Diamond Bar City Council
August 1, 2023

7.1.b
Packet Pg. 372
HOA.103903238.11 231
Section Offense
5003.7.1 No smoking signs – hazardous materials
5004.11 Combustible materials clearance – hazardous
materials storage
5005.3.8 Combustible materials clearance – hazardous
materials use
5303.4 Markings – compressed gases
5303.5 Security – compressed gases
5701.6 Maintenance and operating practices –
flammable and combustible liquids
5704.2.3.1 "No smoking" sign
5704.3.3.4 Empty containers
6107.2 "No smoking" signs – LPG container
6107.3 Combustible material clearance LPG
container
8104 Auto wrecking yards – fire apparatus access
8201.2 Penalties for infractions.

Every violation determined to be an infraction is punishable by a fine not to exceed $100 for the first violation, $200 for the second, $500 for the third, and $500 for each additional violation of the same ordinance within one year. Each such violation is a separate offense for each and every day during any portion of which such violation is committed or allowed to continue. For the purposes of this section a forfeiture of bail shall be equivalent to a conviction.

7.1.b
Packet Pg. 373
HOA.103903238.11 232
SECTION 406. Chapter 83 is hereby added to read as follows:

CHAPTER 83 CONSOLIDATED FIRE PROTECTION DISTRICT OF

LOS ANGELES COUNTY FIRE CODE
8301 FIRE CODE ADOPTED
Title 32 (Fire Code) of the Los Angeles County Code is hereby adopted and incorporated herein by reference at this point as if set forth at length herein as the Fire Code for the Consolidated Fire Protection District of Los Angeles County (District).

A copy of Title 32 of the Los Angeles County Code has been filed in the Executive Office of the Board of Supervisors and shall be at all times maintained by the executive office for use and inspection by the public.
8302 AREAS REGULATED
The District finds and declares that this code does not occupy the whole area of any subject matter regulated or covered therein except where this code expressly states its intent to occupy the whole area of any subject matter regulated or covered therein.

Thus, in enacting this ordinance, it is not the intent of the District to preempt or otherwise nullify any other local ordinance containing different standards and protections.
8303 APPLICABILITY
Except as provided in California Health and Safety Code Section 13869.7, this code shall apply to, and be enforceable in, all areas, including cities and unincorporated areas, served by the District. All references in this code to the California Building Code, Residential Code, Mechanical Code, Plumbing Code, Green Building Standards Code, Fire Code, and Electrical Code shall mean the appropriate legally applicable code

7.1.b
Packet Pg. 374
HOA.103903238.11 233
adopted by each incorporated city that is a part of the District, or receives services from the District.

SECTION 407. Appendix B, Section B103.3 is hereby amended to read as follows:

B103.3 Areas without water supply systems.

For information regarding water supplies for fire-fighting purposes in rural and suburban areas in which adequate and reliable water supply systems do not exist, the fire code official is authorized to utilize NFPA 1142.This section shall only apply to buildings equipped with a fire sprinkler system. Parcels that are located outside the service boundary, above the existing pressure zone, or more than 2,000 linear feet (609.6 m) from an existing water main of a water purveyor may provide an on-site water supply, when approved by the fire code official. For one-family dwellings the water supply shall be in accordance with Table B103.3. For other than one-family dwellings, the water supply shall be in accordance with the NFPA 1142 or NFPA 13 water supply requirement, whichever is greater.

SECTION 408. Appendix B, Table B103.3 is hereby added to read as follows:

TABLE B103.3

TANK SIZES FOR ONE-FAMILY DWELLINGS

FIRE-FLOW CALCULATION AREA TANK SIZE
0–3,600 square feet 7,500 gal
3,601–5,999 square feet 10,000 gal
6,000 square feet and greater 12,500 gal

7.1.b
Packet Pg. 375
HOA.103903238.11 234
SECTION 409. Appendix B, Section B104.2 is hereby amended to read as follows:

B104.2 Area separation.

Portions of buildings that are separated by fire walls without openings, constructed in accordance with the California Building Code, are allowed to be considered as separate fire-flow calculation areas. Fire barriers or fire partitions cannot be used to create separate fire-flow calculation areas.

SECTION 410. Appendix B, Section B105.1 is hereby amended to read as follows:

B105.1 One- and two-family dwellings, Group R-3 and R-4 buildings and townhouses.

The minimum fire-flow and flow duration requirements for one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1(1) and B105.1(2).

Exception: The minimum fire-flow for one- and two-family dwellings, and Group R-3 buildings located in a fire hazard zone shall not be less than 1,250 gallons per minute (15 141.6 L/min) for a 1-hour duration at 20 psi (138 kPa).

SECTION 411. Appendix B, Table B105.2 is hereby amended to read as follows:

7.1.b
Packet Pg. 376
HOA.103903238.11 235
TABLE B105.2
REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWOFAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)
MINIMUM FIREFLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler system Value inTable
B105.1(2)
Duration in
Table B105.1(2)
Section 903.3.1.1 or Section
903.3.1.2 of the California Fire
Code
2550% of the value in
Table B105.1(2)a
Duration in Table B105.1(2)
at the reduced flow rate
Section 903.3.1.2 of the California
Fire Code
25% of the value in
Table B105.1(2)b
Duration in Table B105.1(2)
at the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire flow shall be not less than 1,0001,500 gallons per minute. b. The reduced fire flow shall be not less than 1,500 gallons per minute.Reserved.

SECTION 412. Appendix B, Section B105.4 is hereby added to read as follows:

B105.4 Mobilehome parks.

The required fire-flow for mobilehome parks shall be 1,250 gallons per minute (4731.765 L/min), for a duration of 1 hour and with public hydrant spacing of not more than 600 feet (182 880 mm) apart. For mobilehome parks located in the High or Very High Fire Hazard Severity Zones, the required fire flow shall instead be 2,000 gallons per minute (7570.824 L/min) for a duration of 1 hour. In either location, for recreational

7.1.b
Packet Pg. 377
HOA.103903238.11 236
buildings located within a mobilehome park, the fire-flow and duration shall be according to the fire-flow calculation area set forth in Table B105.1(2).

SECTION 413. Appendix B, Section B105.5 is hereby added to read as follows:

B105.5 Land subdivision projects.

For the subdivision of undeveloped land for other than single-family dwellings, due to the undetermined building size and type of construction, the required fire flow shall be 4,000 gallons per minute (15 141.6 L/min) for a duration of 4 hours with public hydrant spacing of 300 feet (91 440 mm). The required fire-flow for the subdivision of land consisting of lots having existing structures shall be in accordance with Table B105.1(2) for fire-flow and duration.

SECTION 414. Appendix C, Section C102 is hereby amended to read as follows:

C102 NUMBER OF FIRE HYDRANTSLOCATION
SECTION 415. Appendix C, Section C102.1 is hereby amended to read as follows:

C102.1 Minimum number of fire hydrants for a buildingFire hydrant locations.

The number of fire hydrants available to a building shall be not less than the minimum specified in Table C102.1Fire hydrants shall be provided at intersections and along required fire apparatus access roads and adjacent public streets.

7.1.b
Packet Pg. 378
HOA.103903238.11 237
SECTION 416. Appendix C, Table C102.1 is hereby deleted in entirety as follows:

TABLE C102.1
REQUIRED NUMBER AND SPACING OF FIRE HYDRANTSh

FIRE-FLOW

REQUIREMENT
(gpm)

MINIMUM
NUMBER
OF

HYDRANTS

AVERAGE

SPACING

BETWEEN
HYDRANTSa,b,c,f,g
(feet)

MAXIMUM DISTANCE FROM

ANY POINT ON STREET OR

ROAD FRONTAGE TO A
HYDRANTd,f,g
1,750 or less 1 500 250
1,751-2,250 2 450 225
2,251-2,750 3 450 225
2,751-3,250 3 400 225
3,251-4,000 4 350 210
4,001-5,000 5 300 180
5,001-5,500 6 300 180
5,501-6,000 6 250 150
6,001-7,000 7 250 150
7,001 or more 8 or moree 200 120
For SI: 1 foot = 304.8 mm, 1 gallon per minute = 3.785 L/m. a. Reduce by 100 feet for dead-end streets or roads.
b. Where streets are provided with median dividers that cannot be crossed by fire fighters pulling hose lines, or where arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000 vehicles per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating basis.

7.1.b
Packet Pg. 379
HOA.103903238.11 238
c. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards.
d. Reduce by 50 feet for dead-end streets or roads.
e. One hydrant for each 1,000 gallons per minute or fraction thereof. f. A 50-percent spacing increase shall be permitted where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 of the California Fire Code.
g. A 25-percent spacing increase shall be permitted where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.2 or 903.3.1.3 of the California Fire Code or Section 313 of the California Residential Code.
h. The fire code official is authorized to modify the location, number and distribution of fire hydrants based on site-specific constraints and hazards.

SECTION 417. Appendix C, Section C102.2 is hereby added to read as follows:

C102.2 Location on street.

Public hydrants shall be required on both sides of the street whenever streets are 64 feet (19 507 mm) or greater in width and containing four or more traffic lanes; or have raised median center dividers that make access to hydrants difficult, cause time delays, and/or create an undue hazard as determined by the fire code official.

7.1.b
Packet Pg. 380
HOA.103903238.11 239
SECTION 418. Appendix C, Section C103 is hereby amended to read as follows:

C103 FIRE HYDRANT SPACINGNUMBER OF HYDRANTS
C103.1 Hydrant spacingFire hydrants available.

Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3The minimum number of fire hydrants available to a building, complex or subdivision shall not be less than that determined by the spacing requirements in Sections C105 and C106 when applied to fire apparatus access roads and perimeter public streets from which fire operations could be conducted.

SECTION 419. Appendix C, Section C103.2 is hereby deleted as follows:

C103.2 Average spacing.

The average spacing between fire hydrants shall be in accordance with Table C102.1.

Exception: The average spacing shall be permitted to be increased by 10 percent where existing fire hydrants provide all or a portion of the required number of fire hydrants.

SECTION 420. Appendix C, Section C103.3 is hereby deleted as follows:

C103.3 Maximum spacing.

The maximum spacing between fire hydrants shall be in accordance with Table C102.1.

7.1.b
Packet Pg. 381
HOA.103903238.11 240
SECTION 421. Appendix C, Section C104.1 is hereby amended to read as follows:

C104.1 Existing fire hydrants.

Existing fire hydrants on public streets are allowed to be considered as available to meet the requirements of Sections C102 and C103. Existing fire hydrants on adjacent properties are allowed to be considered as available to meet the requirements of Sections C102 and C103 provided that a fire apparatus access roads extends between properties and that an easements isare established to prevent obstruction of such roads.

SECTION 422. Appendix C, Section C105 is hereby amended to read as follows:

C105 REFERENCED STANDARDDISTRIBUTION OF FIRE

HYDRANTS
SECTION 423. Appendix C, Section C105.1 is hereby amended to read as follows:

C105.1 GeneralHydrant spacing.

See Table C105.1 for standards that are referenced in various sections of this appendix. Standards are listed by the standard identification with the effective date, standard title, and the section or sections of this appendix that reference the standard.Fire hydrants shall be spaced in accordance with Sections C105.2 through C105.4.

7.1.b
Packet Pg. 382
HOA.103903238.11 241
SECTION 424. Appendix C, Table C105.1 is hereby deleted in entirety as follows:

TABLE C105.1

REFERENCED STANDARD

STANDARD

ACRONYM STANDARD NAME

SECTION
HEREIN

REFERENCED
CRC—22 California Residential Code Table C102.1
SECTION 425. Appendix C, Section C105.2 is hereby added to read as follows:

C105.2 One- and two-family dwellings, and Group R-3 buildings.

For one- and two-family dwellings, and Group R-3 buildings, fire hydrants shall be spaced no more than 600 feet (182.88 m) apart. For properties with more than one dwelling unit per acre, no portion of lot frontage should be more than 450 feet (137.16 m) away, via fire apparatus access, from a public hydrant. For properties less than one dwelling unit per acre, no portion of a fire apparatus access roadway shall be farther than 750 feet (228.6 m) away, via fire apparatus access, from a properly spaced public hydrant that meets the required fire-flow.

SECTION 426. Appendix C, Section C105.3 is hereby added to read as follows:

C105.3 Buildings other than one- and two-family dwellings, and Group R-3 buildings.

For all occupancies other than one- and two-family dwellings, and Group R-3 buildings, including commercial, industrial, multifamily dwellings, private schools, and

7.1.b
Packet Pg. 383
HOA.103903238.11 242
institutions, fire hydrant spacing shall be 300 feet (91.44 m). No portion of lot frontage shall be more than 200 feet (60.96 m), via fire apparatus access, from a public hydrant.

SECTION 427. Appendix C, Section C105.4 is hereby added to read as follows:

C105.4 Cul-de-sac hydrant location.

When cul-de-sac depth exceeds 450 feet (137.16 m) (residential) or 200 feet (60.96 m) (commercial), hydrants shall be required at mid-block. Additional hydrants will be required if hydrant spacing exceeds specified distances in Sections C105.2 and C105.3.

SECTION 428. Appendix C Section C106 is hereby added to read as follows:

C106 ON-SITE HYDRANTS
C106.1 Required on-site hydrants.

When any portion of a proposed structure exceeds the allowable distances from a public hydrant, via fire apparatus access, on-site hydrants shall be provided. The spacing distance between on-site hydrants shall be 300 to 400 feet (91 440 mm to 121 920 mm). All on-site fire hydrants shall have, at a minimum, a fire-flow of 1,250 gallons per minute (4732 L/min) at 20 psi (137.895 kPa) for a duration of 2 hours. If more than one on-site fire hydrant is required, the fire flow shall be the lesser of either the required fire flow for the building, or 2,500 gallons per minute (9463.53 L/min) at 20 psi (137.895 kPa) for a duration of 2 hours. All on-site hydrants shall be installed a minimum of 25 feet (7620 mm) from a structure or protected by a 2-hour firewall.

7.1.b
Packet Pg. 384
HOA.103903238.11 243
Exception: For fully sprinklered multifamily residential structures, on-site hydrants may be installed a minimum of 10 feet (3.05 m) from the structure.

SECTION 429. Appendix O, Section O101.2 is hereby amended to read as follows:

O101.2 Permits.

An place of assembly operational permit shall be required forto operate temporary amusement haunted houses, ghost walks, or similar amusement uses in accordance with Appendix O101.2.

SECTION 430. Appendix O, Section O101.2.1 is hereby amended to read as follows:

O101.2.1 Permit documents.

The permit applicationapplicant shall submit construction documents for approval which include, at a minimum, a dimensioned site plan and floor plan. . . .

SECTION 431. Appendix O, Section O101.3 is hereby added to read as follows:

O101.3 Jurisdictional building and planning department
approval.

Approval to operate a temporary amusement haunted house or similar use or to change the approved use of an existing building, or portion thereof, for temporary amusement haunted house or similar use shall be approved by the jurisdictional

7.1.b
Packet Pg. 385
HOA.103903238.11 244
building official and planning official prior to the Fire Department's final construction approval and issuance of an operational permit.

SECTION 432. Appendix O, Section O102.2 is hereby amended to read as follows:

O102.2 TEMPORARY AMUSEMENT HAUNTED HOUSE.

A temporary building or structure, or portion thereof, which contains a system that transports passengers or provides a walkway through a course so arranged that the means of egresses are not apparent due to theatrical distractions, not visible due to low illumination, are disguised or are not readily available due to the method of transportation through the building or structure. These are usually used during the Halloween season for amusement or entertainment purposes where decorative materials, props, visual effects, or audio effects are utilized to create theatrical environment. A temporary amusement haunted house may be deemed a special amusement area by the fire code official depending on the floor plan layout, lighting, or visual distractions used and the effects those elements have on identifying and accessing the means of egress in the event of a fire or an emergency.

SECTION 433. Appendix O, Section O102.3 is hereby amended to read as follows:

O102.3 GHOST WALKS.

Similar to temporary amusement haunted houses and may include both indoor and outdoor areas where the means of egresses are similarly not readily identifiableused for amusement or entertainment purposes.

7.1.b
Packet Pg. 386
HOA.103903238.11 245
SECTION 434. Appendix O, Section O102.4 is hereby added to read as follows:

O102.4 TEMPORARY.

Temporary shall mean amusement use of buildings or structures, or portion thereof, at one location for not more than 90 days within a one-year period.

SECTION 435. Appendix O, Section O102.5 is hereby added to read as follows:

O102.5 SPECIAL AMUSEMENT AREA.

A special amusement area is any temporary, permanent, or mobile building or portion thereof that is occupied for amusement, entertainment or educational purposes and is arranged in a manner that:

1. Makes the means of egress path not readily apparent due to visual and audio distractions, or

2. Intentionally confounds identification of the means of egress path, or

3. Otherwise makes the means of egress path not readily available because of the nature of the attraction or mode of conveyance through the special amusement area, building, structure or portion thereof.

7.1.b
Packet Pg. 387
HOA.103903238.11 246
SECTION 436. Appendix O, Section O103.1 is hereby amended to read as follows:

O103.1 Allowable structures.

Temporary amusement Hhaunted houses, ghost walks, and similar amusement uses which meet the definition of a Special Amusement Area shall only be located in structures that comply with the provisions for Special Amusement Areas in accordance with the California Building Code, and any applicable requirements in the County Code.

SECTION 437. Appendix O, Section O103.7 is hereby amended to read as follows:

O103.7 Fire protection.

Temporary amusement Hhaunted houses and, ghost walks, and similar amusement uses which meet the definition of a Special Amusement Area shall be provided with fire protection systems in accordance with Appendix O103.7. . . .

SECTION 438. Appendix O, Section O103.7.2 is hereby amended to read as follows:

O103.7.2 Fire detection systems.

An approved automatic fire detection system shall be provided in accordance with Section 907.2.12, as required for Special aAmusement buildingsAreas.

7.1.b
Packet Pg. 388
HOA.103903238.11 247
SECTION 439. Appendix O, Section O103.7.4 is hereby amended to read as follows:

O103.7.4 Emergency voice alarm.

Provide an emergency voice/alarm communication system in accordance with Section 907.2.12, as required for Special aAmusement buildingsAreas.

SECTION 440. Appendix O, Section O103.9 is hereby amended to read as follows:

O103.9 Decorative materials and interior finishes.

Interior wall, ceiling, and floor finishes shall be Class A rated in accordance with the California Building Code, and any applicable requirements in the County Code.

SECTION 441. Appendix O, Section O103.15 is hereby amended to read as follows:

O103.15 Maintenance.

Good housekeeping shall be maintained at all times throughout exhibit and exit pathways. The means of egress system shall not be obstructed during event operation.

SECTION 442. Appendix PP is hereby added to read as follows:

APPENDIX PP LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES
PP101 GENERAL
PP101.1 Scope.

This appendix defines Local Agency Very High Fire Hazard Severity Zones and provides the legal description of the geographic areas for the installation of fire sprinkler systems in occupancies as required by Section 903.2.11.7.

7.1.b
Packet Pg. 389
HOA.103903238.11 248
PP101.2 DEFINITIONS
See Chapter 49 for definitions.

PP102 LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY
ZONES
PP102.1 General.

Local Agency Very High Fire Hazard Severity Zones, as defined in Section 4902.1 of this code, are hereby designated in those areas as specified in Sections PP102.2 and PP102.3 of Appendix PP. Also see Chapter 49.

PP102.2 Designation of Local Agency Very High Fire Hazard Severity Zones (VHFHSZ) in incorporated cities of the Consolidated Fire Protection District of Los Angeles County.

The following incorporated cities are designated as being located wholly or in part in the Local Responsibility Area Very High Fire Hazard Severity Zone:

Agoura Hills, Azusa, Bradbury, Calabasas, Claremont, Covina, Diamond Bar, Duarte, Glendora, Hidden Hills, Irwindale, La Canada Flintridge, La Habra, La Mirada, Malibu, Palmdale, Palos Verdes Estates, Pomona, Rancho Palos Verdes, Rolling Hills, Rolling Hills Estates, San Dimas, Santa Clarita, Walnut, Westlake Village, and Whittier.

PP102.3 Designation of Local Agency Very High Fire Hazard Severity Zones (VHFHSZ) in unincorporated areas of Los Angeles County.

The following unincorporated areas located near the following jurisdictions are designated as being located wholly or in part in the Local Responsibility Area Fire Hazard Severity Zones: Angeles National Forest, City of Hidden Hills, parcels between the City of Agoura Hills and the City of Calabasas, Santa Monica Mountains, parcels

7.1.b
Packet Pg. 390
HOA.103903238.11 249
south of the City of Diamond Bar, parcels north of the City of Whittier, San Dimas, Covina, West Covina, parcels located east of the Cities of Covina and West Covina, Universal City, parcels west of Rolling Hills, Baldwin Hills, Catalina Island, Claremont, Claremont Island, Glendora, Azusa, La Habra Heights, Whittier, West Hills and Valley Boulevard, the Malibu–Santa Monica Mountains Area, and the San Gabriel Mountains Southface Area.

PP102.4 Parcel identification.

All map and parcel identification, fire hazard severity zone designation, and other information for those areas as specified in Sections PP102.2 and PP102.3 shall be accessible to property owners and the public at the Fire Department's fire prevention engineering unit offices or at the Forestry Division's fuel modification unit office.

PP102.5 Periodic review.

The fire code official shall periodically review the areas in the Consolidated Fire Protection District of Los Angeles County identified as Fire Hazard Severity Zones pursuant to this section, and as necessary, make recommendations to revise the Fire Hazard Severity Zones. See California Government Code Sections 51175 through 51189.

PP103 SAN GABRIEL MOUNTAINS SOUTHFACE AREA AND
MALIBU–SANTA MONICA MOUNTAINS AREA
PP103.1 General.

The San Gabriel Mountains Southface Area and the Malibu–Santa Monica Mountains Area are hereby designated in those areas as specified in Sections PP103.2 and PP103.3 of Appendix PP. Also see Section 903.2.11.7.

7.1.b
Packet Pg. 391
HOA.103903238.11 250
PP103.2 Malibu–Santa Monica Mountains Area.

Beginning at a point where the Los Angeles County–Ventura County boundary line meets the Pacific Ocean mean high tide line. This being the true point of beginning.

Thence, northeasterly along said Los Angeles County boundary line and all its various courses to the City of Los Angeles boundary line along the southerly line of Section 9, Township 1 North, Range 17 West, San Bernardino Base Meridian. Thence, southeasterly along said city boundary and all its various courses to the Pacific Ocean mean high tide line. Thence, westerly along said mean high tide line and all its various courses to the point of the beginning.

PP103.3 San Gabriel Mountains Southface Area.

Beginning at a point where Interstate 5 Freeway and Latitude 34 degrees, 21 minutes (Northern Hemisphere) intersect. This being the true point of beginning.

Thence, east along said Latitude of 34 degrees, 21 minutes to the Los Angeles County– San Bernardino County boundary line. Thence, south along the Los Angeles County Boundary to State Highway 30 (Baseline Road). Thence, west on State Highway 30 to Interstate Freeway 210, along Interstate 210 Freeway to the Interstate 5 Freeway.

Thence, north on said Interstate 5 Freeway to the point of beginning.

SECTION 443. Appendix QQ is hereby added to read as follows:

APPENDIX QQ LOS ANGELES COUNTY (LAC) FIRE-CODE FEE

SCHEDULE
QQ101 GENERAL
Unless otherwise expressly stated herein, or stipulated otherwise in other applicable laws, fees for the services to be rendered by the Los Angeles County Fire

7.1.b
Packet Pg. 392
HOA.103903238.11 251
Department (“Department”), as reflected in the descriptions and tables of this fee schedule, shall be payable to the Consolidated Fire Protection District of Los Angeles County (“District”), sometimes referred to as the Department (the administering agency of the District).

QQ101.1 Annual review of fees.

Fees in this schedule shall be reviewed annually by the Department. The amount of each fee shall be adjusted as follows: calculate the hourly rate for all positions included in the fee calculations based on the Los Angeles County Board of Supervisors–approved salaries and employee benefits, and Los Angeles County Auditor-Controller–approved overhead rates. The adjusted fee shall be rounded to the nearest dollar; however, no fee shall exceed the cost of providing the service for which the fee is collected.

QQ102 DEFINITIONS
The following words and terms are defined for the purpose of this fee schedule.

Where words or terms are not defined herein, their meaning shall be in accordance with the Fire Code, Title 32, of the Los Angeles County Code, or other title of the Los Angeles County Code as most appropriate.

DEFENSIBLE SPACE (D-SPACE) INSPECTION. Inspection required by the State of California and local ordinance for provision of brush clearance as described in Sections 325, 327, and 4907 of Title 32 (Fire Code) of the Los Angeles County Code.

FINAL MAP. Term used by the jurisdictional planning agency to refer to the version of a subdivision map that, after receiving all necessary approvals from all

7.1.b
Packet Pg. 393
HOA.103903238.11 252
necessary entities, may be filed in the office of the county recorder. Generally, the “final map” review process is preceded by a “tentative map” review process, but in certain cases laws may allow a “parcel map” to be considered the final map.

FIRE PROTECTION PLAN. A document prepared, per Chapter 49, for a specific project or development proposed for a Wildland-Urban Interface (WUI) Fire Area.

It describes ways to minimize and mitigate potential for loss from wildfire exposure. The fire code official is authorized to require a preliminary fire protection plan prior to the submission of a final fire protection plan.

PRELIMINARY FIRE PROTECTION PLAN. See Chapter 49, Section 4903.

FINAL FIRE PROTECTION PLAN. See Chapter 49, Section 4903.

FUEL MODIFICATION. See Chapter 49, including Section 4902 (Definitions), and Section 4906 (Vegetation Management).

LACC. Los Angeles County Code.

LAND DEVELOPMENT UNIT (LDU). A unit of the Department Fire Prevention Division, the duties of which normally include determination of Fire Department conditions pertaining to water and access on applications for subdivisions, entitlements and discretionary permits within the jurisdiction of the District.

LOT. The terms "lot" and “parcel” shall be used synonymously.

PARCEL. The terms "parcel" and “lot” shall be used synonymously.

PARCEL MAP. A map for subdivisions, per California Government Code, Section 66426, and any other applicable laws. Generally, this term is used to

7.1.b
Packet Pg. 394
HOA.103903238.11 253
refer to application maps for subdivisions that result in no more than 4 lots. See “FINAL MAP.”
PUBLIC ROAD EASEMENT VACATION. Also referred to as a “street vacation.” The complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. See California Streets and Highway Code, Division 9, Part 3, for more details.

SUBDIVISION. See definition in the California Subdivision Map Act (Government Code Section 66424).

TENTATIVE MAP. Term referring to a map made for the purpose of showing the design and improvement of a proposed subdivision, and the existing conditions in and around it, for review during an early stage of the subdivision application process. It need not be based upon an accurate or detailed final survey of the property. See “FINAL MAP” and “PARCEL MAP.” TRACT MAP. Descriptor of maps used to distinguish subdivisions resulting in 5 or more lots.

QQ103 FORESTRY DIVISION SERVICE FEES.

QQ103.1 Oak tree review fees.

QQ103.1.1 Initial survey.

Upon receiving request for an oak tree environmental review, the site will be surveyed by the County Forester to determine the number of trees requiring review.

The fee assessment will be based on that number.

7.1.b
Packet Pg. 395
HOA.103903238.11 254
TABLE QQ103.1(1)

OAK TREE PLAN REVIEW

NUMBER OF TREES FEE
1 1–15 $900.00
2 16–50 $1,000.00
3 51–100 $1,800.00
4 101–200 $2,799.00
5 201–400 $4,799.00
6 ≥401 $7,998.00
TABLE QQ103.1(2)

OAK TREE INSPECTION

SERVICE FEE
1 Inspection $376.00
QQ103.2 Fuel-modification fees.

TABLE QQ103.2
FUEL MODIFICATION PLAN — REVIEW AND INSPECTION
CONSTRUCTION APPLICATIONS — Description FEEa

1.) Barns, garages, accessory structures $624.00

2.) New residential, commercial, or industrial structures:
a.) < 2,500 sq. ft. in total area $723.00
b.) ≥ 2,500 sq. ft. in total area $845.00

3.) Additions/modifications to existing residential, commercial, or industrial structures which increase the square footage or footprint of the structure by 50 percent or more and for which the addition/modification is:
a.) < 2,500 sq. ft. in total area $723.00
b.) ≥ 2,500 sq. ft. in total area $845.00

4.) Change of occupancy:

7.1.b
Packet Pg. 396
HOA.103903238.11 255
a.) ≤ 2,500 sq. ft. $723.00
b.) > 2,500 sq. ft. $845.00

5.) Tracts only, where the residential structures are proposed to be built by the same individual or entity: New residential structure ≥ 2,500 sq. ft. in total area, within currently developing tracts of 25 or more lots
$732.00
SUBDIVISION MAPS REVIEW PROCESS — Description FEEa

6.) Subdivision where proposal would result in 4 or fewer lots a.) Fire protection plan review $162.00

7.) Subdivision where proposal would result in 5 or more lots a.) Preliminary fire protection plan review $1,133.00
b.) Final fire protection plan review — includes lots 5–20 $1,230.00 c.) Final fire protection plan review — each additional 10 lots, or portion
thereof, over 20
$752.00
a
.

Per review and inspection.

QQ103.3 Defensible (D-Space) inspection fees.

TABLE QQ103.3

DEFENSIBLE-SPACE (D-SPACE) INSPECTION
SUBJECT OF REVIEW / SERVICE REQUESTED FEEa

1.) Initial Inspection (Fee to be phased in as described by year, below) a.) 2022 $50.00
b.) 2023 $100.00
c.) 2024 $151.00

2.) Noncompliance at Second Inspection
Abatement Enforcement Administrative Fee $908.00
a. Per parcel.

7.1.b
Packet Pg. 397
HOA.103903238.11 256
QQ104 FIRE PREVENTION DIVISION FEES
QQ104.1 Land Development Unit (LDU) fees.

TABLE QQ104.1(1)
LDU SUBDIVISION REVIEWS OF "TENTATIVE MAPS"

SUBJECT OF REVIEW / SERVICE REQUESTED FEE
A.) MINOR LAND DIVISIONS (Sometimes referred to as "Parcel Map" Reviews) A1.) Initial Review (Each fee charge purchases 3 reviews) a.) Initial submittal $1,289.00
A2.) Additional Reviews/Revisions (Each fee charge purchases 1 review) a.) Submittal of a revision (i.e., "revised map" is required) to a map that has not yet received approval by the advisory
agency of the county or the city (or if there is no advisory agency, then by the legislative body thereof). ("REVISION") $372.00
b.) Submittal of a revision (i.e., "revised map" is required) of the conditions of approval for a map that had already received approval by the advisory agency of the county or the city (or if there is no advisory agency, then by the legislative body thereof). ("REVISED")
$725.00
c.) Submittal of a less-than-significant revision to a map (i.e., a "revised map" is not required). ("AMENDMENT") $442.00
B.) MAJOR LAND DIVISIONS (Sometimes referred to as "Tract Map" Reviews) B1.) Initial Review (Each fee charge purchases 3 reviews) a.) Lots 1–10 (i.e., single flat fee covers up to 10 lots) $2,983.00 b.) Each additional lot between 11–50 $23.00
c.) Each additional lot between 51–100 $17.00
d.) Each additional lot between 101–1,000 $13.00
e.) Each additional lot 1,001 or greater $7.00
B2.) Additional Reviews/Revisions (Each fee charge purchases 1 review) a.) Submittal of a revision (i.e., "revised map" is required) to a map that has not yet received approval by the advisory
agency of the county or the city (or if there is no advisory agency, then by the legislative body thereof). ("REVISION") $442.00
b.) Submittal of a revision (i.e., "revised map" is required) of the conditions of approval for a map that had already received approval by the advisory agency of the county or the city (or if there is no advisory agency, then by the legislative body thereof). ("REVISED")
$1,431.00

7.1.b
Packet Pg. 398
HOA.103903238.11 257
LDU SUBDIVISION REVIEWS OF "TENTATIVE MAPS"

SUBJECT OF REVIEW / SERVICE REQUESTED FEE
c.) Submittal of a less-than-significant revision to a map (i.e., a "revised map" is not required). ("AMENDMENT") $725.00
TABLE QQ104.1(2)
LDU SUBDIVISION REVIEWS OF "FINAL MAPS"a

SUBJECT OF REVIEW / SERVICE REQUESTED FEE

1.) Initial Review (Each fee charge purchases 3 reviews) a.) Each map consisting of 1-5 lots. $725.00
b.) Each map consisting of 6–10 lots. $795.00
c.) Each map consisting of 11–25 lots. $936.00
d.) Each map consisting of 26–50 lots. $1,078.00
e.) Each map consisting of 51 or more lots. $1,289.00

2.) Additional Reviews (Each fee charge purchases 1 review) a.) Supplemental review (i.e., when a final map is submitted more than three times). $231.00

3.) Verification (Each fee charge purchases 1 review)
a.) Verification that the final map complies with the applicable ordinances, conditions, and other requirements. $301.00 a. Regarding application of Table QQ104.1(1) and Table QQ104.1(2): In cases where laws and agencies allow a one-step review process (i.e., a "parcel map" review where no "tentative map" review is necessary), the Fire Department shall be authorized to assess the applicable service fee(s) that most appropriately reflect the service(s) being provided, whether from Table QQ104.1(1) or Table QQ104.1(2).

7.1.b
Packet Pg. 399
HOA.103903238.11 258
TABLE QQ104.1(3)

LDU MISCELLANEOUS FEES

SUBJECT OF REVIEW / SERVICE REQUESTED FEE
1 Coastal Development Permit (CDP) $442.00
2 Conditional Use Permit (CUP) $442.00
3 Conditional Use Permit (CUP) — revised $259.00
4 Discretionary-permit review, including, but not limited to:
design review, design overlay review (DOR), development permit application review, "Exhibit 'A'" review, planned urban development (PUD) review, and preliminary review
$301.00
5 "Exhibit ‘A’" — revised $301.00
6 Grading plan review – fire lanes and private driveways $301.00 7 Lot-line adjustment(s), and/or lot merger(s) $301.00
8 Mobilehome park or special occupancy park $442.00
9 "One Stop " advisory counseling/review $176.00
10 Vacation of public road easement $301.00
11 Waiver request $329.00
12 Water appeals board $160.00
13 Water/Hydrant (public) plans and systems $301.00
14 Each additional hydrant over 10 $35.00
15 Zone change $301.00
QQ104.2 Operational permit fees.

TABLE QQ104.2

OPERATIONAL PERMIT FEES
PROPOSED ACTIVITY FEEa
1 Activities in Wildfire Risk Areas $390.00
2 Additive Manufacturing $390.00
3 Aerosol Products $390.00
4 Amusement Buildings $390.00
5 Automobile Wrecking Yard $390.00

7.1.b
Packet Pg. 400
HOA.103903238.11 259

OPERATIONAL PERMIT FEES
PROPOSED ACTIVITY FEEa
6 Aviation Facility $390.00
7 Bonfire $390.00
8 Carbon Dioxide Systems used in Beverage Dispensing
Applications $390.00
9 Carbon Dioxide Enrichment Systems $390.00
10 Carnivals and Fairs $390.00
11 Cellulose Nitrate Film $390.00
12 Combustible-Dust Producing Operations $390.00
13 Combustible Fibers $390.00
14 Commercial Rubbish-Handling Operation $390.00
15 Compressed Gases $390.00
16 Covered and Open Mall Buildings $390.00
17 Cryogenic Fluids $390.00
18 Cutting and Welding Permit $390.00
19 Dry Cleaning Plants $390.00
20 Energy Storage Systems $390.00
21 Exhibits and Trade Shows $390.00
22 Explosives $390.00
23 Fire Hydrants and Valves $390.00
24 Fireworks Display $390.00
25 Flammable or Combustible Liquids $390.00
26 Floor Finishing $390.00
27 Fruit and Crop Ripening $390.00
28 Fumigation and Insecticidal Fogging $390.00
29 Hazardous Production Materials (HPM) Facilities $390.00 30 Hazardous Materials $390.00
31 Helicopter Landing Facility $390.00
32 High-Piled Combustible Storage $390.00
33 Hot Work Operations $390.00
34 Industrial Ovens $390.00
35 Liquid- or Gas-Fueled Vehicles or Equipment in Assembly Buildings $390.00
36 Lithium Batteries $390.00
37 LP Gas $390.00
38 Lumber Yards and Woodworking Plants $390.00
39 Magnesium $390.00

7.1.b
Packet Pg. 401
HOA.103903238.11 260

OPERATIONAL PERMIT FEES
PROPOSED ACTIVITY FEEa
40 Mass-Gathering Event, 5000 or More People $780.00
41 Miscellaneous Combustible Storage $390.00
42 Mobile Fueling of Hydrogen-Fueled Vehicles $390.00
43 Model Rockets $390.00
44 Motor Fuel-Dispensing Facilities $390.00
45 Oil and/or Natural Gas Wells $390.00
46 Open Burning $390.00
47 Open Flames and Candles $390.00
48 Open Flames and Torches $390.00
49 Organic Coatings $390.00
50 Outdoor Assembly Event $390.00
51 Pallet Yard $390.00
52 Parade Float $390.00
53 Places of Assembly $390.00
54 Plant Extraction Systems $390.00
55 Privately Contracted Private Fire Prevention Resource $390.00 56 Private Fire Hydrants $390.00
57 Pyrotechnic Special Effects Material $390.00
58 Pyroxylin Plastics $390.00
59 Radioactive Materials $390.00
60 Recreational Fire $390.00
61 Refrigeration Equipment $390.00
62 Repair Garages and Motor Fuel-Dispensing Facilities $390.00 63 Rooftop Helicopter Facility $390.00
64 Rifle Range $390.00
65 Special Events $390.00
66 Spraying or Dipping $390.00
67 Storage of Scrap Tires and Tire By-Products $390.00
68 Temporary Sales Lots $390.00
69 Temporary Membrane Structures and Tents $390.00
70 Tire-Rebuilding Plants $390.00
71 Tire Storage $390.00
72 Waste Handling $390.00
73 Wood Products $390.00
a. Per permit.

7.1.b
Packet Pg. 402
HOA.103903238.11 261
QQ104.2.1 Film and production permit fees.

TABLE QQ104.2.1

FILM AND PRODUCTION PERMIT FEES
PERMIT TYPE FEEa
1 Pyrotechnics and Special Effects $458.00
1a.) Permit-revision fee $115.00
2 Filming $451.00
2a.) Permit-revision fee $113.00
3 Fuel-Dispensing Trucks and Vehicles $492.00
3a.) Permit-revision fee $123.00
4 Commercial Still Photography $452.00
4a.) Permit-revision fee $113.00
a. Per permit.

QQ104.3 Plan review fees.

TABLE QQ104.3(1)

BUILDING PLAN REVIEW
TYPE OF REVIEW FEEa
1 Dwelling, one- and two-family $565.00
2 Multifamily residence $776.00
3 Photovoltaic residential $776.00
4 Photovoltaic commercial $776.00
5 Commercial (B, F, S, M) $776.00
6 Assembly occupancy $706.00
7 Educational/institutional occupancy $1,059.00
8 Hazardous occupancy $918.00
9 High-rise buildings over 75 feet in height $1,694.00

7.1.b
Packet Pg. 403
HOA.103903238.11 262

BUILDING PLAN REVIEW
TYPE OF REVIEW FEEa
10 Smoke-control rational analysis $1,412.00
11 High-piled combustible storage $565.00
12 Site plan review — water and access $565.00
13 Hazardous materials review (1–50 chemicals) $776.00
14 Hazardous materials review (> 50 chemicals) $1,271.00 a. Per plan review.

TABLE QQ104.3(2)

FIRE SPRINKLER PLAN REVIEW
TYPE OF REVIEW FEEa
1 NFPA 13D fire sprinkler systemb: one- or two-family dwelling $565.00 2 NFPA 13R fire sprinkler systemb: multifamily dwellings $706.00 3 NFPA 13 fire sprinkler systemb:
a. ≤ 100 heads per system $565.00
b. > 100 heads per system $847.00
4 Tenant Improvements to NFPA 13 fire sprinkler systemb:
a. ≤ 20 heads with/without calculation $282.00
b. > 20 heads and ≤ 100 heads with/without calculation $424.00 c. >100 heads with/without calculation $706.00
5 Underground fire protection systemb:
a. Single hydrant or single riser connection $353.00
b. ≥ 2 connections for hydrants and/or risers $565.00
6 Standpipe systemb (Class I, II, & III) $565.00
7 Water storage tank $565.00
8 Special hazard fire extinguishing foam water spray nozzle systemb $565.00
9 Fire pump $706.00
a. Per plan review.

7.1.b
Packet Pg. 404
HOA.103903238.11 263

FIRE SPRINKLER PLAN REVIEW
TYPE OF REVIEW FEEa
b. See NFPA 13 (2022 edition), A.3.3.216 Sprinkler System, for explanation of separate systems.

TABLE QQ104.3(3)

FIRE ALARM PLAN REVIEW
TYPE OF REVIEW FEEa
1 Emergency responder communication coverage (ERCC) $1,129.00 2 Two-way communication system $565.00
3 Fire alarm system:
a. ≤ 10 devices and/or fire sprinkler monitoring system $282.00 b. 11–50 devices $494.00
c. 51–90 devices $706.00
d. 91–130 devices $847.00
e. > 130 devices $1,366.00
4 Special extinguishing systems: CO2, foam, clean agent $424.00 5 Gas detection system $424.00
a. Per plan review.

TABLE QQ104.3(4)

MISCELLANEOUS PLAN REVIEW
TYPE OF REVIEW FEEa
1 Alternative materials, design and methods of construction and equipment $553.00
2 Additional plan review after initial review and one resubmittal (per hour) $141.00
3 Expedited review (each two hours + initial fee) $282.00 4 Pre-submittal meeting (initial two-hours) $282.00

7.1.b
Packet Pg. 405
HOA.103903238.11 264

MISCELLANEOUS PLAN REVIEW
TYPE OF REVIEW FEEa
5 Plan review time (per hour) for modifications, re-stamp (minimum 1-hour) $141.00
6 Petroleum / Chemical Unit plan review $390.00
7 Aboveground propane/butane tank installation (125–499 gallons) $565.00
8 Tank installation or removal $390.00
9 Commercial kitchen hood systems (UL-300) $293.00
10 Paint spray booth $293.00
11 Medical gas storage system $390.00
12 Energy storage system $565.00
13 Energy storage system, Group R-3 and R-4 $195.00
14 Fuel cell power system $424.00
a. Per plan review.

QQ104.4 Field inspection fees.

TABLE QQ104.4(1)

NEW CONSTRUCTION FIELD INSPECTION
TYPE OF INSPECTION FEEa
1 Dwelling, one- and two-family $390.00
2 Multifamily residence $390.00
3 Photovoltaic residential $293.00
4 Photovoltaic commercial $780.00
5 Commercial (B, F, S, M) $585.00
6 Assembly occupancy $585.00
7 Educational/institutional occupancy $390.00
8 Hazardous occupancy $488.00
9 High-rise buildings over 75 feet in height $780.00
10 Smoke-control acceptance test $1,951.00
11 High-piled combustible storage $1,171.00

7.1.b
Packet Pg. 406
HOA.103903238.11 265

NEW CONSTRUCTION FIELD INSPECTION
TYPE OF INSPECTION FEEa
12 Petroleum / Chemical Unit inspection $390.00
13 Aboveground propane/butane tank installation (125–499 gallons) $195.00
14 Tank installation or removal $488.00
15 Tenant improvements projects not otherwise identified $390.00 a. Per inspection.

7.1.b
Packet Pg. 407
HOA.103903238.11 266
TABLE QQ104.4(2)

FIRE SPRINKLER FIELD INSPECTION
TYPE OF INSPECTION FEEa
1 NFPA 13D fire sprinkler systemb:
a. One- or two-family dwelling $390.00
b. Tract model one- or two-family dwelling $390.00
c. Tract non-model one- or two-family dwelling $390.00
2 NFPA 13R fire sprinkler systemb: multifamily dwellings $780.00 3 NFPA 13 fire sprinkler systemb:
a. ≤ 100 heads per system $780.00
b. > 100 heads per system $976.00
4 Tenant Improvements to NFPA 13 fire sprinkler systemb:
a. ≤ 20 heads $390.00
b. > 20 heads and ≤ 100 heads $585.00
c. > 100 heads $683.00
5 5-year sprinkler recertification $390.00
6 Underground fire protection systemb:
a. 1–4 connections for hydrants and/or risers $390.00
b. ≥ 5 connections for hydrants and/or risers $780.00
7 Fire-flow test witness/perform $282.00
8 Water storage tank $195.00
9 Fire pump acceptance test $673.00
a. Per inspection.
b. See NFPA 13 (2022 edition), A.3.3.216 Sprinkler System, for explanation of separate systems.

7.1.b
Packet Pg. 408
HOA.103903238.11 267
TABLE QQ104.4(3)

FIRE ALARM FIELD INSPECTION
TYPE OF INSPECTION FEEa
1 Fire alarm system:
a. ≤ 10 devices and/or fire sprinkler monitoring system $390.00 b. 11–50 devices $585.00
c. 51–90 devices $683.00
d. 91–130 devices $780.00
e. > 130 devices $988.00
a. Per inspection.

TABLE QQ104.4(4)

SPECIAL SYSTEMS FIELD INSPECTION
TYPE OF INSPECTION FEEa
1 Emergency responder communication coverage (ERCC) $1,561.00 2 Two-way communication system $195.00
3 Commercial kitchen hood systems $390.00
4 Special extinguishing systems: CO2, foam, clean agent $390.00 5 Gas detection system $390.00
6 Medical gas storage system $195.00
7 Energy storage system $390.00
a. Per inspection.

TABLE QQ104.4(5)

FIRE SAFETY FIELD INSPECTION
TYPE OF INSPECTION FEEa

7.1.b
Packet Pg. 409
HOA.103903238.11 268

FIRE SAFETY FIELD INSPECTION
TYPE OF INSPECTION FEEa
1 State of California Form 850 - Fire Safety Inspection Request $390.00 a. Per inspection.

7.1.b
Packet Pg. 410
HOA.103903238.11 269
TABLE QQ104.4(6)

MISCELLANEOUS FIELD INSPECTION

TYPE OF INSPECTION FEE
1 Statement-of-intended-use review and inspection (Form 30) $195.00 2 Additional inspections after initial inspection and one reinspection $98.00
3 Special / priority inspection (including after-hour, additional technical assistance, and others deemed necessary by the fire code official) — charged per hour
Current
hourly fire
safety
officer
(FSO) rate
QQ104.5 Annual inspection fees.

TABLE QQ104.5

ANNUAL FIRE PREVENTION INSPECTION
TYPE OF INSPECTION FEEa
A.) Manufacturing
1 25,000 – 50,000 Square Feet $488.00
2 50,001 – 100,000 Square Feet $585.00
3 100,001 – 250,000 Square Feet $780.00
4 >250,000 Square Feet $1,171.00
B.) Warehousing
1 60,001 – 100,000 Square Feet $585.00
2 100,001 – 150,000 Square Feet $780.00
3 150,001 – 200,000 Square Feet $976.00
4 200,001 – 250,000 Square Feet $1,171.00
5 250,001 – 500,000 Square Feet $1,366.00
6 >500,000 Square Feet $1,561.00
C.) Assembly
1 < 12,500 Square Feet $390.00
2 12,501 – 25,000 Square Feet $488.00
3 25,001 – 50,000 Square Feet $585.00

7.1.b
Packet Pg. 411
HOA.103903238.11 270

ANNUAL FIRE PREVENTION INSPECTION
TYPE OF INSPECTION FEEa
4 50,001 – 75,000 Square Feet $683.00
5 >75,000 Square Feet $780.00
D.) High Rise
1 7-10 Stories in Height $780.00
2 11-15 Stories in Height $976.00
3 16- 20 Stories in Height $1,171.00
4 >20 Stories in Height $1,366.00
E.) Petroleum / Chemical Unit Occupancies
1 ≤ 25,000 Square Feet $390.00
2 25,001 – 50,000 Square Feet $585.00
3 50,001 – 75,000 Square Feet $780.00
4 75,001 – 100,000 Square Feet $976.00
5 >100,000 Square Feet $1,171.00
F.) Elementary / Middle / High Schools
1 < 200 Students $390.00
2 201 – 400 Students $585.00
3 401 – 700 Students $780.00
4 701 – 1,000 Students $976.00
5 1,001 – 1,500 Students $1,171.00
6 1,501 – 2,500 Students $1,366.00
7 >2,500 Students $1,561.00
G.) Private Colleges
1 < 500 Students $780.00
2 501 – 1,000 Students $1,171.00
3 1,001 – 1,500 Students $1,561.00
4 1,501 – 2,000 Students $1,951.00
5 2,001 – 3,000 Students $2,341.00
6 >3,000 Students $3,122.00
H.) Jails
1 < 2,500 Square Feet $390.00
2 2,501 – 5,000 Square Feet $585.00
3 5,001 – 10,000 Square Feet $780.00
4 10,001 – 50,000 Square Feet $1,171.00
5 >50,000 Square Feet $1,561.00
I.) Hospitals, 24-hour clinics, in-patient care and transitional care facilities 1 < 5,000 Square Feet $585.00
2 5,001 – 10,000 Square Feet $780.00

7.1.b
Packet Pg. 412
HOA.103903238.11 271

ANNUAL FIRE PREVENTION INSPECTION
TYPE OF INSPECTION FEEa
3 10,001 – 20,000 Square Feet $976.00
4 20,001 – 50,000 Square Feet $1,171.00
5 50,001 – 100,000 Square Feet $1,561.00
6 >100,000 Square Feet $2,341.00
7 R-3 Large Family Day Care $390.00
a. Per inspection.

SECTION 444. Appendix RR is hereby added to read as follows:

APPENDIX RR RIFLE RANGE
RR101 GENERAL
RR101.1 Scope.

Rifle ranges shall comply with the basic fire- and life-safety requirements in this appendix.

RR101.2 Permits.

A permit from the fire code official is required to establish, maintain, or operate a rifle range. Applications for permits shall be referred to the chief law enforcement officer for approval. Permits shall be required as set forth in Sections 105.5 and 105.6.

RR102 DEFINITIONS
RIFLE RANGE. Any indoor or outdoor firing, shooting, or target range established, maintained, or operated for the discharge of a rifle, pistol, revolver, shotgun, or firearm.

RR103 RANGE OFFICER
RR103.1 Supervision.

7.1.b
Packet Pg. 413
HOA.103903238.11 272
Rifle ranges shall not be operated or maintained without the supervision of a qualified range officer.

RR103.2 Qualifications.

To qualify as a range officer, individuals shall demonstrate to the fire code official and chief law enforcement officer their knowledge of firearms and ammunition, including the general rules of safety and the provisions of this code relative thereto. Individuals shall possess a valid certificate stating he or she is a qualified range officer.

RR104 AMMUNITION
RR104.1 Inspection and disposal.

Ammunition shall be inspected and approved by the range officer before permission to fire or discharge the same is granted. Ammunition that will not fire or discharge or which is otherwise defective shall be surrendered to the range officer for safe disposal.

RR105 FIRE APPLIANCES
RR105.1 Portable fire appliances.

Rifle ranges shall be equipped with portable fire appliances and other equipment required by the fire code official. Additional fire-prevention measures required by the fire code official shall be provided.

RR106 VEGETATION
RR106.1 Removal.

Rifle ranges, including striking grounds, shall be completely clear of vegetation within a safe distance from the firing line.

RR107 SIGNAGE

7.1.b
Packet Pg. 414
HOA.103903238.11 273
RR107.1 Warnings.

Rifle ranges which are not fenced shall be posted with approved warning posters or signs to notify and protect the public from danger.

SECTION 445. FINDINGS IN SUPPORT OF ADOPTION OF MORE
RESTRICTIVE BUILDING STANDARDS.

The provisions of this ordinance contain various changes, modifications, and additions to the 2022 California Fire Code. Some of those changes are administrative in nature in that they do not constitute changes or modifications to requirements contained in the building standards adopted by the State Fire Marshal and published in the California Building Standards Code. Pursuant to Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, the Board of Supervisors hereby expressly finds and determines that all of the changes and modifications to requirements contained in the building standards published in the California Building Standards Code, contained in this ordinance, which are not administrative in nature, are reasonably necessary because of local climatic, geological, or topographical conditions in the County of Los Angeles and in the Consolidated Fire Protection District of Los Angeles County (“District”). This expressed finding is supported and based upon the following more specific determinations:

CLIMATIC – The County of Los Angeles/District is located in an area subject to climatic conditions with long periods of low humidity and hot weather, combined with unpredictable seasonal high winds (Santa Ana wind conditions), resulting in increased exposure to fire risk. This combination of events creates an environment that is conducive to rapidly spreading fires. Control of such fires requires rapid response.

7.1.b
Packet Pg. 415
HOA.103903238.11 274
With the time that is required to deal with potential obstacles from the wind, such as fallen trees, street lights, and utility poles, in addition to the time required to climb 75 feet vertically up flights of stairs, the ability to respond rapidly is negatively impacted.

Additionally, there is a significant increase in the amount of wind at 60 feet above the ground. Use of aerial-type firefighting apparatus above this height would place rescue personnel at increased risk of injury. High winds will also cause burning embers to become airborne resulting in the rapid spread of a fire to nearby structures. Immediate containment of a fire is the only method by which it can be controlled during high wind conditions. In high fire severity zones, a unique combination of low humidity, strong winds, and dry vegetation exists.

GEOLOGICAL – The County of Los Angeles/District is located in the middle of the seismically active area identified as Seismic Zone 4. The viability of the public water system would be questionable at best after a major seismic event. Tall buildings would become vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of any available water to floors above the 55-foot level. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create significant physical obstacles and logistical challenges. With the probability of strong aftershocks, there exists a need to provide increased protection for anyone on upper floors.

Geological conditions created by the numerous faults will result in increased fire danger to structures, delayed Fire Department response, and unique rescue challenges.

Seismic events of sufficient magnitude will cause substantial damage to structures.

These damages are likely to be accompanied by a substantial number of fires that may

7.1.b
Packet Pg. 416
HOA.103903238.11 275
exceed the Fire Department suppression capabilities. Accordingly, built-in fire suppression systems provide the only adequate measure to mitigate the potential hazards from and damage caused by such fires.

The County of Los Angeles/District is subject to occasional severe rainstorms.

The impacts from these rainstorms are exacerbated if hillside areas have been burned by wildland fires because significant mud and debris flows can occur. Mud and debris flows can impair Fire Department access or delay response times if access roads are obstructed by mud or debris.

TOPOGRAPHICAL – The topographical conditions of the County of Los Angeles/District includes many mountains, hills, and canyons which tend to accelerate the periodic high-velocity winds by means of a Venturi effect. These canyon winds and the significant growth of vegetation of a combustible nature increase the fire danger. Additionally, long periods of dry, hot weather, combined with unpredictable seasonal winds (Santa Ana wind conditions) result in increased exposure to fire risk.

The hillside areas have access roads that are narrow, steep, and contain many sharp curves, all of which makes timely response by large fire apparatus difficult.

The specific sections of this code that constitute more restrictive building standards are identified in the table set forth below. The more restrictive building standards contained in this code and identified in the table below shall be applicable only in those cities served by the District which have ratified the aforesaid sections in accordance with California Health and Safety Code Section 13869.

Section Local Condition Explanation and Findings
304.1.2 –
Vegetation.

Climatic and
Topographical
Local amendment requiring brush clearance to
maintain defensible space for fire operations that

7.1.b
Packet Pg. 417
HOA.103903238.11 276
Section Local Condition Explanation and Findings
is necessary due to the unique climate and
topography of the County/District to reduce risk of
fire and to minimize the spreading of fire to
structures.
314.4 –
Vehicles.

Climatic,
Geological, and
Topographical
Local amendment providing the fuel-amount
equivalencies for indoor display of vehicles using
alternative fuels and other newer technologies.

Necessary due to the increased risks of fire,
earthquake movement and damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
316.6.1 –
Structures.

Climatic,
Geological, and
Topographical
Imposes additional requirements for the
grounding of construction under high-voltage
transmission lines to protect property, the public,
and fire fighters responding to emergencies.

Necessary due to the unique climate and
topography of the County/District to reduce risk of
fire, to reduce the possibility of fires being causes
by downed high-voltage transmission lines, to
minimize the spreading of fires that may begin
under transmission lines, and to protect fire
fighters responding to emergencies under
transmission lines. Further necessary because
risk of fire is increased due to the prevalence of
earthquakes in the County/District.
321 – Artificial
Combustible
Vegetation.

Administrative Deletion in order to clarify that neither the State nor the District adopts this section or the sections
of Chapter 8 that are referenced by it.
322.3 – Fire
safety plan.

Administrative. Declaratory of existing law for clarification to the code user.
322.4.1 –
Limited indoor
storage in
containers.

Climatic,
Geological, and
Topographical
Local amendment providing the ability for the fire
code official to consider other factors affecting
the safety of the placement containers used for
the collection of damaged and used lithiumbased batteries. These batteries have been identified as a known source of fires, especially
when damaged or aged. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the

7.1.b
Packet Pg. 418
HOA.103903238.11 277
Section Local Condition Explanation and Findings
County/District. These factors also complicate
response times, water needs and availability, and
access.
326.7 – Fire
protection
facilities
required.

Climatic,
Geological, and
Topographical
Local amendment to require fire safety measures
including but not limited to water supply,
firebreaks, posting of fire watchers, access roads,
restriction of activities during high fire hazard and
other conditions to maintain reasonable fire
safety. Necessary due to the unique climate and
topography of the County/District to reduce risk of
fire, to reduce the possibility of wildland fires
spreading to structures, and to minimize impacts
of fire. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
326.12.2 –
Chimneys.

Climatic and
Topographical
Local amendment to reduce the threat of fires by
requiring spark arrestors on chimneys that is
necessary due to the unique climate and
topography of the County/District to reduce risk of
fire and to minimize impacts of fire. Such spark
arrestors reduce the likelihood of embers exiting
a chimney and igniting a fire. These spark
arrestors are required by the SFM in both CCR
Title 19 and the Building Code.
326.14 –
Roadway
clearance.

Climatic and
Topographical
Local amendment requiring clearance of
roadways to provide adequate access for
firefighting apparatus, to create defensible space
for fire operations, and to reduce the possibility of
wildland fires spreading to structures. Necessary
due to the unique climate and topography of the
County/District.
401.10 – Fire
watch
procedures,
401.10.1,
401.10.2,
401.10.3,
401.10.4,
401.10.5,
401.10.6.

Climatic,
Geological, and
Topographical
Provides for consistency in the minimum
requirements of a fire watch program. Necessary
to ensure adequate response times and actions
due to the unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.

7.1.b
Packet Pg. 419
HOA.103903238.11 278
Section Local Condition Explanation and Findings
503.1.1 –
Buildings and
facilities.

Climatic,
Geological, and
Topographical
Provides for clarification regarding the
determination of the fire code official for certain
special circumstances. Necessary to ensure
adequate response times and actions due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
503.1.2 –
Additional
access.

Climatic,
Geological, and
Topographical
Provides for additional access requirements
necessary because of terrain, climate, or other
factors that limit access. Necessary to ensure
adequate response times due to the unique
climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
503.2.1 –
Dimensions,
503.2.1.1,
503.2.1.2,
503.2.1.2.1,
503.2.1.2.2,
503.2.1.2.2.1,
503.2.1.2.2.2
Climatic,
Geological, and
Topographical
Requires unobstructed clearance to sky on fire
apparatus access roads with exception for
protected tree species. Necessary to prevent
obstruction of access roads by tree limbs or other
obstructions and thus allow for quick response
times to fires and other emergencies. Necessary
to ensure adequate response times due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Requires sufficient fire apparatus access
road widths and the location of said roads in
respect to buildings. Necessary because risk of
fire and collapse is increased due to the
prevalence of earthquakes in the County/District.
503.2.4 –
Turning radius,
503.2.5 –
Dead-ends,
503.2.7 –
Grade.

Climatic,
Geological, and
Topographical
Provides for more stringent width, turning radius,
and grade specifications for access roads to
ensure access for fire apparatus. Necessary due
to unique climatic and topographical conditions
that increase the risk of fires. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.

7.1.b
Packet Pg. 420
HOA.103903238.11 279
Section Local Condition Explanation and Findings
503.4 –
Obstruction of
fire apparatus
access roads.

Climatic,
Geological, and
Topographical
Adds speed bumps and speed humps to list of
prohibited obstructions to fire apparatus access
roads. Speed bumps and speed humps reduce
response times to fires and other emergencies
because fire apparatus have to slow down to
pass over them or drive around them. Necessary
to ensure adequate response times due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
503.4.1 –
Traffic-calming
devices.

Climatic,
Geological, and
Topographical
Requires fire code official approval to install
traffic calming devices such as speed bumps and
speed humps. Such devices can reduce
response times to fires and other emergencies.

Necessary to ensure adequate response times
due to the unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. This section is necessary
because the risk of fire is increased due to the
prevalence of earthquakes in the County/District.
503.6 – Gates. Climatic,
Geological, and
Topographical
Requires gates placed across fire apparatus
access roads meet parameters to ensure
emergency access widths and operability.

Necessary due to the increased risks of fire,
earthquake damage, and electrical power
interruption that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District.
503.7 – Fire
apparatus
access roads
in recreational
vehicle,
mobilehome,
manufactured
housing, sales
lots, and
storage lots.

Climatic,
Geological, and
Topographical
Requires fire apparatus access roads in
recreational vehicle, mobilehome, manufactured
housing, sales lots, and storage lots. Necessary
to ensure adequate water supply and access to
such locations due to the unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because the risk of fire is increased
due to the prevalence of earthquakes in the
County/District.
503.8– Fire
apparatus
access roads
in mobilehome
parks and
Climatic,
Geological, and
Topographical
Requires additional fire apparatus access roads
in mobilehome parks and special occupancy
parks. Necessary to ensure adequate water
supply and access to such locations due to the
unique climatic and topographical conditions that

7.1.b
Packet Pg. 421
HOA.103903238.11 280
Section Local Condition Explanation and Findings
special
occupancy
parks.
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
504.5 –
Rooftop
barriers and
parapets.

Climatic,
Geological, and
Topographical
Provides for emergency access to and egress
from the roof in the event of fire or other
emergency. Necessary because of increased
danger of fire in the County/District due to unique
climatic, geological, and topographical conditions.
506.1 – Where
required.

Climatic,
Geological, and
Topographical
Local amendment providing for access to
structures or areas where immediate access is
necessary for life-saving or fire-fighting purposes.

Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
507.2.2 –
Water tanks.

Climatic,
Geological, and
Topographical
Requires installation and maintenance standards
for water tanks providing water for fire protection.

Extends certain requirements to associated
support structures and piping. Necessary due to
the increased risks of fire and exposure that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These unique conditions also
increase emergency response times, thereby
increasing the time during which these water tank
systems must remain in functional order.
507.5.10 –
Draft system
identification
sign.

Climatic,
Geological, and
Topographical
Provides posting of sign to notify Fire Department
of draft hydrants, including those for swimming
pools and spas in fire hazard severity zone.

Necessary because of unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes in the
County/District.
509.1.1 –
Utility and
hazardous
equipment
identification,
509.2 –
Climatic,
Geological, and
Topographical
Provides for identification and access to the
disconnection means that are required for
hazardous equipment and/or energy sources
serving structures, as necessary for the
protection of life and for fire-fighting purposes.

Necessary due to the increased risks of fire,

7.1.b
Packet Pg. 422
HOA.103903238.11 281
Section Local Condition Explanation and Findings
Equipment
and
disconnectionmeans access,
509.3
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
510.1 –
Emergency
responder
communicatio
n coverage
(ERCC) in new
buildings.

Administrative Clarifies how the fire code official will make the determination that is required of them by the
State code.
510.4.1,
510.4.1.1,
510.4.1.2,
510.4.2,
510.4.2.3,
510.5, 510.5.1,
510.5.4, 510.6,
510.6.2 –
Emergency
responder
communicatio
n coverage.

Climatic,
Geological, and
Topographical
When the circumstances of a structure
necessitate emergency responder
communication coverage systems, this
amendment specifies “critical areas” of the
building, referred to in the State code, at which it
is critical that emergency personnel have radio
coverage. This list of areas is built upon the list
of areas that are required to be served when a
wired system is installed in lieu of an emergency
responder radio coverage system. Systems are
required to be provided with standby power for a
duration of time. Amendment also clarifies
required design standards otherwise left up to
determination by the fire code official. Necessary
due to the increased risks of fire, earthquake
movement and damage, and electrical power
interruption that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. Further necessary due to
the artificial topographical physical features of a
structure or area that limit and/or interfere with
emergency radio communications for first
responders.
603.4 –
Working space
and
clearances.

Climatic,
Geological, and
Topographical
Provides for maintenance of the working
clearances that are required to be maintained
about electrical equipment such as electrical
panels and other equipment specified by the
Electrical Code. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the

7.1.b
Packet Pg. 423
HOA.103903238.11 282
Section Local Condition Explanation and Findings
County/District. These factors also complicate
response times, water needs and availability, and
access.
603.4.1 –
Electrical
signage and
labeling.

Climatic,
Geological, and
Topographical
Provides clarification of the interpretation of this
section, and reference to the related section of
code. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
604.4 –
Emergency
signs.

Climatic,
Geological, and
Topographical
Provides guidance with local criteria that the fire
code official will use in making the determination
required of them by this section. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6 –
Inspection,
testing, and
maintenance.

Climatic,
Geological, and
Topographical
Prohibits obstruction or impairment of fire
protection and life safety system equipment,
including initiating devices, alarm notification
appliances, and annunciators. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4 –
Aboveground
controls and
valves for
water-based
fire protection
systems.

Climatic,
Geological, and
Topographical
Introductory section to Sections 901.6.4.1
through 901.6.4.4. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4.1 –
Signage.

Climatic,
Geological, and
Topographical
Provides signage requirements for water-control
valves to facilitate fire-fighter identification and
use of said valves in an emergency. Necessary

7.1.b
Packet Pg. 424
HOA.103903238.11 283
Section Local Condition Explanation and Findings
because of unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
901.6.4.2 –
Locks.

Climatic,
Geological, and
Topographical
Provides for the security, and accessibility to
proper authorities, of water-based fire protection
systems. Necessary due to the increased risks
of fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
901.6.4.3 –
Painting
identification.

Climatic,
Geological, and
Topographical
Provides for the identification and maintenance of
water-based fire protection systems. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4.4 –
Clear space.

Climatic,
Geological, and
Topographical
Provides clearance requirements for watercontrol valves to facilitate fire-fighter identification and use of said valves in an emergency.

Necessary because of unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes in the
County/District.
903.2.8 –
Group R.

Climatic,
Geological, and
Topographical
Requires that fire sprinklers be installed in
mobilehomes and manufactured homes located
outside of mobilehome parks. Necessary due to
the increased risks of fire and exposure that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District.
903.2.11.7 –
Occupancies
in fire hazard
severity zones
and within the
San Gabriel
Climatic,
Geological, and
Topographical
Provides an additional level of protection to
occupancies in case of a fire by requiring
installation of automatic fire sprinklers.

Necessary because of unique climatic and
topographical conditions that increase the risk of
catastrophic fires in fire hazard severity zones

7.1.b
Packet Pg. 425
HOA.103903238.11 284
Section Local Condition Explanation and Findings
Southface
Area or
Malibu–Santa
Monica
Mountains
Area.
and due to the topography that reduces response
times to fires. Further necessary because risk of
fire is increased due to the prevalence of
earthquakes in the County/District.
903.4.2,
903.4.2.1 –
Remote
annunciator.

Climatic,
Geological, and
Topographical
Provides for fire-fighter access to the alarm
system information/status where necessary due
to otherwise being inaccessible or inapparent.

Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
904.1.1 –
Certification of
service
personnel for
fireextinguishing
equipment
Administrative. Clarification to the code user that neither the Consolidated Fire Protection District of
Los Angeles County, nor the State of California
adopt this section.
904.3.5 –
Monitoring.

Climatic,
Geological, and
Topographical
Requires monitoring of all automatic fireextinguishing systems when a sprinkler monitoring system is otherwise required.

Necessary due to the increased risks of fire and
exposure that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District.
905.2.1 –
Class I
standpipes.

Climatic Construction and installation requirements for Class I standpipes to ensure adequate fire
protection systems and water supply due to fires
in the hot and windy climate of the
County/District.
905.4 –
Location of
Class I
standpipe
hose
connections,
905.4.3.

Climatic Installation/Regulation of Fire Protection System to ensure proper location of hose connection to
control fires in the hot and windy climate of the
County/District.

7.1.b
Packet Pg. 426
HOA.103903238.11 285
Section Local Condition Explanation and Findings
905.5.3 –
Class II
system
1½-inch hose.

Climatic Installation and regulation of interior wet
standpipes to ensure adequate fire protection
system due to fires in the hot and windy climate
of the County/District.
905.9 – Riser
shutoff valve
supervision
and drain.

Climatic Additional requirements to fire protection system for testing, maintenance, and operation.

Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions.
905.13 –
Standpipe
diameter.

Climatic Size requirements for Class III standpipes to
ensure adequate fire protection system.

Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions.
910.2 –
Where
required.

Climatic and
geological
Requires smoke and heat removal for buildings.

Necessary to increase ability of fire fighters to
respond to, and fight, fires in buildings.

Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions and the prevalence of earthquakes in
the County/District.
910.2.3 –
Group S-2.

Climatic,
Geological, and
Topographical
Requires smoke and heat removal for basementlevel parking garages. Necessary to increase ability of fire fighters to respond to fires in parking garages. Necessary due to the increased risks of
fire and earthquake damage that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. Further necessary due to the
artificial topographical physical features of a
structure or area that limit and/or interfere with
the ability of emergency responders to protect
life, property, and the environment.

7.1.b
Packet Pg. 427
HOA.103903238.11 286
Section Local Condition Explanation and Findings
910.3 –
Smoke and
heat vent
design and
installation.
910.3.2,
910.3.4,
910.3.4.1,
910.3.4.2,
910.3.4.2.1,
910.3.4.2.2,
910.3.4.3
910.3.5.

Climatic,
Geological, and
Topographical
Requirements for smoke and heat vents in
buildings. Necessary due to the increased risks
of fire and earthquake damage that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. Further necessary due to the
artificial topographical physical features of a
structure or area that limit and/or interfere with
the ability of emergency responders to protect
life, property, and the environment.
910.4.3,
910.4.4 –
Mechanical
smoke
removal
systems.

Geological Requirements for smoke and heat vents and
mechanical smoke removal systems in buildings.

Necessary because of increased danger of fire in
the County/District due to seismic concerns with
potential water supply issues.
912.2 –
Location.

Geological and
Topographical
Requires that more than one fire department
connection may be required. Necessary due to
natural and artificial local topography, and the
effects of seismic activity that could limit and/or
interfere with the ability of emergency responders
to access certain locations.
912.2.1 –
Visible
location.

Climatic,
Topographical,
Geological
Requires fire department connections to be
located within 150 feet of a public fire hydrant
and at a safe distance from the building.

Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions. Further necessary because the risk
of fire is increased due to the prevalence of
earthquakes in the County/District.
912.7 –
Inspection,
testing and
maintenance.

Climatic,
Geological, and
Topographical
Clarifies where provisions for signage, painting,
hose threads, physical protection, and clear
space, for fire department connections, shall
apply. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
912.8 –
Identification
Climatic,
Topographical
Requires red paint on fire department
connections subject to rust or corrosion to identify

7.1.b
Packet Pg. 428
HOA.103903238.11 287
Section Local Condition Explanation and Findings
— paint color. them to fire fighters and protect from the elements. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions.
912.9 –
Breakable
caps or plugs.

Climatic,
Topographical
Requires breakable caps or plugs for fire hose
couplings to protect them from the elements and
to ensure easy access to the fire department
connection during fires. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions.
914.9.1 –
Spray booths.

Climatic Requires spray booths to have automatic fire
sprinkler system protection under specified
conditions. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions. Further necessary
because the risk of fire is increased due to the
prevalence of earthquakes in the County/District.
1032.4 – Exit
signs,
1032.4.1,
1032.4.2,
1032.4.3
Climatic,
Geological, and
Topographical
Requirements for minimum exit signage
maintenance, including a bringing-to-one-location
of existing CA requirements scattered about the
code and/or providing reference thereto.

Addresses warnings against elevator use in an
emergency, and stairway access. Necessary to
ensure proper notice and evacuation in case of
fire or other emergency. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions. Further necessary
because risk of fire and need for evacuation is
increased due to the prevalence of earthquakes
in the County/District.
1103.11 – Fire
department
access.

Climatic,
Geological, and
Topographical
Clarifies where provisions for fire department
access apply, including reference to a related
section of the code. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1203.2.3 –
Emergency
responder
communicatio
n coverage
Climatic,
Geological, and
Topographical
Maintains current level of safety by maintaining
current standby-power capacity duration for
emergency responder communication coverage
systems. Necessary due to the increased risks
of fire, earthquake damage, and unpredictable

7.1.b
Packet Pg. 429
HOA.103903238.11 288
Section Local Condition Explanation and Findings
systems. power fluctuations that are consequences of the unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1203.2.5 –
Exhaust
ventilation.

Climatic,
Geological, and
Topographical
Maintains current level of safety by maintaining
current standby-power capacity duration for
electrical energy storage system mechanical
exhaust ventilation systems. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1203.2.7 –
Gas detection
systems.

Climatic,
Geological, and
Topographical
Corrects reference number for section
addressing exhaust ventilation for electrical
energy storage systems. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1204.4 –
Grounding.

Climatic,
Geological, and
Topographical
Clarifies when grounding will be required of
portable generators. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1205.2 –
Access and
pathway.

Climatic,
Geological, and
Topographical
Clarifies that exceptions to access and pathway
requirements may not negate the ability of
occupants to reliably identify escape and rescue
pathways and avoid electrified components
therein. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and

7.1.b
Packet Pg. 430
HOA.103903238.11 289
Section Local Condition Explanation and Findings
availability, and access.
1205.4 –
Buildings with
rapid
shutdown.

Climatic,
Geological, and
Topographical
Provides reference to the related section of code.

Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
1205.5.1 –
Vegetation
control.

Climatic,
Geological, and
Topographical
Clarifies where this maintenance provision
applies. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1206.10 –
Manual
shutoff.

Climatic,
Geological, and
Topographical
Provides reference to the related section of code,
and harmonizes this section thereto. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.1.2 –
Permits,
1207.1.3,
1207.1.4,
1207.1.4.1,
1207.1.4.2,
1207.1.5,
1207.1.7.

Climatic,
Geological, and
Topographical
Require approved permitting for electrical energy
storage systems (ESS), including
criteria/clarification regarding hazard mitigation
analysis and special approvals beyond what the
code allows by default. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.3.4,
1207.3.4.1,
1207.3.5
Climatic,
Geological, and
Topographical
Specifies design and installation requirements for
electrical energy storage systems (ESS).

Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also

7.1.b
Packet Pg. 431
HOA.103903238.11 290
Section Local Condition Explanation and Findings
complicate response times, water needs and
availability, and access.
1207.4 –
General
installation
requirements,
1207.4.1,
1207.4.2,
1207.4.7,
1207.4.8 –
Signage.

Climatic,
Geological, and
Topographical
Specifies/clarifies location, separation, and
signage requirements for electrical energy
storage systems (ESS). Provides clarification
and reference to other code requirements already
applicable to these installations. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, responding resources, water
needs and availability, and access.
1207.5.2,
1207.5.8,
Table 1207.7,
1207.7.1,
1207.7.2,
1207.7.3,
1207.7.4,
1207.8.3,
1207.8.4.

Climatic,
Geological, and
Topographical
Specifies/clarifies location and separation
requirements for electrical energy storage
systems (ESS). Maintains preexisting safety
levels. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1207.4.13,
1207.5.4 –
Fire detection,
1207.6.1.1,
1207.6.1.2,
1207.6.1.2.1,
1206.1.2.2,
1207.6.1.2.3
1207.6.1.2.4.

Climatic,
Geological, and
Topographical
Specifies requirements for fire-extinguishing
systems, ventilation, standby power, gas
detection, explosion control, and the ability to
release energy, for electrical energy storage
systems (ESS). Includes references to the code
sections regarding fire department connections
and hydrants. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.

Table 1207.6,
1207.6.1.1–
1207.6.1.2.4.

Climatic,
Geological, and
Topographical
Specifies design and installation requirements for
various battery technologies used in electrical
energy storage systems (ESS). Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,

7.1.b
Packet Pg. 432
HOA.103903238.11 291
Section Local Condition Explanation and Findings
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.6.3 –
Explosion
control.

Administrative Corrects typo to reference therein to a section within Chapter 1, which was reorganized in
2021/2022.
1207.4.6 –
Combustible
storage,
1207.5.7 –
Vegetation.

Climatic,
Geological, and
Topographical
Clarifies that combustible storage within ESS
cabinets and enclosures is not allowed, and that
vegetation maintenance (operational)
requirements for electrical energy storage
systems (ESS) apply to both new and existing
installations. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.9.4,
1207.9.5.

Climatic,
Geological, and
Topographical
Addresses special installations of battery energy
storage systems (ESS), including those on
rooftops and in parking garages. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.

Table 1207.10,
1207.10.6,
1207.10.7.2,
1207.10.7.3,
1207.10.7.6.

Climatic,
Geological, and
Topographical
Addresses mobile versions of electrical energy
storage system (ESS) installations. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.11,
1207.11.1,
1207.11.2.1,
1207.11.3,
1207.11.3.1,
Climatic,
Geological, and
Topographical
Addresses installations of battery energy storage
systems in Group R-3 and R-4 occupancies.

Maintains and clarifies standing requirements in
the jurisdiction in order to maintain minimum
levels of safety regarding explosion, fire, and

7.1.b
Packet Pg. 433
HOA.103903238.11 292
Section Local Condition Explanation and Findings
1207.11.4,
1207.11.5.1,
1207.11.6,
1207.11.7,
1207.11.7.1,
Figure
1207.11.7.1,
1207.11.7.2,
1207.11.7.3,
1207.11.7.4,
1207.11.7.4.1,
1207.11.7.4.2,
1207.11.8.
toxic gas hazards, both for the property in
question and that of neighboring properties.

Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, responding
resources, water needs and availability, and
access.
2007.9 –
Emergency
Helicopter
Landing
Facility
(EHLF),
2007.9.1.

Climatic and
Topographical
Provides for public safety by an
evacuation/landing area on high-rise buildings
and the maintenance thereof. Necessary due to
large number of high-rise buildings in the
County/District and difficulty in evacuating highrise buildings, and getting resources thereto, in case of fire or other emergency.
2007.10 –
Ground-based
helicopter
facilities,
2007.10.1 –
Surface.

Climatic,
Geological, and
Topographical
Provides design standards for helistops and
heliports, primarily for establishment in fire
hazard severity zones, to enable helicopters and
associated water tenders and support equipment
to safely operate to conduct operations to combat
fires and render other services in those areas.

Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions and topography that hinders the ability
for fire apparatus to gain access to remote
portions of the County/District. Further
necessary due to the increased risks of
earthquake damage that complicate response
times, water needs and availability, and access.

7.1.b
Packet Pg. 434
HOA.103903238.11 293
Section Local Condition Explanation and Findings
2007.10.2 –
Hydrant.

Climatic;
Topographical
Requires a hydrant next to helistops and
heliports, especially in fire hazard severity zones,
to enable helicopters to fill their tanks to facilitate water drops on wildland fires in those areas, and
for response to aviation accidents. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions
and topography that hinders the ability for fire
apparatus to gain access to remote portions of
the County/District.
2007.10.3 –
Access.

Climatic;
Topographical
Adopts requirements for fire apparatus access to
helistops and heliports, especially in fire hazard
severity zones, to enable support equipment and
apparatus associated with helicopter operations
to combat fires and render other services in those
areas. Necessary because of increased danger
of fire in the County/District due to hot and windy
conditions and topography that hinders the ability
for fire apparatus to gain access to remote
portions of the County/District.
2007.11 –
Maintenance,
2007.11.1 –
Fire
Department
permit
required.

Climatic,
Geological, and
Topographical
Requires maintenance of the safe and necessary
functionality of a new or existing helicopter facility
intended to some extent for emergency Fire
Department use. Where such functionality or
availability is impaired, a permit and/or
notification is required. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions; and both topography
and seismic geological activity that hinders the
ability for fire apparatus to gain access to
portions of the County/District, including for
patient care.
2203.3 – Dustcollection
systems.

Climatic,
Geological, and
Topographical
Clarifies applicability of this provision, corrects
reference error by the State, and maintains the
required interlock provision. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
2203.4.2 –
Static
electricity.

Climatic,
Geological, and
Topographical
Maintains the requirement for permanent
grounding or bonding in accordance with
approved standards. Necessary due to the

7.1.b
Packet Pg. 435
HOA.103903238.11 294
Section Local Condition Explanation and Findings
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
2404.4 – Fire
protection.

Climatic Provides for spray booths to be equipped with
automatic fire sprinklers. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions.
2504.6, 2507.2
–FRUIT AND
CROP

RIPENING
Climatic and
Geological
Provides requirements for fruit and crop ripening
operations to prevent ignition of ethylene gas and
reduce risk of fire and explosion. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions
and to reduce risk of fires and explosion from
earthquakes.
3104.5 –
Helicopter
landing
facilities.

Climatic,
Geological, and
Topographical
Provides notice within the section concerning
tents and temporary membrane structures that
consideration must be given to nearby helicopter
landing facilities so as not to interfere with their
safe and necessary functionality. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions;
and both topography and seismic geological
activity that hinders the ability for ground-based
fire apparatus to gain access to portions of the
County/District, including for patient care.
3107.15.2.1 –
Quantity limit.

Climatic,
Geological, and
Topographical
Harmonizes the code by providing reference to
the related section of the code. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions;
and both topography and seismic geological
activity that hinders the ability for ground-based
fire apparatus to gain access to portions of the
County/District, including for patient care.
3107.18 –
Combustible
vegetation.

Climatic and
Topographic
Increased clearance requirements for
combustible vegetation near tents and membrane
structures. Necessary to increase fire and life
safety around such structures and to create
defensible space. Necessary because of fire risk
due to climate and unique topography of the
County/District.

7.1.b
Packet Pg. 436
HOA.103903238.11 295
Section Local Condition Explanation and Findings
TABLE 3206.2 Climatic and
Geological
Removes an exception for smoke and heat
removal in high-piled combustible storage.

Necessary because of unique climatic conditions
that increase the risk of fires. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
3305.5.2.1 –
Duties.

Climatic,
Geological, and
Topographical
Harmonizes this new provision to the other
longstanding requirements for fire watch within
the code. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
3505.9 –
Flashback
prevention.

Geological Requires protective devices to be installed on fuel gas and oxygen lines to increase safety and
reduce risk of explosion and fire. Necessary
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
4801.3 –
DEFINITIONS.

Climatic,
Geological, and
Topographical
Clarifies the interpretation of the code for the
code user. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4902.1 –
General.

Climatic,
Geological, and
Topographical
Provides definitions by which to clarify the
interpretation of the code for the code user.

Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions; and both topography and seismic
geological activity that hinders the ability for
ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4906.2 –
Application.

Climatic,
Geological, and
Topographical
Serves to clarify the interpretation of the code for
the code user. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for

7.1.b
Packet Pg. 437
HOA.103903238.11 296
Section Local Condition Explanation and Findings
patient care.
4906.3 –
Landscape
Plans,
4906.3.1 –
Contents.

Climatic,
Geological, and
Topographical
Original content is being moved to become
subsections of 4906.3, and these sections are
being utilized to explain the administrative
procedures for fuel modification plans in fire
hazard severity zones within the jurisdiction.

Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions; and both topography and seismic
geological activity that hinders the ability for
ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4906.3.2 –
Penalties,
4906.3.3 –
Appeals,
4906.3.4 Fuel
modification
plan review
fee schedule.

Administrative Provide administrative procedures regarding the fuel modification plan process.
4906.3.5,
4906.3.5.1,
4906.4,
4906.4.1,
4906.4.2,
4906.4.2.1.

Administrative Renumbering of code sections for harmonization with longstanding local provisions within which
these processes (newly described by new State
language) have and will continue to take place.
4907.3 –
Requirements.

Administrative Provides reference to other applicable codes; declaratory of existing law.
4907.3 –
Requirements.

Climatic and
Topographical
Local amendment providing notice of preexisting
requirement that defensible space shall also
comply with vegetation clearance requirements
elsewhere in the Fire Code (e.g., for LPG tanks,
PV, and ESS), as well as specifically within
Chapter 3 of this code. Necessary due to the
unique climate and topography of the
County/District to reduce risk of fire and to
minimize impacts of fire in Fire Hazard Severity
Zone.
5003.11.3.8 –
Floors.

Climatic and
Geological
Creates requirements for floors in buildings
where hazardous materials are used or stored.

Necessary to increase fire and life safety and to
minimize fire danger from hazardous materials.

Necessary because risk of fire and spillage of
hazardous materials is increased due to the

7.1.b
Packet Pg. 438
HOA.103903238.11 297
Section Local Condition Explanation and Findings
prevalence of earthquakes in the County/District.
5704.2.8.3 –
Secondary
containment.

Geological Requires secondary containment of flammable
and combustible liquids that are necessary to
increase fire and life safety and to prevent fires
involving flammable and combustible liquids from
spreading. Necessary because risk of leaks or
tank failure is increased due to the prevalence of
earthquakes in the County/District.
5704.2.8.16.1
– System
requirements.

Climatic and
Geological
Requires foam deluge system. Necessary
because of increased danger of fire in the
County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
5704.2.9.1.1 –
Required foam
fire protection
systems.

Geological and
Climatic
Requires all existing aboveground tanks
exceeding 1,500 square feet of liquid surface
area used for the storage of Class I or Class II
flammable liquids to be provided with foam fire
protection. Necessary because of increased
danger of fire in the County/District due to
climatic conditions and because risk of leaks or
tank failure is increased due to the prevalence of
earthquakes in the County/District.
5704.2.9.6.1.3
– Location of
tanks for
boilover
liquids.

Geological and
Climatic
Provides for additional spacing between tanks to
reduce fire danger and help prevent fire from
spreading to adjacent tanks. Necessary because
of increased danger of fire in the County/District
due to climatic conditions and because risk of
leaks or tank failure is increased due to the
prevalence of earthquakes in the County/District.
5704.3.7.6 –
Construction.

Geological and
Climatic
Construction and fire access requirements for
liquid storage rooms. Necessary because of
increased danger of fire in the County/District due
to climatic conditions and because risk of
explosion or container failure is increased due to
the prevalence of earthquakes in the
County/District.
5706.5.1.1 –
Location.

Geological and
Climatic
Provides increased distances for bulk transfer
and process transfer operations so that they are
farther away from the public and other buildings.

Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.

7.1.b
Packet Pg. 439
HOA.103903238.11 298
Section Local Condition Explanation and Findings
5706.5.1.19 –
Liquid transfer.

Geological and
Climatic
Class I, II, or III liquids shall be transferred from a tank vehicle or tank car only into an approved
atmospheric tank or approved portable tank.

Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
6104.4 –
Multiple LPgas container
installations.

Geological and
Climatic
Requirements for LP-gas storage tank distances.

Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.

CHAPTER 81
–

AUTOMOBILE

WRECKING
YARDS
8104 – Fire
apparatus
access roads.
8106 –
Housekeeping.
8108 – Tires.
8110.4 –
Batteries.

Climatic,
Geological, and
Topographical
Creates requirements for fire access roads and
storage requirements for tire storage in
automobile wrecking yards to enable fire
apparatus and fire fighters to gain access to fight
fires and respond to emergencies. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.

CHAPTER 82
–

INFRACTION
S.

Administrative Lists the violations deemed to be infractions rather than the standard misdemeanor required
by the provisions of Chapter 1.

CHAPTER 83
–

CONSOLIDAT

ED FIRE

PROTECTION

DISTRICT OF
LOS

ANGELES
COUNTY

FIRE CODE
Administrative Declaration of this code as the Fire Code for the Consolidated Fire Protection District of
Los Angeles County (“District”).

APPENDIX B,
Section
B105.1 – Oneand two-family
Topographical
and Climatic
Provides for increased minimum fire-flow in fire
hazard severity zones to allow for more water to
be available to fight fires. Necessary because of
increased danger of fire in the County/District due

7.1.b
Packet Pg. 440
HOA.103903238.11 299
Section Local Condition Explanation and Findings
dwellings,
Group R-3 and
R-4 buildings
and
townhouses.
to climatic and topographical conditions.

APPENDIX B,
Section
B105.5 – Land
subdivision
projects.

Topographical
and Climatic
Provides for increased fire-flow for subdivisions
of certain undeveloped land due to the
undetermined building size and type of
construction to allow for sufficient water to be
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.

APPENDIX C,
Section
C102.2 –
Location on
street.

Topographical
and Climatic
Provides for hydrant spacing on streets to ensure
hydrants are accessible to fire fighters.

Necessary because of increased danger of fire in
the County/District due to climatic and
topographical conditions.

APPENDIX C,
Section
C105.2 – Oneand two-family
dwellings, and
Group R-3
buildings.

Topographical
and Climatic
Provides for hydrant spacing to ensure that water
is available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.

APPENDIX C,
Section
C105.3 -
Buildings other
than one- and
two-family
dwellings, and
Group R-3
buildings.

Topographical
and Climatic
Provides for hydrant spacing for buildings other
than one- and two-family dwellings, and Group R3 buildings to ensure that there is adequate water supply available to fight fires. Necessary
because of increased danger of fire in the
County/District due to climatic and topographical
conditions.

APPENDIX C,
Section
C105.4 –
Cul-de-sac
hydrant
location.

Topographical
and Climatic
Provides for hydrant spacing for cul-de-sacs to
ensure that there is adequate water supply
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.

APPENDIX C,
Section C106 -
On-site
hydrants.

Topographical
and Climatic
Provides requirements for on-site hydrants to
ensure that there is adequate water supply
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.

APPENDIX O, Topographical, Provides various design and location

7.1.b
Packet Pg. 441
HOA.103903238.11 300
Section Local Condition Explanation and Findings
Section O103
– General
requirements.

Geographic, and
Climatic
requirements for temporary haunted houses,
ghost walks, and similar amusement uses where
the means of egress are not apparent due to
decorative materials, confusing sounds, and/or
visual effects. Necessary because of increased
danger of fire in the County/District due to
climatic and topographical conditions and the
prevalence of earthquakes in the County/District.

APPENDIX PP
– LOCAL
AGENCY

VERY HIGH

FIRE HAZARD

SEVERITY
ZONES
Administrative Portion of ordinance serving to fulfill the Statutory requirements of the County/District per California
Government Code Sections 51175 through
51189. Recognizes the authorities of the State to
impose Fire Hazard Severity Zone designations
and of individual cities to expand upon them
within the parameters defined by State statute.

Also serves to define the “Malibu–Santa Monica
Mountains Area” and the “San Gabriel Mountains
Southface Area” for the sprinkler provisions
therein, as described in Chapter 9.

APPENDIX
QQ – LOS

ANGELES
COUNTY

FIRE-CODE
FEE

SCHEDULE
Administrative Provides the code user with the Fire Department fee schedule, specifically for the services
provided by the Fire Department in accordance
with the Fire Code.

APPENDIX
RR – RIFLE
RANGE
Topographical
and Climatic
Provides the basic fire- and life-safety
requirements for the operation of rifle ranges.

Necessary because of increased danger of fire in
the County/District due to climatic and
topographical conditions.

SECTION 446. This ordinance shall become effective 30 days after it is adopted.
[TITLE32FIRECODE2022AVCC]

7.1.b
Packet Pg. 442

7.1.b
Packet Pg. 443
Agenda #: 7.2
Meeting Date: August 1, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AMENDMENT TO TITLE 5 (BUSINESS LICENSING) OF THE

DIAMOND BAR CITY CODE RELATED TO PEDDLING AND STREET
VENDING TO FURTHER IMPLEMENT SB 946 (2018), SB 972 (2022),

AND SAFEGUARD COMPLIANCE WITH THE AMERICANS WITH
DISABILITY ACT.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

A. Hear the staff presentation, receive public testimony and discuss; B. Determine that the proposed code amendment is not subject to CEQA pursuant to Sections 15061(b)(3) and 15305 of the CEQA Guidelines; and C. Approve for first reading by title only, waive full reading of Ordinance No. 03 (2023) and schedule the second reading and adoption at the next regularly scheduled City Council meeting.

FINANCIAL IMPACT:

No financial impact.

BACKGROUND:

SB 946 (Lara), known as the “Safe Sidewalk Vending Act”, became effective on January 1, 2019, placing new limitations on the regulation of street vendors by local agencies. In essence, SB 946 prohibits a city from regulating street vendors unless a licensing system is in place that is in substantial compliance with the legislation.

In response to SB 946, the City Council adopted Ordinance No. 01(2019) on January 15, 2019. The ordinance established criteria, including business licensing requirements, and restrictions on the time, place and manner in which sidewalk vending activities may

7.2 Packet Pg. 444
occur in the City. The ordinance, however, did not anticipate the degree to which sidewalk vending activities would become a public nuisance, occupying excessive sidewalk space and setting up oversized, visually cluttered displays. Photographs of typical sidewalk vending activity in Diamond Bar are provided in Attachment 3.

On January 1, 2023, SB 972 (Gonzalez) became effective. SB 972 establishes health permitting requirements specifically suited to sidewalk food and beverage vending activities. The law makes it easier for street vendors to obtain public health permits by approving a new type of retail food facility called a Compact Mobile Food Operation (CMFO).

To address the visually cluttered and sprawling manner in which sidewalk vendors have conducted business in Diamond Bar, the proposed ordinance (Attachment 1) updates Ordinance 01(2019) by establishing defined limits to the size and placement of sidewalk vending display areas to minimize their negative aesthetic impact on the community, and ensuring that they are not granted outdoor signage and merchandise display privileges that are not available to the City’s brick-and-mortar businesses. The proposed updated ordinance also brings the Diamond Bar City Code (DBCC) into compliance with SB 972.

ANALYSIS:

The primary objective of the proposed ordinance is to set clearly-defined limits to the amount of surface area and airspace that a sidewalk vendor may occupy, and to ensure that stationary vendors locate their displays in areas that do not interfere with the safety of pedestrians, cyclists or motorists, while also complying with the new regulations set forth pursuant to SB 972 for food and beverage vendors.

The proposed ordinance amends DBCC Section 5.08.090 related to peddling and solicitation, and adds a new Section 5.08.095 related to street vending. A redline/strikeout version is included in Attachment 2.

The key provisions of the proposed ordinance are summarized below.

1. The term “sidewalk vending receptacle” is introduced, which is defined as “a pushcart, stand, display, wagon, showcase, pedal-driven cart, rack, or other nonmotorized conveyance used for sidewalk vending activities.”

2. Sidewalk vending receptacles shall not exceed a total height of four (4) feet, and a total combined width and length of sixteen (16) square feet. An umbrella may be attached to the receptacle, but may be no higher than eight (8) feet above ground level.

3. No more than one sidewalk vending receptacle is permitted per licensed location.

4. A sidewalk vendor shall not be located within 50 feet of another sidewalk vendor.

5. Signage may only be affixed to the sidewalk vending receptacle. An umbrella is not part of the receptacle, and thus no signage may be attached to it.

7.2 Packet Pg. 445

6. Vending from medians is prohibited.

7. Amplified sound is prohibited.

8. All food and merchandise shall be stored either inside or affixed to the sidewalk vending receptacle. No additional table, crate, carton, rack, shade apparatus or any other device may be used to increase the vendor’s display capacity.

9. Sidewalk vendors shall maintain the following minimum distances from specified objects and facilities:
25’
Fire hydrant
Curb that has been designated as yellow or red zone, or a bus zone Driveway, alley, or street corner
Trash or recycling receptacles, bike racks, benches, bus stops or similar public use items
Public art object, item or display
50’ The roadway of any freeway on-ramp or off-ramp
Another sidewalk vendor
100’ Place of worship
Child daycare facility
200’ Any public safety facility, including without limitation, sheriff’s stations, and fire stations
ENVIRONMENTAL REVIEW:

The proposed amendments to the City’s sidewalk vending regulations do not constitute a “project” under the California Environmental Quality Act (“CEQA”) in that they do will not cause a direct or reasonably foreseeable indirect physical change in the environment, and are thus exempt from CEQA. Moreover, minor alterations in land use regulations are categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305, and the purpose of the proposed ordinance is simply to clarify business license application requirements and establish new operational requirements and penalties for sidewalk vendors consistent with state legislation.

7.2 Packet Pg. 446
LEGAL REVIEW:

The City Attorney has reviewed and approved the Ordinance as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 7.2.a Ordinance No. 03 (2023)

2. 7.2.b Redline/strikeout of proposed sidewalk vending regs

3. 7.2.c Photographs of sidewalk vendors in Diamond Bar

4. 7.2.d Senate Bill 946

5. 7.2.e Senate Bill 972

7.2 Packet Pg. 447
ORDINANCE NO. 03 (2023)

AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,

AMENDING THE PROVISIONS OF THE DIAMOND BAR CITY CODE

RELATED TO PEDDLING AND STREET VENDING TO FURTHER
IMPLEMENT SB 946 (2018), SB 972 (2022), AND SAFEGUARD

COMPLIANCE WITH THE AMERICANS WITH DISABILITY ACT
WHEREAS, in 2018 the State Legislature adopted Senate Bill 946, Government Code sections 51036 et seq. (SB 946), establishing permissible regulations that may be imposed by cities upon sidewalk vendors; and
WHEREAS, the City adopted Ordinance No. 01 (2019) establishing regulations applicable to sidewalk vendors in compliance with SB 946; and WHEREAS, in 2022 the State Legislature adopted Senate Bill 972 amending the California Retail Food Code and adding Chapter 11.7 to Part 7 of Division 104 of the Health and Safety Code, Sections 114368 et seq. (SB 972). SB 972 establishes regulations for compact mobile food operations relating to food preparation and sales by sidewalk vendors and other mobile food vendors, which streamlines the permitting processes for sidewalk vendors to obtain health permits and imposes additional limitations over the regulation of sidewalk vendors by the City and the County Health Department; and WHEREAS, the City Council further declares that the regulations enacted by this ordinance, including, but not limited to those governing minimum sidewalk widths, sidewalk vending receptacle sizes, distance requirements, and food and merchandise storage, are intended and necessary to safeguard health, safety, and welfare concerns, including compliance with the federal Americans with Disabilities Act of 1990 (41 U.S.C. § 12131, et seq.) and other disability access standards; and
WHEREAS, in adopting this ordinance the City Council finds that it is in substantial compliance with SB 946 and SB 972 and its provisions are directly related to objective health, safety and welfare concerns.

NOW THEREFORE, the City Council of the City of Diamond Bar does ordain as follows;
Section 1. Section 5.08.090 of the Diamond Bar City Code, entitled “Peddling— Solicitation” is hereby amended in its entirety to read as follows:

Sec. 5.08.090. Peddling—Solicitation.
(a) Definitions:
(1) Commercial shall mean and include the sale of goods, wares or merchandise for profit, whether or not a profit is made, and not for any charitable purpose.

7.2.a
Packet Pg. 448
Ordinance No. 03 (2023)
2 (2) Hawking shall mean advertising, promoting or soliciting customers for the sale of any goods, wares or merchandise, whether or not a sale takes place.
(3) Peddle and peddling shall mean hawking or selling any goods, wares or merchandise, including liquids or edibles for human consumption, by traveling or going by any means of locomotion whatsoever from house to house or business to business.
(4) Solicitation shall mean the request, directly or indirectly, of money, credit, property, financial assistance or other things of value for the commercial or retail sale of goods, wares or merchandise by taking an order for delivery and promising later delivery of such goods, wares or merchandise. Individuals engaged in commercial solicitation for future delivery solely as an incident to engaging in a business otherwise licensed under this chapter and for which the employer has a current, valid license shall not be deemed to be engaged in the business of commercial solicitation.
(b) License fee waivers. Veterans, as defined by Business and Professions Code §§ 16001 and 16001.5, shall not be required to pay a license fee to hawk, peddle or sell goods, wares or merchandise owned by them, except alcoholic beverages.
(c) Identification requirements. All licensed peddlers and solicitors licensed pursuant to this chapter shall carry an original business license, along with picture identification, at all times when peddling.
(d) Operating requirements.
(1) No person shall engage in peddling or solicitation in any area of the city which is zoned for residential uses under this Code between the hours of 8:00 p.m. and 9:00 a.m.
(2) No person shall affix any object to another person, onto private property, or public property without first receiving express permission from such person or the owner of the property.
(3) No peddler shall continue to engage in peddling or solicitation directed at another person, if such person informs the peddler of his or her desire not to be subject to peddling or solicitation.

Section 2. Section 5.08.095 is hereby added to Chapter 5.08 of Title 5 of the Diamond Bar City Code to read as follows:

7.2.a
Packet Pg. 449
Ordinance No. 03 (2023)
3 Sec. 5.08.095. Street Vending.
(a) Definitions:
(1) Certified farmers’ market means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
(2) Food means any type of edible substance or beverage intended primarily for consumption by human beings.
(3) Merchandise means small and easily carried or worn items that are not food, including, but not limited to, souvenirs, toys, articles of clothing, flowers, etc.
(4) Public right-of-way means the area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads within the city that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets.
(5) Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction. (6) School means any public or private educational institution which is run by the state or a subdivision thereof or which is licensed by the state to offer pre-school, elementary or secondary academic instruction, including kindergartens, elementary schools, middle or junior high schools, and high schools.
(7) Sidewalk means that portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to the street, including a public pathway provided for the primary use of pedestrians. (8) Sidewalk vending receptacle means a pushcart, stand, display, wagon, showcase, pedal-driven cart, rack, or other nonmotorized conveyance used for sidewalk vending activities.
(9) Sidewalk vendor means a person who sells food or merchandise from a sidewalk vending receptacle, or from one’s person, upon a sidewalk or other pedestrian path. This definition includes “roaming sidewalk vendor” and “stationary sidewalk vendor.”
(10) Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.

7.2.a
Packet Pg. 450
Ordinance No. 03 (2023)
4 (11) Swap meet means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(12) Vend, vends, or vending means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation. (b) Vending of Food. No person shall sell food without first obtaining a health permit as it may be required by Division 1 of Title 8 and Division 1 of Title 11 of the Los Angeles County Code, as it may be amended from time to time, or subsequent applicable County regulations; and in compliance with Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code.
(c) Operating Requirements. The following operating requirements apply to all sidewalk vendors conducting business in Diamond Bar, irrespective of the date that any such person obtained a business license or began operating. (1) A sidewalk vendor shall only operate on sidewalks and no other portion of the public right-of-way.
(2) The City business license, Los Angeles County Department of Public Health permit (if applicable), and California seller’s permit shall be displayed conspicuously at all times on the sidewalk vending receptacle or the sidewalk vendor.
(3) All signage and advertising related to the sidewalk vendor shall be stored either inside or affixed to the sidewalk vending receptacle.

Signage and advertising shall not be stored, placed, or kept on the public right-of-way or any public property. If affixed to the sidewalk vending receptacle, the overall space taken up by the sidewalk vending receptacle shall not exceed the size requirements in this section.
(4) Sidewalk vendors shall allow a law enforcement officer, code enforcement officer, firefighter, health inspector, or other government official charged with enforcing laws related to sidewalk vendor activities, at any time, to inspect their sidewalk vending receptacles. (5) No person shall engage in vending in any area of the City which is zoned for residential uses under this Code between the hours of 8 p.m. and 9:00 a.m.
(6) No sidewalk vendor shall willfully make, continue, or cause to be made or continued, any loud, unnecessary, or unusual noise that disturbs

7.2.a
Packet Pg. 451
Ordinance No. 03 (2023)
5 the peace or quiet of any neighborhood, or that causes discomfort or annoyance to any person of normal sensitivities. No amplified sound shall be used or permitted.
(7) Sidewalk vendors shall not utilize tables or chairs. Outdoor dining areas are not permitted in the course of sidewalk vending. (8) No person shall affix any object to another person, or onto private property without first receiving express permission from such person or the owner of the property; and no object shall be affixed to any pole, sign, tree or any public property.
(9) No person shall leave any sidewalk vending receptacle unattended. (10) No person shall engage in vending upon any private property without the express permission of the owner or the owner’s agent. (11) Sidewalk vendors shall operate in a clean and sanitary manner, maintain a clean and trash-free ten (10) foot radius around his or her sidewalk vending receptacle, be able to dispose of trash generated by their business, and at all times be in compliance with all applicable laws.
(12) Sidewalk vendors shall not operate within a City park during times when the City park is hosting a City-sponsored event, including, but not limited to such events as the City Birthday Party, Concerts & Movies in the Park, 4th of July Blast, Winter Snow Fest, America Recycles Day, Halloween Party/Barktoberfest, Easter Event, etc., or any other event that has been granted a special event permit by the City, during the duration of the event.
(13) All food and merchandise shall be stored either inside or affixed to the sidewalk vending receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on the public right-of-way or any public property. If affixed to the sidewalk vending receptacle, the overall space taken up by the sidewalk vending receptacle shall not exceed the size requirements provided in this section. Sidewalk vendors shall not set up, maintain, or permit the use of any additional table, crate, carton, rack, shade apparatus or any other device to increase the display capacity of their stand. (14) Except as otherwise permitted under federal, state or local law or regulation, sidewalk vending receptacles shall not exceed a total height of four (4) feet, and a total combined width and length of sixteen (16) square feet. Provided, however, that umbrellas may be used as an attachment to the sidewalk vending receptacle and are allowed to exceed the total height of four (4) feet, but no higher than eight (8)

7.2.a
Packet Pg. 452
Ordinance No. 03 (2023)
6 feet. The umbrella must also provide a minimum of seven (7) feet of vertical clearance above the sidewalk finished grade.
(15) Auxiliary receptacles containing handwashing and warewashing sinks in support of the sidewalk vending receptacle shall be prohibited unless otherwise required in accordance with part 7 of Division 104 of the California Health and Safety Code.
(16) If a sidewalk vending receptacle requires more than one (1) person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five (5) feet of the sidewalk vending receptacle when conducting sidewalk vending activities.
(17) Stationary sidewalk vending is prohibited in all residential areas. (18) A roaming sidewalk vendor shall move from place to place and stop only to complete a transaction.
(19) For public safety reasons, sidewalk vendors shall not engage in vending at the following locations:
a. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than four (4) feet or as necessary to comply with the Americans with Disabilities Act. Sidewalk vendors shall maintain a minimum four (4) foot clear accessible path for pedestrian ingress and egress free from obstructions, including the sidewalk vending receptacle and customer queuing area.
b. Where placement impedes access to or the use of abutting property, including, but not limited to, residences and places of businesses. This requirement is intended to preserve emergency access for the Police, Fire Department, or medical personnel. c. Within twelve (12) inches of any curb face on all roads. d. Within fifteen (15) feet of any entrance or exit to a building, structure or facility.
e. Within fifty (50) feet of another sidewalk vendor.
f. Within one hundred (100) feet of a school, a place of worship, or a child daycare facility.
g. Within fifty (50) feet of the roadway of any freeway on-ramp or offramp. h. Within five (5) feet of a marked crosswalk.

7.2.a
Packet Pg. 453
Ordinance No. 03 (2023)
7 i. Within twenty-five (25) feet of a:
i. Fire hydrant.
ii. Curb that has been designated as yellow or red zone, or a bus zone.
iii. Driveway, alley, or street corner.
iv. Trash or recycling receptacles, bike racks, benches, bus stops or similar public use items.
v. Public art object, item or display.
j. Within two hundred (200) feet of any public safety facility, including without limitation, sheriff’s stations, and fire stations. (20) Businesses that operate on private property are not eligible to obtain a sidewalk vendor business license, and are prohibited from establishing franchises or similar arrangements with sidewalk vendors, or otherwise circumvent the intent of this section. (21) No more than one sidewalk vending receptacle is permitted per licensed location.
(22) No sidewalk vendor shall operate in areas located within five hundred (500) feet of a permitted certified farmers’ market or a permitted swap meet, including nearby parking lots used to accommodate the event, during the limited operating hours of that certified farmers’ market or swap meet.
(d) Additional Application Requirements for Sidewalk Vendors. In addition to the application requirements listed in Section 5.00.040(c), applications for a business license for sidewalk vendors shall include the following information:
(1) The name, address, and telephone number of the person applying to become a sidewalk vendor.
(2) The California driver’s license or identification number, individual taxpayer identification number, or municipal identification number (which shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order). (3) The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity

7.2.a
Packet Pg. 454
Ordinance No. 03 (2023)
8 and/or be responsible for the person(s) working at the sidewalk vending receptacle.
(4) The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle.
(5) The number of sidewalk vending receptacles the licensee will operate within the City under the business license.
(6) Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor.
(7) The day(s) and hours of operation the stationary sidewalk vendor intends to operate at such location(s).
(8) The location(s) in the City where the stationary sidewalk vendor intends to operate.
(9) The dimensions of each sidewalk vending receptacle operating under the business license.
(10) A photograph of each sidewalk vending receptacle operating under the business license.
(11) Whether the sidewalk vendor will be selling food, merchandise, or both.
(12) If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, and whether the vendor requires a heating element to prepare the food.
(13) If the vendor is selling merchandise, a description of the merchandise to be sold.
(14) If required by the Los Angeles County Department of Public Health, a copy of the health permit required for any sidewalk vendors selling food, in accordance with Part 7 of Division 104 of the California Health and Safety Code.
(15) Proof of his or her possession of a valid California Department of Tax and Fee Administration seller’s permit, which shall be maintained during the term of the sidewalk vendor’s business license. (16) An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws.
(17) A certification that, that to his or her knowledge and belief, the information contained within the application is true and correct.

7.2.a
Packet Pg. 455
Ordinance No. 03 (2023)
9 (18) An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys’ fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding. (e) Violations and Penalties: Subject to sections 1.04.030 through 1.04.190 of this Code, a person found in violation of this section shall be subject to the following:
(1) Operating without a valid business license:
a. An administrative fine not exceeding $250.00 for a first violation.
b. An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.
c. An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation. d. The administrative fines listed in this subsection may be reduced from $250.00 to $100.00, $500.00 to $200.00, and $1,000.00 to $500.00 upon submission of proof of a business license before such fines are due.
(2) Operating as a sidewalk vendor in violation of this section, other than the failure to possess a valid business license:
a. An administrative fine not exceeding $100.00 for a first violation.
b. An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.
c. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.

7.2.a
Packet Pg. 456
Ordinance No. 03 (2023)
10 d. The Director, or designee, may rescind a sidewalk business license issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
e. A sidewalk vendor may contest an administrative fine or the rescission of a business license pursuant to the provisions set forth in sections 1.04.030 through 1.04.190 of this Code. f. A sidewalk vendor who has been issued an administrative fine under this chapter may request a determination of his or her ability to pay the administrative fine pursuant to the provisions of Government Code Section 51039(f). If the sidewalk vendor shows proof to the satisfaction of the hearing officer (if the request is made at the time of an administrative appeal hearing), or the Director or his or her designee (if the request is made at any other time), that he or she meets the criteria set forth in Government Code Section 68632, subsections (a) or (b), the fine amount shall be reduced to 20% of the original fine amount.
(3) In addition to the penalties above, violations of Part 7 of Division 104 of the Health and Safety Code shall be subject to the following penalties:
a. A notice of violation detailing the violation, including the applicable provision of Part 7 of Division 104 of the Health and Safety code.
b. An administrative fine not exceeding $100.00 for a second violation within one year of the first violation.
c. An administrative fine not exceeding $200.00 for a third violation within one year of the first violation.
d. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation. (4) A violation of this section shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.
(5) Violations of the regulations of this section not specifically applicable to sidewalk vending and sidewalk vendors, and Section 51039 of the Government Code shall be subject to criminal or civil enforcement pursuant to Chapters 1.04 of this Code, in addition to any other applicable penalties or remedies prescribed by law.

7.2.a
Packet Pg. 457
Ordinance No. 03 (2023)
11 Section 3. If a specific provision of this Ordinance is or becomes illegal, invalid or unenforceable, that shall not affect the validity or enforceability of any other provisions or requirements.

Section 4. The adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act in that it will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Section 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published once within fifteen (15) days after this Ordinance is passed and adopted in a newspaper of general circulation, published and circulated in the City of Diamond Bar and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Diamond Bar on this ____ day of ______, 2023

CITY OF DIAMOND BAR
___________________________
Andrew Chou, Mayor
ATTEST:

I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the ________ day of ____________, 2023 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the ________ day of ____________, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
___________________________
Kristina Santana, City Clerk

7.2.a
Packet Pg. 458
Sec. 5.08.090. Peddling—Solicitation.
(a) Definitions:
(1) Commercial shall mean and include the sale of goods, wares or merchandise for profit, whether or not a profit is made, and not for any charitable purpose.
(2) Hawking shall mean advertising, promoting or soliciting customers for the sale of any goods, wares or merchandise, whether or not a sale takes place.
(3) Peddle and peddling shall mean: (a) hawking or selling any goods, wares or merchandise, including liquids or edibles for human consumption, by traveling or going by any means of locomotion whatsoever from place to place, from house to house or business to business, or (b) hawking or selling any goods, wares or merchandise, including liquids or edibles for human consumption, from or on the street, on any public property or on any private property without the permission of the owner or other person in possession and control of the property. house to house or business to business.
(4) Solicitation shall mean the request, directly or indirectly, of money, credit, property, financial assistance or other things of value for the commercial or retail sale of goods, wares or merchandise by taking an order for delivery and promising later delivery of such goods, wares or merchandise.

Individuals engaged in commercial solicitation for future delivery solely as an incident to engaging in a business otherwise licensed under this chapter and for which the employer has a current, valid license shall not be deemed to be engaged in the business of commercial solicitation. (5) Sidewalk vendor shall mean a person who sells food or merchandise from a pushcart, stand, display, pedal-drive cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a city sidewalk or other city pedestrian path.
(b) License fee waivers. Veterans, as defined by Business and Professions Code §§ 16001 and 16001.5, shall not be required to pay a license fee to hawk, peddle or sell goods, wares or merchandise owned by them, except alcoholic beverages. (c) Identification requirements. All licensed peddlers and solicitors licensed pursuant to this chapter shall carry an original business license, along with picture identification, at all times when peddling.
(d) Operating requirements.
(1) No person shall engage in peddling or solicitation in any area of the city which is zoned for residential uses under this Code between the hours of 8:00 p.m. and 9:00 a.m.

7.2.b
Packet Pg. 459
(2) No person shall affix any object to another person, onto private property, or public property without first receiving express permission from such person or the owner of the property.
(3) No peddler or sidewalk vendor shall continue to engage in peddling or solicitation directed at another person, if such person informs the peddler or sidewalk vendor of his or her desire not to be subject to peddling or solicitation.
(4) No person shall obstruct any street, sidewalk or other place open to the public in a manner which interferes with the members of the public, including those with disabilities, ability to use such facilities in the manner for which they are intended. (5) No person shall engage in peddling or solicitation for commercial purposes upon any designated bike path or dirt trail.
(6) No person shall engage in peddling or solicitation for commercial purposes upon any public property other than a sidewalk or paved/decomposed granite path or upon any private property without the express permission of the owner or the owner's agent. (7) Peddlers and sidewalk vendors shall operate in a clean and sanitary manner, be able to dispose of trash generated by their business and at all times be in compliance with all applicable laws and if selling food, specifically Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code.
(8) Peddlers and sidewalk vendors shall not operate within a city park during times when the city park is hosting a city-sponsored event, or any other event that has been granted a special event permit by the city.
(9) A sidewalk vendor who violates subdivision (d)(1), (7) or (8) of this subdivision shall be subject to administrative fines in the amounts set forth in Government Code section 51039. The fines set forth in Government Code section 51039 shall be in addition to and in not lieu of penalties that may be imposed against sidewalk vendors who violate other generally applicable laws in this Code, including this subdivision. (Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 01(2019) , §§ 2, 3, 1-15-19) Sec. 5.08.095. Street Vending.
(a) Definitions:
(1) Certified farmers’ market means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
(2) Food means any type of edible substance or beverage intended primarily for consumption by human beings.
(3) Merchandise means small and easily carried or worn items that are not food, including, but not limited to, souvenirs, toys, articles of clothing, flowers, etc.
(4) Public right-of-way means the area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads

7.2.b
Packet Pg. 460
within the city that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets. (5) Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(6) School means any public or private educational institution which is run by the state or a subdivision thereof or which is licensed by the state to offer pre-school, elementary or secondary academic instruction, including kindergartens, elementary schools, middle or junior high schools, and high schools.
(7) Sidewalk means that portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to the street, including a public pathway provided for the primary use of pedestrians.
(8) Sidewalk vending receptacle means a pushcart, stand, display, wagon, showcase, pedal-driven cart, rack, or other nonmotorized conveyance used for sidewalk vending activities.
(9) Sidewalk vendor means a person who sells food or merchandise from a sidewalk vending receptacle, or from one’s person, upon a sidewalk or other pedestrian path. This definition includes “roaming sidewalk vendor” and “stationary sidewalk vendor.”
(10) Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.
(11) Swap meet means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(12) Vend, vends, or vending means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.
(b) Vending of Food. No person shall sell food without first obtaining a health permit as it may be required by Division 1 of Title 8 and Division 1 of Title 11 of the Los Angeles County Code, as it may be amended from time to time, or subsequent applicable County regulations; and in compliance with Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code. (c) Operating Requirements. The following operating requirements apply to all sidewalk vendors conducting business in Diamond Bar, irrespective of the date that any such person obtained a business license or began operating. (1) A sidewalk vendor shall only operate on sidewalks and no other portion of the public right-of-way.

7.2.b
Packet Pg. 461
(2) The City business license, Los Angeles County Department of Public Health permit (if applicable), and California seller’s permit shall be displayed conspicuously at all times on the sidewalk vending receptacle or the sidewalk vendor.
(3) All signage and advertising related to the sidewalk vendor shall be stored either inside or affixed to the sidewalk vending receptacle. Signage and advertising shall not be stored, placed, or kept on the public right-of-way or any public property. If affixed to the sidewalk vending receptacle, the overall space taken up by the sidewalk vending receptacle shall not exceed the size requirements in this section.
(4) Sidewalk vendors shall allow a law enforcement officer, code enforcement officer, firefighter, health inspector, or other government official charged with enforcing laws related to sidewalk vendor activities, at any time, to inspect their sidewalk vending receptacles.
(5) No person shall engage in vending in any area of the City which is zoned for residential uses under this Code between the hours of 8 p.m. and 9:00 a.m.
(6) No sidewalk vendor shall willfully make, continue, or cause to be made or continued, any loud, unnecessary, or unusual noise that disturbs the peace or quiet of any neighborhood, or that causes discomfort or annoyance to any person of normal sensitivities. No amplified sound shall be used or permitted.
(7) Sidewalk vendors shall not utilize tables or chairs. Outdoor dining areas are not permitted in the course of sidewalk vending.
(8) No person shall affix any object to another person, or onto private property without first receiving express permission from such person or the owner of the property; and no object shall be affixed to any pole, sign, tree or any public property.
(9) No person shall leave any sidewalk vending receptacle unattended. (10) No person shall engage in vending upon any private property without the express permission of the owner or the owner’s agent.
(11) Sidewalk vendors shall operate in a clean and sanitary manner, maintain a clean and trash-free ten (10) foot radius around his or her sidewalk vending receptacle, be able to dispose of trash generated by their business, and at all times be in compliance with all applicable laws.
(12) Sidewalk vendors shall not operate within a City park during times when the City park is hosting a City-sponsored event, including, but not limited to such events as the City Birthday Party, Concerts & Movies in the Park, 4th of July Blast, Winter Snow Fest, America Recycles Day, Halloween Party/Barktoberfest, Easter Event, etc., or any other event that has been granted a special event permit by the City, during the duration of the event.

7.2.b
Packet Pg. 462
(13) All food and merchandise shall be stored either inside or affixed to the sidewalk vending receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on the public right-of-way or any public property. If affixed to the sidewalk vending receptacle, the overall space taken up by the sidewalk vending receptacle shall not exceed the size requirements provided in this section. Sidewalk vendors shall not set up, maintain, or permit the use of any additional table, crate, carton, rack, shade apparatus or any other device to increase the display capacity of their stand.
(14) Except as otherwise permitted under federal, state or local law or regulation, sidewalk vending receptacles shall not exceed a total height of four (4) feet, and a total combined width and length of sixteen (16) square feet. Provided, however, that umbrellas may be used as an attachment to the sidewalk vending receptacle and are allowed to exceed the total height of four (4) feet, but no higher than eight (8) feet. The umbrella must also provide a minimum of seven (7) feet of vertical clearance above the sidewalk finished grade.
(15) Auxiliary receptacles containing handwashing and warewashing sinks in support of the sidewalk vending receptacle shall be prohibited unless otherwise required in accordance with part 7 of Division 104 of the California Health and Safety Code.
(16) If a sidewalk vending receptacle requires more than one (1) person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five (5) feet of the sidewalk vending receptacle when conducting sidewalk vending activities. (17) Stationary sidewalk vending is prohibited in all residential areas. (18) A roaming sidewalk vendor shall move from place to place and stop only to complete a transaction.
(19) For public safety reasons, sidewalk vendors shall not engage in vending at the following locations:
a. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than four (4) feet or as necessary to comply with the Americans with Disabilities Act. Sidewalk vendors shall maintain a minimum four (4) foot clear accessible path for pedestrian ingress and egress free from obstructions, including the sidewalk vending receptacle and customer queuing area.
b. Where placement impedes access to or the use of abutting property, including, but not limited to, residences and places of businesses. This requirement is intended to preserve emergency access for the Police, Fire Department, or medical personnel.
c. Within twelve (12) inches of any curb face on all roads.

7.2.b
Packet Pg. 463
d. Within fifteen (15) feet of any entrance or exit to a building, structure or facility.
e. Within fifty (50) feet of another sidewalk vendor.
f. Within one hundred (100) feet of a school, a place of worship, or a child daycare facility.
g. Within fifty (50) feet of the roadway of any freeway on-ramp or off-ramp. h. Within five (5) feet of a marked crosswalk.
i. Within twenty-five (25) feet of a:
i. Fire hydrant.
ii. Curb that has been designated as yellow or red zone, or a bus zone.
iii. Driveway, alley, or street corner.
iv. Trash or recycling receptacles, bike racks, benches, bus stops or similar public use items.
v. Public art object, item or display.
j. Within two hundred (200) feet of any public safety facility, including without limitation, sheriff’s stations, and fire stations. (20) Businesses that operate on private property are not eligible to obtain a sidewalk vendor business license, and are prohibited from establishing franchises or similar arrangements with sidewalk vendors, or otherwise circumvent the intent of this section.
(21) No more than one sidewalk vending receptacle is permitted per licensed location.
(22) No sidewalk vendor shall operate in areas located within five hundred (500) feet of a permitted certified farmers’ market or a permitted swap meet, including nearby parking lots used to accommodate the event, during the limited operating hours of that certified farmers’ market or swap meet. (d) Additional Application Requirements for Sidewalk Vendors. In addition to the application requirements listed in Section 5.00.040(c), applications for a business license for sidewalk vendors shall include the following information:
(1) The name, address, and telephone number of the person applying to become a sidewalk vendor.
(2) The California driver’s license or identification number, individual taxpayer identification number, or municipal identification number (which shall not

7.2.b
Packet Pg. 464
be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order).
(3) The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle.
(4) The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle.
(5) The number of sidewalk vending receptacles the licensee will operate within the City under the business license.
(6) Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor.
(7) The day(s) and hours of operation the stationary sidewalk vendor intends to operate at such location(s).
(8) The location(s) in the City where the stationary sidewalk vendor intends to operate.
(9) The dimensions of each sidewalk vending receptacle operating under the business license.
(10) A photograph of each sidewalk vending receptacle operating under the business license.
(11) Whether the sidewalk vendor will be selling food, merchandise, or both. (12) If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, and whether the vendor requires a heating element to prepare the food.
(13) If the vendor is selling merchandise, a description of the merchandise to be sold.
(14) If required by the Los Angeles County Department of Public Health, a copy of the health permit required for any sidewalk vendors selling food, in accordance with Part 7 of Division 104 of the California Health and Safety Code.
(15) Proof of his or her possession of a valid California Department of Tax and Fee Administration seller’s permit, which shall be maintained during the term of the sidewalk vendor’s business license.
(16) An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws.

7.2.b
Packet Pg. 465
(17) A certification that, that to his or her knowledge and belief, the information contained within the application is true and correct.
(18) An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys’ fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding.
(e) Violations and Penalties: Subject to sections 1.04.030 through 1.04.190 of this Code, a person found in violation of this section shall be subject to the following:
(1) Operating without a valid business license:
a. An administrative fine not exceeding $250.00 for a first violation. b. An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.
c. An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation.
d. The administrative fines listed in this subsection may be reduced from $250.00 to $100.00, $500.00 to $200.00, and $1,000.00 to $500.00 upon submission of proof of a business license before such fines are due.
(2). Operating as a sidewalk vendor in violation of this section, other than the failure to possess a valid business license:
a. An administrative fine not exceeding $100.00 for a first violation. b. An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.
c. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.
d. The Director, or designee, may rescind a sidewalk business license issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

7.2.b
Packet Pg. 466
e. A sidewalk vendor may contest an administrative fine or the rescission of a business license pursuant to the provisions set forth in sections 1.04.030 through 1.04.190 of this Code.
f. A sidewalk vendor who has been issued an administrative fine under this chapter may request a determination of his or her ability to pay the administrative fine pursuant to the provisions of Government Code Section 51039(f). If the sidewalk vendor shows proof to the satisfaction of the hearing officer (if the request is made at the time of an administrative appeal hearing), or the Director or his or her designee (if the request is made at any other time), that he or she meets the criteria set forth in Government Code Section 68632, subsections (a) or (b), the fine amount shall be reduced to 20% of the original fine amount.
(3) In addition to the penalties above, violations of Part 7 of Division 104 of the Health and Safety Code shall be subject to the following penalties:
a. A notice of violation detailing the violation, including the applicable provision of Part 7 of Division 104 of the Health and Safety code. b. An administrative fine not exceeding $100.00 for a second violation within one year of the first violation.
c. An administrative fine not exceeding $200.00 for a third violation within one year of the first violation.
d. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.
(4) A violation of this section shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. (5) Violations of the regulations of this section not specifically applicable to sidewalk vending and sidewalk vendors, and Section 51039 of the Government Code shall be subject to criminal or civil enforcement pursuant to Chapters 1.04 of this Code, in addition to any other applicable penalties or remedies prescribed by law.

7.2.b
Packet Pg. 467
Examples of Sidewalk Vending Aesthetic Impacts 7.2.c
Packet Pg. 468
Senate Bill No. 946
CHAPTER 459
An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, relating to sidewalk vendors. [Approved by Governor September 17, 2018. Filed with
Secretary of State September 17, 2018.]
legislative counsel’s digest
SB 946, Lara. Sidewalk vendors.

Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street.

This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county.

The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns. The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority.

The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk 93 7.2.d
Packet Pg. 469
vending, as specified, to petition for dismissal of the sentence, fine, or conviction.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The people of the State of California do enact as follows:

SECTION 1. (a)  The Legislature finds and declares all of the following:
(1)  Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities. (2)  Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise.
(3)  Sidewalk vending contributes to a safe and dynamic public space. (4)  The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending.
(5)  The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations.
(6)  This act applies to any city, county, or city and county, including a charter city. The criminalization of small business entrepreneurs, and the challenges that those entrepreneurs face as a result of a criminal record, are matters of statewide concern. Further, unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California’s economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk.
(b)  It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities.

SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read:

Chapter 6.2. Sidewalk Vendors
51036. For purposes of this chapter, the following definitions apply:
(a)  “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
(b)  “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. 93 Ch. 459 — 2 —

7.2.d
Packet Pg. 470
(c)  “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
(d)  “Local authority” means a chartered or general law city, county, or city and county.
51037. (a)  A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039.
(b)  Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food.
(c)  Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter.
51038. (a)  A local authority may adopt a program to regulate sidewalk vendors in compliance with this section.
(b)  A local authority’s sidewalk vending program shall comply with all of the following standards:
(1)  A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns. (2)  (A)  A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
(B)  Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following:
(i)  Directly related to objective health, safety, or welfare concerns. (ii)  Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.
(iii)  Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(3)  A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise.
(4)  (A)  A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns. (B)  Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors.
(5)  A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, 93 — 3 — Ch. 459

7.2.d
Packet Pg. 471
unless the restriction is directly related to objective health, safety, or welfare concerns.
(c)  A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following:
(1)  Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (2)  Requirements to maintain sanitary conditions.
(3)  Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
(4)  Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license accepts a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order. (5)  Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit. (6)  Requiring additional licenses from other state or local agencies to the extent required by law.
(7)  Requiring compliance with other generally applicable laws. (8)  Requiring a sidewalk vendor to submit information on his or her operations, including, but not limited to, any of the following:
(A)  The name and current mailing address of the sidewalk vendor. (B)  A description of the merchandise offered for sale or exchange. (C)  A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(D)  The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
(E)  If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (d)  Notwithstanding subdivision (b), a local authority may do both of the following:
(1)  Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the 93 Ch. 459 — 4 —

7.2.d
Packet Pg. 472
Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(2)  Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (e)  For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.
51039. (a)  (1)  A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:
(A)  An administrative fine not exceeding one hundred dollars ($100) for a first violation.
(B)  An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. (C)  An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. (2)  A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. (3)  (A)  If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):
(i)  An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
(ii)  An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. (iii)  An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. (B)  Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively. (b)  The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority. 93 — 5 — Ch. 459

7.2.d
Packet Pg. 473
(c)  Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.
(d)  (1)  A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. (2)  Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed. (e)  A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. (f)  (1)  When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.

The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (2)  If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). (3)  The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (g)  (1)  A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.
(2)  Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid.
93 Ch. 459 — 6 —

7.2.d
Packet Pg. 474
(3)  Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).
(4)  If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition.
(5)  Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner. (6)  Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.

SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 51038 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

The Legislature finds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or her California driver’s license or identification number, individual taxpayer identification number, or municipal identification number, when that number is collected in lieu of a social security number for purposes of the issuance of a permit or business license, it is necessary that the sidewalk vendor’s number be confidential, except as provided in this act.

O
93 — 7 — Ch. 459

7.2.d
Packet Pg. 475
Senate Bill No. 972
CHAPTER 489
An act to amend Sections 113818, 113831, and 113868 of, and to add Chapter 11.7 (commencing with Section 114368) to Part 7 of Division 104 of, the Health and Safety Code, relating to retail food. [Approved by Governor September 23, 2022. Filed with
Secretary of State September 23, 2022.]
legislative counsel’s digest
SB 972, Gonzalez. California Retail Food Code.
(1)  Existing law, the California Retail Food Code (the code), establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce these provisions. Existing law, for purposes of the code, defines a “cottage food operation” as an enterprise that has no more than a specified amount in gross annual sales, is operated by a cottage food operator, and has no more than 1 full-time employee within the registered or permitted area of a private home where the food products are prepared and packaged. Existing law provides for the regulation of microenterprise home kitchen operations and limits those operations to not serving more than 30 individual meals per day and not more than 60 individual meals per week and to no more than $50,000 in verifiable gross annual sales, as adjusted for inflation. Existing law authorizes the local enforcement agency to decrease the limit on the number of individual meals prepared based on the food preparation capacity of the operation.

This bill would authorize a cottage food operation or microenterprise home kitchen operation to serve as a commissary or mobile support unit for up to 2 compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile food operation and the storage and cleaning of the compact mobile food operation. The bill would authorize nonpotentially hazardous foods prepared in a cottage food operation to be served from a compact mobile food operation. The bill would define “compact mobile food operation” as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. The bill would require compact food operations to conduct only limited food preparation.
(2)  The code defines “limited food preparation” as food preparation that is restricted to specified activities, including dispensing or portioning of

92 7.2.e
Packet Pg. 476
nonpotentially hazardous food, slicing and chopping of food on a heated cooking surface during the cooking process, and holding, portioning, and dispensing foods that are prepared at a satellite food service or catering operation.

This bill would include in the definition of “limited food preparation” dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing, slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility, hot and cold holding of food previously prepared at an approved permanent food facility, and reheating of food that has been previously prepared at an approved permanent food facility and held at the approved temperatures.
(3)  The code defines “mobile food facility” and regulates what types of food may be provided at a mobile food facility. The code requires mobile food facilities to meet specified health and safety standards, including access to warewashing sinks, restrooms, and handwashing facilities and required quantities of potable water.

This bill would require a compact mobile food operation to meet the applicable requirements of mobile food facilities, except as specified. The bill would exempt a compact mobile food operation that has 25 square feet or less of display area and sells only prepackaged, nonpotentially hazardous foods or whole uncooked produce from the code, except as specified. The bill would authorize a compact mobile food operation to display or sell food outdoors, if certain conditions are met, including, among other things, overhead protection provided above all food display areas. The bill would require a compact mobile food operation that engages in the preparation of raw meat, raw poultry, or raw fish to meet additional specified requirements.

The bill would authorize the enforcement agency to preapprove a standard plan for a standardized or mass-produced facility intended to serve as a compact mobile food operation and would authorize a compact mobile food operation to use that standardized or mass-produced facility after a final inspection, but without submitting plans for the individual unit. The bill would authorize the enforcement agency to collect a fee for the final inspection.
(4)  Existing law requires commissaries and other approved facilities servicing mobile support units, mobile food facilities, and vending machines to meet specified standards.

This bill would authorize an enforcement agency to approve a facility with nonconforming structural conditions if those conditions do not pose a public health hazard. The bill would also require an enforcement agency to approve the storage of a compact mobile food facility in a permitted permanent food facility if, after initial inspection, the agency determines that the compact mobile food facility is protected from contamination. The bill would authorize the enforcement agency to charge a fee to administer these provisions.
92 Ch. 489 — 2 —

7.2.e
Packet Pg. 477
(5)  The code requires a food facility to have a valid permit to be open for business and authorizes the local enforcement agency to charge a fee for the permit or registration or related services.

This bill would authorize the local enforcement agency to reduce the fee for the permit, registration, or related service for an applicant seeking approval of a compact mobile food operation or related operations. (6)  Under existing law, violation of the code is a misdemeanor, unless otherwise specified.

This bill would make violations of the code by an operator or employee of a compact mobile food facility or a sidewalk vendor punishable only by an administrative fine. Additionally, by making changes to the definition of various crimes and by adding new crimes under the code, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. Section 113818 of the Health and Safety Code is amended to read:
113818. (a)  “Limited food preparation” means food preparation that is restricted to one or more of the following:
(1)  Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food. (2)  Dispensing and portioning of nonpotentially hazardous food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing.
(3)  Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4)  Holding, portioning, and dispensing of any foods that are prepared by a catering operation.
(5)  Slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process. (6)  Cooking and seasoning to order.
(7)  Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(8)  Hot and cold holding of food that has been prepared at an approved permanent food facility.
92 — 3 — Ch. 489

7.2.e
Packet Pg. 478
(9)  Reheating of food that has been previously prepared at an approved permanent food facility and held at temperatures required by this chapter. (b)  “Limited food preparation” does not include any of the following:
(1)  Slicing and chopping potentially hazardous food, other than produce, unless it is on the heated cooking surface.
(2)  Thawing.
(3)  Cooling of cooked, potentially hazardous food.
(4)  Grinding raw ingredients or potentially hazardous food. (5)  Washing of foods.
(6)  Cooking of potentially hazardous foods for later use. (7)  Handling, manufacturing, freezing, processing, or packaging of milk, milk products, or products resembling milk products subject to licensing under Division 15 (commencing with Section 32501) of the Food and Agricultural Code.

SEC. 2. Section 113831 of the Health and Safety Code is amended to read:
113831. (a)  “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer.
(b)  “Single operating site mobile food facilities” means at least one, but not more than four, unenclosed mobile food facilities, and their auxiliary units, that operate adjacent to each other at a single location. (c)  “Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

SEC. 3. Section 113868 of the Health and Safety Code is amended to read:
113868. “Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to permit the unit to be moved for cleaning, and does not exceed 100 pounds (46 kg) in weight or is otherwise designed to be mobile.

SEC. 4. Chapter 11.7 (commencing with Section 114368) is added to Part 7 of Division 104 of the Health and Safety Code, to read:

Chapter 11.7. Compact Mobile Food Operation
114368. A compact mobile food operation, as defined in subdivision (c) of Section 113831, shall meet the applicable requirements of Chapter 10 (commencing with Section 114294), except as provided in this chapter. 114368.1. (a)  Any compact mobile food operation with 25 square feet or less of display area from which only prepackaged nonpotentially hazardous food and whole uncooked produce is sold is exempt from the requirements of this part, except that the facility shall comply with all of the following:
92 Ch. 489 — 4 —

7.2.e
Packet Pg. 479
(1)  Sections 113980, 114047, 114049, 114390, 114393, 114397, and 114399.
(2)  Chapter 1 (commencing with Section 113700).
(3)  Chapter 2 (commencing with Section 113728).
(b)  (1)  A local enforcement agency may inspect a compact mobile food operation that is exempt, as specified in subdivision (a), during the facility’s hours of operation and other reasonable times on the basis of a consumer complaint or just cause.
(2)  For the purposes of determining compliance with this chapter, a compact mobile food operation that is not exempt as specified in subdivision (a) is subject to permitting and routine inspections or inspections on the basis of a consumer complaint or just cause.
(c)  The local enforcement agency may recover the costs of investigation and enforcement of this section, subject to any limitations in this part on fines issuable to compact mobile food operations.
114368.2. (a)  Compact mobile food operations shall conduct only limited food preparation, as defined in Section 113818. Notwithstanding any other provision of this part, a compact mobile food operation, as defined in subdivision (c) of Section 113831, may display or sell food outdoors, if all of the following conditions are satisfied:
(1)  Overhead protection are provided above all food display areas. (2)  Food items from the outdoor display are stored consistent with this chapter at all times other than during business hours.
(3)  Outdoor displays comply with Section 113980 and have been approved by the enforcement agency if the compact mobile food operation is required to obtain a permit.
(b)  A compact mobile food operation shall not sell food other than nonpotentially hazardous prepackaged food or whole produce, or conduct any food preparation, unless it meets the applicable operational requirements of this chapter, including applicable requirements for integral equipment, handwashing, and restroom access.
(c)  Equipment that is required to be integral to a compact mobile food operation shall either be permanently attached to the primary unit or securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.
(d)  A compact mobile food operation operating from an individual shall not conduct any food preparation or sell foods other than nonpotentially hazardous prepackaged food or whole produce.
114368.3 (a)  (1)  A permitted cottage food operation or microenterprise home kitchen operation may serve as a commissary or mobile support unit for up to two compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile 92 — 5 — Ch. 489

7.2.e
Packet Pg. 480
food operation and the storage and cleaning of the compact mobile food operation.
(2)  Transactions at a compact mobile food operation operated by a cottage food operator shall constitute “direct sales” for the purposes of paragraph (4) of subdivision (b) of Section 113758.
(3)  Transactions at up to two compact mobile food operations operated by a cottage food operator shall not count toward the annual gross sales restrictions in Section 113758 applicable to cottage food operations if the governing body has authorized this action.
(4)  Nonpotentially hazardous foods prepared in a cottage food operation may be served from a compact mobile food operation.
(5)  Food prepared in a microenterprise home kitchen operation may be served from a compact mobile food operation operated by the microenterprise home kitchen operation permitholder.
(6)  The meal and gross annual sales limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 do not apply to the sale of nonpotentially hazardous food or produce for up to two compact mobile food operations operated by the microenterprise home kitchen operation if the governing body has authorized this action.
(7)  With the authorization of the governing body and if the enforcement agency determines that the operation does not pose a public health hazard, a permitted microenterprise home kitchen operation may serve as a commissary for up to two compact mobile food operations. The meal and gross annual sales limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 apply unless the governing body sets a higher meal and income limitation.
(8)  The governing body of a local jurisdiction that permits microenterprise home kitchen operations pursuant to Section 114367, may set the meal and income limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 at a higher level than provided in those paragraphs for microenterprise home kitchen operations that operate in conjunction with a compact mobile food operation. Notwithstanding this subdivision, the levels in effect, by statute or ordinance, as of January 1, 2023, shall remain in effect until changed by the local jurisdiction.
(b)  (1)  Existing permanent food facilities may be permitted to support the operations and storage of compact mobile food operations pursuant to the requirements of this section.
(2)  Notwithstanding any other provision of this part, upon an evaluation verifying that a permanent food facility satisfies subdivisions (a) to (f), inclusive, of Section 114326, an enforcement agency shall approve the use of a permitted permanent food facility to satisfy the requirements of Section 114295 for a compact mobile food operation.
(3)  Notwithstanding any other provision of this part, upon an evaluation verifying that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination, an enforcement agency shall approve the storage of a compact mobile food operation in a permitted permanent food facility.
92 Ch. 489 — 6 —

7.2.e
Packet Pg. 481
(4)  Except when a determination is made by the enforcement agency that any nonconforming structural conditions pose a public health hazard, the enforcement agency may approve a facility to support operations of a compact mobile food operation.
(5)  Plan submission shall not be required for an existing permanent food facility to support the operations of a compact mobile food operation when a determination is made by the local enforcement agency that the current operation and structural facilities of the permanent food facility can successfully provide the necessary functions of a commissary for a compact mobile food operation.
(6)  An approved permanent food facility that will be used for cooling of food for a compact mobile food operation shall be approved by the enforcement agency for cooling.
(c)  (1)  Unless prohibited by local ordinance, an enforcement agency may allow the use of a private home for the storage of a compact mobile food operation if it determines, after an evaluation, that storage in the private home would not pose a public health hazard and that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination.
(2)  No more than two compact mobile food operations may be stored in a private home unless the enforcement agency finds that storage of more than two compact mobile food operations in a private home would not pose a public health hazard.
(3)  The storage area within the home shall be designated and clearly identified upon approval and shall not be relocated without the review and approval of the local enforcement agency.
(4)  Prepackaged nonpotentially hazardous food, whole fruits, and whole vegetables may be stored in the home prior to sale or preparation of that food in a compact mobile food operation.
(5)  Food prepared in a private home shall not be used or offered for sale on a compact mobile food operation, unless it is a permitted cottage food operation or microenterprise home kitchen operation pursuant to subdivision (a). Violation of this paragraph may result in suspension or revocation of the permit to operate the compact mobile food operation. (6)  For purposes of determining compliance with this subdivision, a local enforcement agency may access, for inspection purposes, a private home where a compact mobile food operation is stored only if the representative has, on the basis of a consumer complaint, reason to suspect that the home is being used for food preparation, food storage, or unauthorized storage of utensils or other food facility equipment in violation of this subdivision. (d)  At the end of the operating day, potentially hazardous food that is prepared on or served from a compact mobile food operation shall be destroyed in a manner approved by the enforcement agency. (e)  For the purposes of this chapter, an endorsement by the local enforcement agency shall be a documented and recorded approval of compliance with applicable sections. An endorsement may include an inspection or evaluation, but shall not require a registration or permit. 92 — 7 — Ch. 489

7.2.e
Packet Pg. 482
(f)  The enforcement agency may collect a fee for any permit, endorsement, inspection, or evaluation issued or conducted pursuant to this chapter in an amount that does not exceed the reasonable administrative costs of the enforcement agency.
114368.4. (a)  Except as provided in subdivision (b), a compact mobile food operation that is approved for limited food preparation that prepares raw meat, raw poultry, or raw fish is subject to warewashing and handwashing facility requirements as outlined in Chapter 10 (commencing with Section 114294).
(b)  (1)  A compact mobile food operation may satisfy the requirements of Sections 114313 and 114314 by demonstrating access to a permitted auxiliary conveyance containing the necessary handwashing and warewashing sinks when operating at a site-specific location. The auxiliary conveyance may be operated by the same or a different permitholder. An enforcement agency may permit an auxiliary conveyance to serve multiple compact mobile food operations operating in close proximity to the auxiliary conveyance, as determined by the enforcement agency.
(2)  If an auxiliary conveyance is not operated by the permitholder of the compact mobile food operation, the operator of the auxiliary conveyance shall obtain a permit from the enforcement agency to operate the auxiliary conveyance and service compact mobile food operations.
(3)  The permit application for an auxiliary conveyance not operated by a compact mobile food operation shall include a site plan and shall be submitted to the enforcement agency at least two weeks prior to the operation of any food facility in conjunction with the auxiliary conveyance. (4)  The site plan for an auxiliary conveyance not operated by a compact mobile food operator shall show the proposed location and storage of the auxiliary conveyance, the proposed locations of any food facilities that will utilize the auxiliary conveyance, restrooms, refuse containers, potable water supply faucets, waste water disposal facilities, and all shared warewashing and handwashing facilities.
(c)  A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall do one of the following:
(1)  Provide a three-compartment sink as described in subdivision (a) of Section 114313.
(2)  Provide at least one two-compartment sink that complies with subdivision (e) of Section 114099.3.
(3)  Provide a one-compartment sink with at least one integral metal drainboard, an adequate supply of spare preparation and serving utensils to replace those that become soiled or contaminated, and warewashing facilities that comply with subdivision (a) of Section 114313 in reasonable proximity to, and readily accessible for use by, food employees at all times. (4)  Maintain an adequate supply of spare preparation and serving utensils on the compact mobile food operation to ensure that utensils used for potentially hazardous foods are replaced with clean and sanitized utensils every four hours or as needed to replace those that become soiled or 92 Ch. 489 — 8 —

7.2.e
Packet Pg. 483
contaminated. A compact mobile food operation that complies with this paragraph is not required to provide a warewashing sink. (d)  A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall provide an integral handwashing sink with at least five gallons of potable water to operate with a potable water tank with a capacity of at least five gallons for handwashing.
(e)  An enforcement agency may permit a compact mobile food operation to operate with an integral water tank smaller than specified under subdivision (c) or (d) of Section 114217 if the enforcement agency finds that the compact mobile food operation is operating in an area and manner that would allow for replenishment of the water supply as needed during operations.
(f)  A compact mobile food operation shall submit, to the enforcement agency, written operating procedures that include the process of filling potable water tanks if it will operate with a water tank with a capacity of less than five gallons specified in subdivisions (c) and (d) of Section 114217. (g)  A compact mobile food operation that does not prepare raw meat, raw poultry, or raw fish is exempt from any provision of this part requiring it be equipped with a water heater or otherwise be supplied with warm water. 114368.5. (a)  Upon receipt of complete, easily readable plans drawn to scale, and specifications satisfactory to the enforcement agency, an enforcement agency may preapprove a standard plan for a standardized or mass-produced individual unit intended to serve as a compact mobile food operation.
(b)  A person proposing to operate a compact mobile food operation who has acquired an individual unit for which the construction of the compact mobile food operation has been built to approved plans shall not be required to submit plans for the individual unit, but instead shall be subject to a final inspection of the compact mobile food operation to ensure that the individual unit and proposed method of operation conform to the standard plans preapproved pursuant to subdivision (a). The permit application for a compact mobile food operation utilizing a preapproved individual unit shall include a certification that the applicant has not substantially altered the individual units from the plans preapproved pursuant to subdivision (a).

The enforcement agency may collect a fee in the final inspection in an amount that does not exceed the reasonable administrative costs to the enforcement agency.
(c)  The repair of equipment or integral fixtures on a compact mobile food operation or the replacement of equipment and fixtures on a compact mobile food operation with substantially similar equipment or fixtures is not a remodel, and the repair or replacement of equipment or fixtures does not require the submission of plans to an enforcement agency. (d)  A local governing body may waive or reduce a fee for the permit, registration, or related services for an applicant seeking approval of a compact mobile food operation or related operations.
92 — 9 — Ch. 489

7.2.e
Packet Pg. 484
(e)  All new and replacement food-related and utensil-related equipment for a compact mobile food operation shall be certified or classified for sanitation by an American National Standards Institute accredited certification program, or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards. In the absence of an applicable certified sanitation standard, food-related and utensil-related equipment shall be evaluated for approval by the enforcement agency. (f)  All new and replacement electrical appliances for a compact mobile food operation shall meet applicable Underwriters Laboratories standards for electrical equipment as determined by an American National Standards Institute accredited certification program or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards.
114368.6. A compact mobile food operation is exempt from Section 113947.1 if the operator and any individual who is involved in the preparation, storage, or service of food for the compact mobile food operation has obtained a food handler card that meets the requirements of Section 113948.
114368.7. A compact mobile food operation is exempt from the requirements of Section 114315 if the compact mobile food operation operates with multiple employees or operators and the compact mobile food operation may remain operable by a single individual so that employees or operators may alternate use of a restroom.
114368.8. (a)  Notwithstanding subdivision (a) of Section 114395, a violation of this part by an operator or employee of a compact mobile food operation is punishable only by an administrative fine. (b)  A violation of any provision of this part or regulation adopted pursuant to this part by an operator or employee of a compact mobile food operation or a sidewalk vendor shall not be punishable as an infraction or misdemeanor, and an operator or employee of a compact mobile food operation or a sidewalk vendor alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.
(c)  Except as provided in paragraph (d), each offense by an operator or employee of a compact mobile food operation or a sidewalk vendor may only be punished by a fine consistent with the following:
(1)  A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part. (2)  An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation. (3)  An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation. (4)  An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. 92 Ch. 489 — 10 —

7.2.e
Packet Pg. 485
(d)  If a compact mobile food operation is required to obtain a permit from the enforcement agency, operating without a permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in subdivision (c). An enforcement agency shall not issue any fines in excess of the amounts allowable pursuant to subdivision (c) prior to January 1, 2024.
(e)  (1)  When assessing an administrative fine for a first-time offense, pursuant to this section, the hearing officer shall take into consideration the person’s ability to pay the fine. The enforcement agency shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(2)  If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.
(3)  The enforcement agency may waive the administrative fine or may offer an alternative disposition.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

O
92 — 11 — Ch. 489

7.2.e
Packet Pg. 486