SR-8-B (87)
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City Council Meeting 7-13-99
Santa MOnica, California
TO Mayor and City Council
FROM City Staff
SUBJECT Recommendation To Adopt An Emergency Ordinance Amending Santa
Monica MUnicipal Code Section 840 010 To Also Adopt The Uniform
Fire Code As The Fire Code Of The City of Santa MOnica For Those
OccupancIes Not Regulated By The Callforma FIre Code
INTRODUCTION
ThiS report recommends that the City CounCil adopt an emergency ordinance
amending Santa MOnica Municipal Code Section 8 40 010 which establishes the Fire
Code of the City of Santa MOnica
BACKGROUND
On June 8, 1999. as part of Its adoption of the California BUilding Standards Code, the
City CounCil adopted the California Fire Code with certain local amendments as the
Fire Code of the City In adopting the Fire Code, the City used speCifiC language
required by the Executive Director of the California BUilding Standards Commission
The BUilding Standards Commission must review and approve local ordinances
adopting the BUlldmg Standards Code ThiS language provided, In essence, that the
CIty adopted the CalifornIa FIre Code. 1998 EdItIon, whIch Incorporated by reference
the Uniform Fire Code, 1997 Edition
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Consistent with the Executive Director's direction and relevant provIsions of State law,
Jt was the City's mtent that the CJty's FJre Code apply to all occupancy classlfJcations
throughout the City However, the California State Fire Marshal's Office IS of the
opinion that the California Fire Code does not regulate all occupancy classifications,
but Instead, only regulates those claSSifications within the jUrisdiction of the Fire
Marshal's Office Under thiS Interpretation. the California Fire Code, as adopted by
the City, does not regulate retail, commercial, Industnal, hazardous, or office type
uses
It IS essential that the City c1anfy that the Fire Code of the City applies to all occupancy
claSSifications After further consultation With both the State BUlldmg Standards
Commission and the State Fire Marshal's Office, City staff has determined that the
most appropriate way to clarify the scope of the City Fire Code and to ensure that the
Fire Code applies to all classifications IS to amend the provIsions of the California Fire
Code to Include the reqUirements of the 1997 Edition of the Uniform Fire Code for
those occupancies not subject to the California Fire Code. after making the necessary
local fmdlngs The proposed ordinance presented to the City CouncIl effectuates thiS
approach
BUDGET/FINANCIAL IMPACT
None
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RECOMMENDATION
It IS recommended that the City Council adopt the emergency ordmance amendIng
Santa Monica MUnicipal Code Section 840 010 which establishes the Fire Code of
the City of Santa Monica
Prepared by
Jim Hone, Fire Marshal
Steve Locatl, AssIstant Fire Marshal
Tim McCormick, BUlldmg Officer
Barry Rosenbaum, Senior Land Use Attorney
Attachment A Proposed Ordinance
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ATTACHMENT A
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City CouncIl Meeting 7-13-99
Santa Momca, Callforma
ORDINANCE NUMBER1948 (eCS)
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 8 40 010 TO ALSO
ADOPT THE UNIFORM FIRE CODE AS THE FIRE CODE OF THE CITY OF
SANTA MONICA FOR THOSE OCCUPANCIES NOT REGULATED BY THE
CALIFORNIA FIRE CODE BASED ON LOCAL FINDINGS, DECLARING
THE PRESENCE OF AN EMERGENCY
WHEREAS, on June 8, 1999, as part of Its adoption of the California BUilding
Standards Code, the City Council adopted the California Fire Code with certain local
amendments as the Fire Code of the City, and
WHEREAS, Health and Safety Code Section 18938(b) provides that the provISions
of the California BUildings Standards Code, Including the California Fire Code, are
applJcable to all occupancIes In the State, and
WHEREAS, consistent wIth thiS State provISion, In adoptmg the California Fire
Code, the City Intended for thIS Code to apply to all occupancy classifications In the City,
and
WHEREAS, the California Fire Marshal's Office belIeves that the California Fire
Code only applies to those occupancy classifications Within the Junsdlctlon of the Fire
Marshal's Office, and
WHEREAS, the State Fire Marshal does not regulate retail, commercial, industrIal,
hazardous or office type uses, and
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WHEREAS, It IS essential that the City clanfy that the FIre Code of the City applies
to all occupancy claSSIficatIons In the CIty, and
WHEREAS, after consultation with the State BUlldmg Standards CommIssIon and
the State Fire Marshal, the CIty has determmed that the most expedient way to achIeve
thIS objective IS for the City to expressly amend the provIsions of the California FIre Code
to Include the requirements of the 1997 Edition of the Uniform Fire Code for those
occupancies not subject to the California Fire Code, and
WHEREAS, the City CounCil, pursuant to Health and Safety Code SectIons 17958 7
and 18941 5, finds that the topographical, climatic and geological conditions of the City are
conducive to the construction of bUildings not regulated by certain provISions of the
California BUilding Standards Code. speCifically California Code of Regulations, Title 24,
Part 9, known as the California Fire Code, and
WHEREAS, the City CounCil further finds that the limitation of the California Fire
Code to only those occupancies subject to the Junsdlctlon of the State Fire Marshal
prOVIdes an Inadequate level of public protectIon In matters offlre and panIC safety. and
WHEREAS, the City CounCil also finds that the modIfications to the California Fire
Code proposed by thiS ordmance are reasonably necessary based on the topographical,
cIlmatlc, and geological conditIons of the City,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS
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SECTION 1 Santa MOnica MUnicipal Code Sectlon 840.010 IS hereby amended
to read as follows
8.40.010. Adoption
The City of Santa MOnica adopts Title 24, Part 9 of the California Code of
Regulations, known as the California Fire Code, 1998 Edition The City amends the
prOVISIons of the California Fire Code to Include the requIrements of the Unrform FIre
Code of the International Fife Code Institute, 1997 Edition, for those occupancies not
subject to the California Fire Code, the local amendments of this Chapter, and Chapter
844 As adopted and amended herein. the California FIre Code becomes the Fire Code
of the City of Santa Monica
SECTION 2 This ordinance IS declared to be an urgency measure adopted
pursuant to the provIsion of Section 615 of the Santa MonIca City Charter As set forth
In the findings above, thiS ordinance IS necessary for preserving the public peace, health,
safety, and welfare
SECTION 3 Any provIsion of the Santa Monica Municipal Code or appendices
thereto Inconsistent with the provIsIons of thIS Ordinance, to the extent of such
mconslstencles and no further, 15 hereby repealed or modIfied to that extent necessary to
effect the provIsions of thiS Ordmance
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SECTION 4 If any section, subsection, sentence, clause, or phrase of thIs
Ordmance IS for any reason held to be invalid or unconstitutional by a decIsion of any court
of competent JUriSdiction, such decIsion shall not affect the validity of the remalnmg
portions of this Ordinance The City Cou nC11 hereby declares that It would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared Invalid or unconstitutional Without regard to whether any portion of the ordmance
would be subsequently declared mvahd or unconstitutional
SECTION 5 The Mayor shall sIgn and the City Clerk shall attest to the passage of
this Ordinance The City Clerk shall cause the same to be pubhshed once In the official
newspaperwlthm 15 days after ItS adoptIon This Ordinance shall become effective upon
ItS adoption
APPROVED AS TO FORM
r0~~huvtlw
MARSHA J~ES MOUTRIE
City Attorney
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Adopted and approved thIs 13th day of July l 1999
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1m ~'connor. Mayor
State of Cahforrua )
County of Los Angeles ) ss
CIty of Santa Moruca )
1. Mana M Stewart. Cny Clerk of the Cny of Santa MOllIca, do hereby certIfy that the
foregomg Ordmance No. 1948 (CCS) had Its mtroductIon and adoptIon on July 13. 1999.
by the followmg vote
Ayes
CouncIl members McKeown, Femstem. Bloom,
Rosenstem. Holbrook. Mayor Pro Tern Genser,
Mayor O'Connor
Noes
CouncIl members None
Abstam
CouncIl members None
Absent
CouncIl members None
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Mana M Stewart. Cltj:. Clerk