Los Angeles,
State of California, under the
date of JUNE 21, 1966,
CASE NUMBER 884861;
that the notico, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue
of said newspaper and not in any supplement
thereof on the following dates, to -wit:
SEPTEMBER 15,
all in the year 2011.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 15, day of SEPTEMBER, 2011.
This space is for the County Clerk's Filing Stamp
CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meetina
September 20, 2011
Summary for Ordinance Nos. 1160 1167.
1169-1181and 1183
Signature
x.. I use ,,,�..'
�ztsterxt Group 1juhlirafirritz, (�Jjxte_
The Only All Hispanic Owned Chain of Bilingual Newspapers
111 S. Avenue 59, Los Angeles, CA 90042-4211
Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age
of eighteen years, and not a party to or interested
in the above -entitled -matter. l am the principal
clerk of the printer of
EASTERN GROUP PUBLICATIONS'
EASTSIDE SUN, MEXICAN AMERICAN SUN,
NORTHEAST SUN, BELL GARDENS SUN,
VERNON SUN, COMMERCE COMET,
CITY TERRACE COMET, MONTEBELLO COMET,
MONTEREY PARK COMET,
E.L.A. BROOKLYN BELVEDERE COMET
AND WYVERNWOOD CHRONICLE,
newspapers of general circulation, printed
and published THURSDAYS in the County of
Los Angeles, and which newspaper has been
adjudicated a newspaper of general circulation by
the Superior Court of the County of Los Angeles,
State of California, under the
date of J U N E 21, 19669
CASE NUMBER 884861;
that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue
of said newspaper and not in any supplement
thereof on the following dates, to -wit:
SEPTEMBER 22,
all in the year 2011.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 22-rdday of SEPTEMBER, 2011.
i9nature
This space is for the County Clerk's Filing Stamp
CITY OF VERNON
Proof of Publication of
CITY OF VERNON CITY COUNCIL MEETING
SEPTEMBER 20, 2011
SUMMARY FOR ORDINANCE NOS.
CITY OF VERNON CITY COUNCIL MEETING
SEPTEMBER 20, 2011
SUMMARY FOR ORDINANCE NOS. 1160 - 1167, 1169 1181 AND 1183
A CERTIFIED: COPY OF THE FULL TEXT OF ADOPTED ORDINANCE
NOS. 1160 — 1167, 1169 — 1181 AND 1183 ARE AVAILABLE IN THE OFFICE OF
THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON,
CALIFORNIA.
Ordinance Nos. 1160 — 1167, 1169 — 1181 and 1183 were duly introduced at a regular
meeting of the City Council of the City of Vernon and approved and adopted by said
Council at a regular meeting held on September 20, 2011.
On September 20, 2011, the City Council of the City of Vernon adopted Ordinance Nos.
1160 —1167, 1169 — 1181 and 1183 amending certain provisions of the Vernon City
Code as follows:
Ordinance No. 1160 was adopted by the City Council of the City of Vernon amending
Sections 13.48 to 13.73 and adding Section 13.74 to Article IV, Hazardous Materials
Monitoring Program, of Chapter 13, Health and Sanitation, of the Vernon City Code as
follows:
1. To change the title of Article IV of Chapter 13 to Hazardous Materials
Monitoring and Control Program;
2. To update and clarify definitions and other provisions in accordance with State
hazardous material laws, regulations and regulatory options;
3. To renumber the following sections: Section 13.55 to 13.57, Section 13.57 to
13.55, Section 13.72 to 13.73 and Section 13.73 to 13.74; and
4. To add a section regarding unlawful,hazardous materials management.
Ordinance No. 1161 was adopted by the City Council of the City of Vernon adopting. by
reference the Department of Water Resources State Model Landscaping Ordinance,.
amending Sections 25.100, 25.101, 25.102, 25.103, 25.104, 25.105, 25.106(b), 25.107(a)
and adding Section 25.112 to Article VI, Water Conservation of Chapter 25, Water, of
the Vernon City Code as follows:
l . To meet the requirements of the Metropolitan Water District Model Efficient
Landscape Ordinance; and 1
2. To add a section regarding the Department of Water Resources State Model
Efficient Landscape Ordinance.
Ordinance No. 1162 was adopted by the City Council of the City of Vernon amending
Article XIV of Chapter 2 of the Vernon City Code relating to the recall of Members of
the City Council.
Ordinance No. 1163, an emergency Zoning Ordinance, was adopted by the City Council
of the City of Vernon prohibiting the establishment of marijuana dispensaries, stores, co-
ops, or marijuana cultivation operations in any zoning district within the City by
amending Sections 26.2.9 and 26.4.1-4, of the Vernon_City Code as follows:
1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation;
and
2. To prohibit the use in any Zone or Overlay Zone of the City.
Ordinance No. 1164, a zoning ordinance, was adopted by the City Council of the City of
Vernon prohibiting the establishment of marijuana dispensaries, stores, co-ops, or
marijuana cultivation operations in any zoning district within the City by amending
Sections 26.2.9 and 26.4.14, of the Vernon City Code as follows:
1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation;
and
2. To prohibit the use in any Zone or Overlay Zone of the City.
Ordinance No. 1165 was adopted by the City Council of the City of Vernon amending
Chapter 2 of the Code of the City of Vernon, relating to City Council elections to
implement campaign finance regulations.
Ordinance No. 1166 was adopted by the City Council of the City of Vernon temporarily
suspending acceptance.and review of non-exclusive solid waste franchise agreement
applications..
Ordinance No. 1167 was adopted by the City Council of the City of Vernon amending
Chapter 2 of the Code of the City of Vernon, relating to City Council elections and the
appointment of Council members in uncontested elections.
Ordinance No. 1169 was adopted by the City Council of the City of Vernon abolishing
the Police and Fire Commission.
Ordinance No. 1170 was adopted by the City Council of the City of Vernon repealing
Section 7.3 of the Vernon City Code authorizing the delegation of enforcement
responsibilities for certain provisions of the Fire Code and other Fire Safety Regulations.
Ordinance No. 1171 was adopted by the City Council of the City of Vernon adding
Section 13.88 to the Vernon City Code to establish fees and charges pursuant to the
aboveground petroleum storage act.
Ordinance No. 1172 was adopted by the City Council of the City of Vernon amending
Sections 2.34, 2.35, 2.36, 2.37 and 2.39 of Article V, Public Library, of Chapter 2,
Administration, of the Vernon City Code as follows:
Establishing a Board of Library Trustees; composition; appointment of members;
and
2. Appointing the Mayor as president and the Mayor pro tempore as president pro
tempore of the Board of Library Trustees.
Ordinance No. 1173 was adopted by the City Council of the City of Vernon amending
the Vernon City Code to authorize the Fire Chief to report directly to the City Council
and defining the term "reporting to the City Council."
Ordinance No: 1174 was adopted by the City Council of the City of Vernon amending
the Vernon City Code to clarify that the City Council appoints the purchasing agent.
Ordinance No. 1175 was adopted by the City Council of the City of Vernon establishing
a three-year restriction on cutting of newly paved or resurfaced streets and amending the
Vernon City Code regarding deposits, surety bonds and liability insurance for
encroachment permits and licenses.
Ordinance No. 1176 was adopted by the City Council of the City of Vernon amending
Chapter 24, building and construction, of the Code of the City of Vernon; adopting by
reference (1) the 2010 California Building Code; (2) the 2010 California Electrical Code,
and the 2006 edition of the ICC Electrical Code administrative provisions; (3) the 2010
California Mechanical Code; (4) the 201.0 California Plumbing Code; (5) the 2010
California Existing Building Code; (6) the 2009 International Existing Building Code; (7).
the 2010 California Residential Code; (8) the 2010 California Green Building Standards
Code; and (9) the 2010 California Energy Code, including amendments, additions and
deletions, and repealing all ordinances and parts of ordinances in conflict therewith.
Ordinance No. 1177 was adopted by the City Council of the City of Vernon amending
Chapter 7, fire regulation, of the Code of the City of Vernon; adopting by reference the
2010 California Fire Code including amendments, additions and deletions, and repealing
all ordinances and parts of ordinances in conflict therewith.
Ordinance No: 1178 was adopted by the City Council of the City of Vernon extending
the existing time limits for the effectiveness of and the receipt of tax increment for the
industrial redevelopment project.
Ordinance No. 1179 was adopted by the City Council of the City of Vernon eliminating
the existing time limits on incurring debt for the first amended industrial redevelopment
project.
Ordinance No. 1180 was adopted by the City Council of the City of Vernon amending
section 2.1 of the Vernon City Code relating to the time and place of City Council
meetings.
Ordinance No. 1181 was adopted by the City Council of the City of Vernon extending
the existing time limits for commencement of eminent domain proceedings to acquire
property within the industrial redevelopment project.
Ordinance No. 1183 was adopted by the City Council of the City of Vernon establishing
a Housing Commission pursuant to the provisions of the City Charter of the City of
Vernon and specifying the membership and duties of the Housing Commission.
Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that
Ordinance Nos. 1160 —1167, 1169 —1181 and 1183 were duly introduced and approved
by the City Council of the City of Vernon at a regular meeting and adopted and passed by
said Council at a regular meeting held on September 20, 2011 by the following roll call
vote:
AYES: COUNCILMEMBERS: Mayor Gonzales, Davis,
McCormick, Maisano, Newmire
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Dated: September.20, 2011 '
_ 1
1llard G. YaOUCi, C t Clerk
r,