Agenda #: 7.1
Meeting Date: August 1, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AMENDMENTS TO TITLE 16 OF THE DIAMOND BAR CITY CODE TO ADOPT, BY REFERENCE, TITLE 32, FIRE CODE OF THE LOS
ANGELES COUNTY CODE, AS AMENDED, WHICH CONSTITUTES
AN AMENDED VERSION OF THE CALIFORNIA FIRE CODE, 2022
EDITION.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Hear the staff presentation, receive public testimony and discuss; B. Determine that the proposed action does not constitute a project and is therefore exempt from the California Environmental Quality Act (“CEQA”); and C. Introduce for first reading by title only, waive full reading of Ordinance No. 02 (2023), and set for public hearing, second reading and adoption at the August 15, 2023 City Council meeting.
BACKGROUND:
Every three years, the California Building Standards Commission updates the California Building Standards Codes (“California Codes”), a compendium of construction standards intended to ensure that buildings are constructed and renovated in a manner that is safe, green, and provides a decent quality of life for the buildings’ occupants.
The commission published the 2022 updates in July 2022. Included among the California Codes is the California Fire Code.
The California Codes serve as the baseline construction standards for all local governments in the state. Cities and counties may adopt amendments to the California Codes to enact more restrictive building standards as needed to protect the public health, welfare and wellbeing due to local climatic, geologic and topographic conditions.
The City Council adopted the 2022 California Codes with local amendments on
November 15, 2022 [Ordinance No. 03(2022)]. For the reasons discussed below, the ordinance did not include local amendments to the Fire Code.
Diamond Bar is one of 58 cities which are members of the Consolidated Fire Protection District of Los Angeles County (“District”), with fire protection services provided by the Los Angeles County Fire Department. The District prepares the amendments to the California Fire Code on behalf of the Fire Department’s client cities and unincorporated portions of the County. The California Fire Code with the District amendments, is then adopted as Title 32 of the Los Angeles County Code, and becomes the Fire Code for the District (“District Fire Code” or “LACFC”). Because of the District’s broad geographic jurisdiction, amendments that address the diverse characteristics of the region commonly require additional time to craft.
On January 31, 2023, the Board of Supervisors, acting as the governing board for the District, adopted the 2022 District Fire Code, which then became effective beginning March 2, 2023. The City must now ratify the District Fire Code as the Fire Code for the City in order to delegate enforcement authority to the District Fire Chief.
ANALYSIS:
The proposed ordinance amends Title 16 of the Diamond Bar Municipal Code by incorporating the 2022 District Fire Code. The District Fire Code amendments to the California Fire Code are necessary to address local climatic, geologic and topographic conditions. For the most part, the District Fire Code amendments are simply carryovers from prior code updates, and most amendments are technical in nature.
An important new requirement pertains to the local adoption of Very High Fire Hazard Severity Zone (VHFHSZ) information. Section 4904.3 of the State Fire Code (incorporated by reference into the District Code) requires local agencies to make new or updated VHFHSZ information, including maps, available for public review within 30 days after the State’s publication of this information. Local agencies must then designate by ordinance the local VHFHSZ maps. The State Fire Marshal is working on these maps, which will be brought to the Council once ready for local adoption.
For convenience, the entire text of the District Fire Code is provided under Attachment 2, and has been highlighted with underlining and strikeouts to show where the changes were made.
ENVIRONMENTAL REVIEW:
The proposed adoption of the 2022 Edition of the District Fire Code does not constitute a project under the California Environmental Quality Act (“CEQA”). As such, this matter is exempt under CEQA.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Ordinance as to form.
NOTICE OF PUBLIC HEARING:
Pursuant to California Government Code 50022.3, a public hearing notice will be published in the San Gabriel Valley Tribune at least 10 days prior to the public hearing on August 15, 2023.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 7.1.a Ordinance 02 (2023); 2022 Fire Code
2. 7.1.b Exhibit "A" - L.A. County Ord. No. 2023-0008 (Fire Code Update)