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.
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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
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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
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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: T he 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:
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TABLE B105.2
REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO- FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)
MINIMUM FIRE-
FLOW
(gallons per minute)
FLOW DURATION
(hours)
No automatic sprinkler system Value in Table
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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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. A ppendix 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.
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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:
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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.
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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
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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).
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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FIRE SAFETY FIELD INSPECTION
TYPE OF INSPECTION FEEa
1 State of California Form 850 - Fire Safety Inspection Request $390.00 a. Per inspection.
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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
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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
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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.
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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
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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.
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
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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
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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 lithium-
based 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
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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.
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.
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
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,
HOA.103903238.11 281
Section Local Condition Explanation and Findings
Equipment
and
disconnection-
means 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
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
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 water-
control 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
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
fire-
extinguishing
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 fire-
extinguishing 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.
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 basement-
level 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.
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
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
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
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
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,
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
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 high-
rise 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.
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 – Dust-
collection
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
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.
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
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
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.
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 LP-
gas 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 – One-
and 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
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 – One-
and 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 R-
3 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
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]
Ordinance No. 1855
ORDINANCE NO. 1855
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDENA,
CALIFORNIA, ADOPTING THE MOST RECENT VERSION OF THE LOS ANGELES COUNTY FIRE CODE AS SET FORTH IN TITLE 32 OF THE LOS ANGELES
COUNTY CODE BY REFERENCE AND FINDING THE ACTION EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO THE COMMON SENSE EXEMPTION OF CEQA GUIDELINES SECTION 15061(b)(3)
WHEREAS, California Health & Safety Code section 18901 et seq. provides that the Building Standards Commission shall adopt a California Building Standards Code ( "CBSC") based on specified uniform codes with input from various State Departments; and
WHEREAS, the 2022 CBSC has been adopted and is codified in Title 24 of the California Code of Regulations and the 2022 California Fire Code is Part 9 thereof; and
WHEREAS, the 2022 California Fire Code has applied by default to the City since January 1, 2023; and
WHEREAS, California Health & Safety Code provides that a city or county may make changes in the provisions in the CBSC or upon finding that such changes or modifications are reasonably necessary because of local climatic, geologic, or topographic conditions; and
WHEREAS, due to an initiative measure passed by the voters in 1999, the City of Gardena is required to adopt the most current version of the Los Angeles County Fire Code by reference; and
WHEREAS, on March 2 , 2023, the Los Angeles County Board of Supervisors adopted the revised Los Angeles County Fire Code which includes changes and amendments to the 2022 California Fire Code (Ordinance No. 2023- 0008); and
WHEREAS, pursuant to Government Code section 50022.2, the City may adopt a code by reference; and
WHEREAS, County Ordinance No. 2023-0008 includes a statement of reasons based on climatic, geological, and topographical conditions for amendments to the 2022 Fire Code; and
WHEREAS, the City Council of Gardena adopts the same justifications as the County for the amendments as set forth In Ordinance No. 20223-008; and
DocuSign Envelope ID: 27E80476-681C-4581-943C-E3E5F5FF84D6 Ordinance No. 1855
WHEREAS, the City Council of the City of Gardena introduced this Ordinance on June 13, 2023 and set a public hearing for July 11, 2023; and
WHEREAS, a duly noticed public hearing was held on July 11, 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
GARDENA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 8.08.020 of the Gardena Municipal Code is hereby amended to read as follows:
Section 8.08.020. Los Angeles County Fire Code Version.
Pursuant to section 8.08.010, which requires the city to adopt the latest version of the Los Angeles County Fire Code by reference, the version of the Los Angeles County Fire Code for the city shall be the version of Title 32 of the Los Angeles County Code as set forth in Ordinance No. 2023-0008 adopted by the Los Angeles County Board of Supervisors on March 2, 2023.
SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional , such decision shall not affect the validity of the remaining portion of the ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional.
SECTION 3. City Clerk Direction. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of the City ; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause a summary of the ordinance to be published as required by law.
SECTION 4. A fully copy of the code which is adopted by reference herein shall be kept either in the City Clerk's office or in the office of the chief enforcement officer for the fire code during all such times as this ordinance is in effect.
SECTION 5. Effective Date. This ordinance shall not become effective or be in force until thirty days from and after the date of this adoption.
DocuSign Envelope ID: 27E80476-681C-4581-943C-E3E5F5FF84D6 Ordinance No. 1855
Passed, approved, and adopted this 11th day of July, 2023
TASHA CERDA, Mayor
ATTEST:
MINA SEMENZA, City Clerk
APPROVED AS TO FORM:
______________________________________
CARMEN VASQUEZ, City Attorney
DocuSign Envelope ID: 27E80476-681C-4581-943C-E3E5F5FF84D6
TO: Honorable Mayor Cerda and Members of
the City Council
DATE: July 6, 2023
FROM: Amanda Acuna, Senior Planner REF:
SUBJECT: Continuation of Agenda Item #13.C
On June 20, 2023, the Planning Commission adopted Resolution No. PC 10 -23, recommending the City Council approve Ordinance No. 1854, to make amendments to the Gardena Municipal Code relating to Short-Term Home Sharing Rentals.
In light of recent case law developments on the subject matter, staff has made further revisions to draft Ordinance No. 1854.
This item will be brought back to the Planning Commission on July 18, 2023, for review and consideration of a recommendation to the City Council.
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 16.A
Section: DEPARTMENTAL
ITEMS - PUBLIC WORKS
Meeting Date: July 11, 2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Approve Contracts for Southern California Edison to Build Infrastructure for Electric Vehicle Chargers for Arthur Johnson Park, Rowley Park, and the Police Department Parking Lot.
COUNCIL ACTION REQUIRED:
Staff Recommendation: Approve the Contracts for Southern California Edison to Build the Infrastructure for Electric Vehicle Chargers.
RECOMMENDATION AND STAFF SUMMARY:
In May 2023, the City Council approved the Conceptual Design for 70 Electric Vehicle chargers for Arthur Johnson Park, Rowley Park and the Police Department Parking Lot. In order to proceed with Southern California Edison (SCE) to build the infrastructure for the Electric Vehicle Chargers at no cost to the City, executed contracts are required.
The City Attorney previously reviewed and approved the contract to expedite the process.
After the SCE contracts are executed, SCE will build the infrastructure to bring electricity from the current transformer to the proposed parking spaces that will have electric vehicle chargers.
An authorized third-party will then install the electric vehicle chargers which will be funded by the City for approximately $100,000.
Staff recommends that the City Council approve the contracts for SCE to build the infrastructure for electric vehicle chargers at Arthur Johnson Park, Rowley Park, and the Police Department parking lot.
FINANCIAL IMPACT/COST:
There is no charge for SCE to build the infrastructure for the electric vehicle chargers.
ATTACHMENTS:
SCE Charge Ready Contract_Johnson Park.pdf
SCE Charge Ready Contract_PD Parking Lot.pdf
SCE Charge Ready Contract_Rowley Park.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
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Charge Ready
Charging Infrastructure and Rebate
Participation Agreement
This Charge Ready Charging Infrastructure and Rebate Participation Agreement (Agreement) sets forth the terms and conditions for Program Participant to participate in the Program. Pursuant to the terms of this Agreement, SCE will (1) install the Infrastructure (as defined herein) at no cost to the Program Participant; and, (2) if applicable, remit the Charging Equipment Rebate, and/or the Maintenance and Networking Rebate after all terms and conditions have been met by the Program Participant.
All Program Participants are eligible for no-cost installation of the utility-side and Customer-Side Make-Ready Infrastructure.
Program Participant hereby agrees to the following terms and conditions of the Charge Ready Charging Infrastructure and Rebate Program (the “Program”).
APPROVED CHARGING PORTS
1. Total Number of Approved Charging Ports:
The commitment to procure and install the number of approved Charging Ports applies whether or not the Program Participant is eligible to also receive a rebate for the installed charging equipment, as SCE will design and install the Infrastructure based on this commitment.
The Program Participant is required to install the quantity and power level of approved Charging Ports set forth in this Agreement. Failure to procure and install the agreed upon number may lead to termination of this Agreement, at SCE’s discretion.
Number of Charging Ports and Power Levels approved by SCE.
Power Level (L2) Port count: 25
2. Rebates (if applicable):
2.1. Charging Equipment Rebate (not applicable)
APPROVED SITE LOCATION AND DESIGN
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3. Description of Approved Location at the Site:
Brief description of the mutually approved location on the Program Participant’s Site where Infrastructure will be installed.
Site Description: Arthur Johnson Park
Site Address: 1216 W 170TH ST, GARDENA, CA, 90247
4. Conceptual Design of the Infrastructure deployment at Program Participant’s Site:
Program participant has reviewed and approved the Conceptual Design, as provided by SCE, showing the location within the Site where SCE will deploy the charging infrastructure. MAKE-READY INFRASTRUCTURE WORK
5. The Make-Ready Infrastructure:
If the Program Participant elects to have SCE install the entire Make-Ready Infrastructure, SCE will do so at no cost to the Program Participant. In this case, the Make-Ready Infrastructure will be part of the “Infrastructure” as defined in this Agreement.
SCE-installed Customer-Side Make-Ready Infrastructure.
PROGRAM PARTICIPATION TERMS AND CONDITIONS
Program Participant agrees that its participation in the Program is subject to the following terms and conditions:
6. Definitions:
6.1. AHJ – Authority Having Jurisdiction: The responsible government entity having geographically-based jurisdiction that typically approves, inspects, and permits construction projects (e.g., City, County, Fire, Division of State Architect, etc.).
6.2. Approved Product List: The list of Charging Equipment meeting SCE’s technical requirements and approved by SCE for use in its Charge Ready Programs. Program Participant must select Charging Equipment from the Approved Product List to receive applicable Charging Equipment Rebate (if available).
6.3. CalEnviroScreen: see Disadvantaged Communities.
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6.4. Charging Equipment: Qualifying Charging Equipment that meets the technical specifications set forth by SCE. Charging Equipment that qualifies for the Rebate, if available.See also Power Levels.
6.5. Charging Equipment Supplier: The entity from which the Charging Equipment is purchased.
6.6. Charging Equipment Rebate: Financial reimbursement paid to an eligible Program Participant, or its designee, pursuant to this Agreement, to off-set a portion of the purchase of approved Charging Equipment.
6.7. Charging Ports: See Charging Stations.
6.8. Charging Stations – EV Charging Equipment: EV Charging Equipment interconnects with the electricity grid at a charging site to an electric vehicle, whether using alternating current (AC) or direct current (DC). An individual charging station unit may contain one or more charging ports for the purpose of connecting the electric vehicle to a grid connected power source capable of recharging the vehicle’s battery pack. The individual connectors of the Charging Station are referred to as ports (referred to in this agreement as Charging Ports). Each charging station may charge one or more vehicles depending on the number of ports with which each unit is equipped. For dual-port stations, each port must be capable of delivering full power to both vehicles that are charging simultaneously. . For example, a dual-port L2 station rated at 7.2 kW must be able to deliver 7.2 kW of power to both vehicles when two vehicles are charging simultaneously.
6.9. Commitment Period: The ten (10) year period where Program Participant must maintain all Charging Equipment in working order at the Site. The Commitment Period will commence on the In-Service Date of the Charging Equipment.
6.10. Conceptual Design: Map and related documents, as applicable, that show the proposed layout of the Infrastructure and Charging Equipment, including but not limited to, conduit routing and equipment placement.
6.11. California Public Utilities Commission (CPUC): The California state regulatory agency that is responsible for regulating privately owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies.
6.12. CPUC’s Transportation Electrification Safety Requirements Checklist: The Safety Requirements Checklist applies to CPUC- Page | 4
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Approved Transportation Electrification Programs and can be downloaded from: www.cpuc.ca.gov/WorkArea/DownloadAsset.aspx? id=6442458882
6.13. Customer-Side Infrastructure: See “Make-Ready Infrastructure.”
6.14. Customer-Side Make-Ready Rebate: The rebate intended to offset a portion of the Participant’s costs if Participant elects to perform the Customer-Side Make-Ready Infrastructure work, following the completed installation of the Make-Ready Infrastructure and submission of required documentation.
6.15. Demand Response: Demand Response (DR) programs encourage a reduction of electricity use during certain time periods, typically during on-peak hours or when demand for electricity is high, and/or can provide incentives to use electricity during periods of excess generation or when demand for electricity is lower.
6.16. Disadvantaged Communities (DACs): Census tracts in SCE’s service territory with a top quartile score according to California Environmental Protection Agency’s California Communities Environmental Health Screening Tool. SCE will use the current applicable version of the CalEnviroScreen tool to verify site status.
6.17. Enrollment Portal: The website where Program Participants can apply for the Program, check application status, and upload most required documents.
6.18. Electric Vehicle Infrastructure Training Program (EVITP) Certification: The document certifying an electrician has gone through the Electric Vehicle Infrastructure Training Program process. For more information, please visit https://www.evitp.org.
6.19. Fortune 1000: Fortune 1000 companies include companies listed on the Fortune 1000 list, subsidiaries of Fortune 1000 companies, corporate stores of Fortune 1000 companies, and international companies with annual revenue at or above the lowest cutoff point in Fortune 1000.
6.20. Final Design: Map and related documents, as applicable, that show the proposed layout of the Infrastructure and Charging Equipment, including but not limited to, conduit routing and equipment placement. The Final Design is the engineered construction drawing submitted for permitting and will be completed after this Agreement is executed and prior to start of construction.
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6.21. Final Invoice: Statement of the total amount paid by Program Participant to Charging Equipment Supplier(s) for the purchase, and installation of the Charging Equipment.
6.22. Grant of Easement: A contractual agreement to grant right of way for SCE to construct, maintain, operate, and repair any SCE-installed infrastructure. (see Appendix A link)
6.23. In-Service Date: The earliest date on which the EV Charging Equipment is installed and operational.
6.24. Infrastructure: The necessary Infrastructure on both the utility-side and customer-side of the electric meter (i.e., “make-ready”) that SCE will design, construct, and install at no cost to the Program Participant pursuant to this Program. Infrastructure, as defined herein, does NOT include (1) purchase or installation of the Charging Equipment; or (2) the customer-side portion of the Make-Ready Infrastructure, if the Program Participant elects the self-installed Customer-Side Make-Ready Infrastructure option.
6.25. Make-Ready Infrastructure: Infrastructure located on both the utility-side and customer-side of the meter is also referred to as the Make-Ready Infrastructure. The Utility-Side Infrastructure includes all infrastructure work from SCE’s distribution system to a new circuit panel that will be installed to support EV charging. SCE will always be responsible for designing, procuring, installing, and maintaining the necessary infrastructure located on the utility side of the meter. The Customer-Side Make-Ready Infrastructure includes all infrastructure from the new panel that will be set as part of the Utility-Side Infrastructure work, up to the first point of interconnection with the Participant’s Charging Equipment.
Participants will have the option to have SCE perform the Customer-Side Make-Ready Infrastructure work or perform that work themselves and qualify to receive the Customer-Side Make-Ready Rebate.
6.26. Make-Ready Rebate: See Customer-Side Make-Ready Rebate.
6.27. Multi-Family Property (also referred to as multi-unit dwelling, or MUD).
The definition for enhance rebate qualifying sites include:
6.27.1.Residential properties – Structures that are designed to accommodate two or more tenants with shared parking areas.
6.27.2.Apartment Buildings – Structure(s) containing two or more dwelling units that may also include common areas and facilities, Page | 6
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e.g., entrances, lobby, elevators or stairs, mechanical space, walks, grounds, recreational facilities, and parking both covered and open.
6.27.3.Retirement Communities, Townhomes, Condominiums – Residential communities with shared parking areas managed by an HOA or an equivalent association.
6.27.4.Mobile Home Parks – Residential mobile home communities with shared parking areas.
6.27.5.University & Military Housing – Student or military housing units or apartments with individual cooking facilities (except conventional dormitories and barracks with cafeteria type kitchens).
6.27.6.Timeshares – Vacation property communities with shared parking areas managed by an HOA or an equivalent association.
6.27.7.Public Parking with Dedicated Overnight Resident Passes – Public parking lots designated for nearby multi-family residents for overnight parking. Charging Stations can be open for public use during day-time hours.
6.28. Network Service Provider: The third-party entity that will provide Network Services for the Charging Equipment. The Network Service Provider will be required to transmit port level data and other information to SCE complying with Program requirements.
6.29. Ports: See Charging Stations.
6.30. Power Levels: Charging Equipment Power Levels.
Level 1 (L1) Charging: Low power charging, typically at or below 120 volts.
Level 2 (L2) Charging: Medium power charging, typically delivered between 220 and 240 volts.
Direct Current Fast Charging (DCFC): Charging equipment that provide a high-power DC current, and for this program at least 50 kW, to the electric vehicle's battery without passing through any onboard AC/DC converter, which means the current is connected directly to the battery.
6.31. Preliminary Design: The set of engineered, working drawings of the Infrastructure. The design includes project specifications, conduit routing, electrical equipment specifications and calculations, project related Site improvements and construction details
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6.32. Program: Also referred to as the Charge Ready Charging Infrastructure and Rebate Program. This Program is designed to help Program Participants install the charging infrastructure needed to enable drivers to refuel their light-duty electric vehicles.
6.33. Program Guidelines: Program reference documents developed by SCE that provide program information, including but not limited to the program participation requirements.
6.34. Program Participant: The SCE non-residential entity that enters into this Agreement.
6.35. Property Owner/Site Owner: Individual or entity authorized representative of entity holding title in the Site where the Charging Equipment and Infrastructure will be located.
6.36. Rebate Payment: The payment made by SCE to Program Participant, or its designated assignee, after the eligible Program Participant procures and installs the Charging Equipment, meets the qualification requirements for the Customer-Side Make-Ready Rebate, and/or the Maintenance and Networking Rebate, in accordance with this Agreement, as verified by SCE, in SCE’s sole discretion.
6.37. Site: The premises, owned, leased or operated by Program Participant, where the Charging Equipment will be installed.
6.38. Time-of-Use (TOU) Rate Plans: Rate plans which feature energy charges that vary based on the time of day, the day of the week, and the season. Some plans also include demand charges that are based on the maximum amount of electricity your business uses at once.
6.39. Utility-Side Infrastructure: See Make-Ready Infrastructure.
7. Eligibility.
Program Participant certifies that it meets, and will continue to meet throughout its participation in the Program, all eligibility requirements of the Program, including, but not limited to:
7.1. Program Participant is a non-residential SCE entity with at least one active service account.
7.2. The installation site is located in SCE’s service territory.
7.3. Program Participant agrees to provide, or cause the Site Owner to provide, SCE with the rights of way across public or private property (as applicable) and to obtain any necessary permits to install Charging Equipment, without cost to SCE.
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7.4. Program Participant will comply with all Program requirements outlined in the Charge Ready Program Guidelines.
8. Additional Representations of Program Participant during the Term of the Agreement.
Program Participant:
8.1. Program Participant agrees to purchase and install the Charging Equipment, as set forth in this Agreement. Program Participant agrees that the number of Charging Ports and their charging power level set forth in Section 1 cannot be modified after execution of this Agreement, without express written consent of SCE, at SCE’s discretion.
8.2. All charging equipment must be approved by SCE for installation under this Program, in a quantity approved by SCE.
8.3. Program Participant agrees to have APL listed charging equipment installed by a qualified C-10 licensed and insured contractor.
8.4. Agrees to ensure their EVSE equipment installer follows all relevant State and local codes, and AHJ permitting requirements. All installed equipment must be correctly rated for the location where it will be installed (outdoor rated if applicable, conforming with ventilation requirements). The EV charging current shall not exceed 80% of the branch circuit rating. All EVSE installations must comply with the SB350 safety requirement checklist.
8.5. Agrees to ensure their EVSE equipment installer will not install and energize any EVSE or associated equipment capable of generation or bidirectional operation without Permission to Operate from SCE.
8.6. Agrees to procure, own, install, operate, and maintain the Charging Equipment in good working order at the site for a minimum of ten (10) years from the In-Service Date of Charging Equipment (“Commitment Period”).
8.7. Agrees that, if at any time during the Commitment Period the Charging Equipment is replaced, only SCE approved EVSE will be installed and all associated costs will be the responsibility of the Program Participant.
8.8. Agrees to contract with a qualified electric vehicle charging equipment Network Service Provider approved by SCE to record and transmit EV charging usage and other data to SCE.
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8.9. Program Participant authorizes SCE to act on Program Participant’s behalf to voluntarily grant a Third Party access to receive information relating to Charging Station data, billing records, billing history, pricing information, and all meter usage data used for bill calculation for all meters participating in this Program. This authorization expires ten (10) years from the Charging Equipment’s In-Service Date.
8.10. Program participant authorizes the use of the collected Charging Station and related meter and billing data for regulatory reporting, program evaluation, industry forums, case studies or other similar activities, in accordance with applicable laws and regulations.
8.11. Acknowledges and agrees that the actual Make-Ready Infrastructure may vary from the Conceptual Design, if, in SCE’s sole discretion, actual Site conditions or AHJ direction requires such changes.
8.12. Acknowledges that funding pursuant to this Agreement is only reserved after SCE receives a copy of this Agreement signed by Program Participant and Property Owner (if different from Program Participant).
The Program Participant also acknowledges that reserved funding may be withdrawn, and SCE may terminate this Agreement, both in SCE’s sole discretion, if Program Participant breaches the Agreement.
8.13. Agrees to comply with the established timelines and required documentation set forth in the Program Guidelines.
8.14. Represents and warrants that if Program Participant has applied for or received any other incentives or rebates for the Charging Equipment, Customer-Side Make-Ready Infrastructure, or Charging Equipment Maintenance and Networking program Participant shall notify SCE of any such incentives or rebates as soon as reasonably practicable. In the event that any such incentives or rebates, when combined with Program rebates, would reimburse Program Participant for more than 100 percent of their costs, SCE shall decrease the issued rebate amount if not yet paid, or if already paid, submit a reimbursement request to the Program Participant for the amount of the Rebate Payment exceeding 100 percent of the Participants costs.
8.15. Program Participant agrees that the electricity meter(s) associated with the EV charging equipment will be provided service under a TOU rate plan.
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8.16. Participants must enroll in at least one qualifying Demand Response Program.
8.17. Agrees to ensure information of newly installed Charging Equipment, if accessible to the general public, will be registered with the US Department of Energy’s Alternative Fuel Data Center (https:// afdc.energy.gov/stations/#/analyze), and with the US Department of Energy’s EV Charging Station Locations mapping tool, accessible at (https://www.afdc.energy.gov/fuels/electricity_locations.html#/find/ nearest?fuel=ELEC), and that only one set of information is reported between the Program Participant and Charging Equipment Supplier.
8.18. Agrees to submit a completed IRS tax form W-9, and California Franchise Tax Board form 590 if applicable, or to provide line items from those forms as SCE may request, in order for SCE to process any Rebate Payment.
8.19. Represents and warrants that the execution and delivery of this Agreement, and the performance by Program Participant of its obligations under this Agreement, have been duly and validly authorized, and this Agreement is a legal, valid and binding obligation of Program Participant.
8.20. SCE, at its sole discretion and in accordance with its applicable tariffs, design standards, and AHJ permitting requirements, will locate, design, and install the utility-side, and possibly the customer-side Infrastructure depending on the Participants choice. SCE is responsible for all costs associated with Infrastructure deployed by SCE pursuant to this Agreement.
8.21. SCE will pay the Charging Equipment Rebate, if applicable, after SCE has verified correct installation of the Charging Equipment, consistent with this Agreement, subject to Program Participant meeting all Program requirements. The actual Charging Equipment Rebate Payment amount shall not exceed the actual reasonable costs of the Charging Equipment, and its installation, as set forth in the Final Invoice(s) and consistent with the Program Participant’s contract with the Charging Equipment Supplier(s) and installers.
8.22. SCE will pay the Maintenance and Networking Rebate to qualifying participants following the installation of the Charging Equipment and subject to Program Participant meeting all Program requirements.
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8.23. For sites that qualify to participate under the Multi-Family Property sites definition by providing Public Parking with Dedicated Overnight Resident Passes, Participant agrees to ensure that overnight parking will be reserved and dedicated for nearby multi-family residents for the duration of the commitment period.
8.24. Agrees to participate in SCE sponsored customer satisfaction and other surveys following completion of the Project, upon request of SCE.
9. Term and Termination:
9.1. Term: The term of this Agreement shall begin upon the date that both Parties have signed the Agreement and end ten (10) years from the In- Service Date of the Charging Equipment, unless otherwise terminated earlier pursuant to this Agreement (“Term”).
9.2. Termination: If the Program Participant fails to comply with any of the terms and conditions of this Agreement, SCE, in its sole discretion, may terminate this Agreement after sending Program Participant a notice of default that remains uncured for five (5) business days from receipt, except in the case of a safety or security violation, in which case, SCE may terminate the Agreement immediately and take all other necessary actions, including but not limited to, disconnecting power to the Charging Equipment, in SCE’s sole discretion, to cure such safety or security violation(s).
9.3. Termination Costs: If this Agreement is terminated prior to the end of the Term because (1) Program Participant terminates its participation in this Program, (2) Program Participant, prior to the end of the Commitment Period, fails to install, or removes without replacing, the Charging Equipment or Program Participant-owned make-ready infrastructure, if applicable; or (3) SCE terminates this Agreement due to Program Participant’s failure to comply with the terms and conditions of the Agreement, in accordance with Section 9.b. (Termination) hereof, the Program Participant shall pay (a) all costs actually incurred, or committed to be incurred, by SCE, as of the termination date, in connection with designing and deploying the Infrastructure at the Site; and (b) the Rebate Payment (if already paid). If the Charging Equipment or the Make-Ready Infrastructure, if applicable, are installed, the amount due to SCE for both (a) and (b) above will be prorated over a ten-year period, beginning from the In-Service Date of the Charging Equipment. SCE will invoice the Page | 12
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Program Participant for such costs, and Program Participant shall pay such invoice within sixty (60) days of receipt.
10. Indemnification and Liability; No Representations or Warranties
10.1. Program Participant understands that SCE makes no representations regarding manufacturers, dealers, contractors, materials or workmanship of the Charging Equipment. Further, SCE makes no warranty, whether express or implied, including without limitation the implied warranties of merchantability and fitness for any particular purpose, use, or application of the products and services under the Program. Program Participant agrees that SCE has no liability whatsoever concerning (1) the quality, safety or installation of such products, including their fitness for any purpose, (2) the workmanship of any third parties, (3) the installation or use of the products. Program Participant hereby waives any and all claims against SCE, its parent companies, directors, officers, employees, or agents, arising out of activities conducted by or on behalf of SCE under the Program. Without limiting the generality of the foregoing, Neither SCE nor Program Participant shall be liable hereunder for any type of damages, whether direct, or indirect, incidental, consequential, exemplary, reliance, punitive or special damages, including damages for loss of use, regardless of the form of action, whether in contract, indemnity, warranty, strict liability or tort, including negligence of any kind.
10.2. Indemnification of SCE. To the fullest extent permitted by law, Program Participant shall, at SCE’s request, indemnify, defend, and hold harmless SCE, and its parent company, subsidiaries, affiliates, and their respective shareholders, officers, directors, employees, agents, representatives, successors, and assigns (collectively, the “Indemnified Parties”), from and against any and all claims, actions, suits, proceedings, losses, liabilities, penalties, fines, damages, costs, or expenses, including without limitation reasonable attorneys’ fees (a “Claim”), resulting from (a) any breach of the representations, warranties, covenants, or obligations of Program Participant under this Agreement, (b) any act or omission of Program Participant, whether based upon Program Participant’s negligence, strict liability, or otherwise, in connection with the performance of this Agreement, or (c) any third-party claims of any kind, whether based upon negligence, strict liability, or otherwise, arising out of or connected in any way to Program Participant’s performance or nonperformance under this Page | 13
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Agreement. This indemnification obligation shall not apply to the extent that such injury, loss, or damage is caused by the sole negligence or willful misconduct of SCE.
10.3. Responsibility for Repairs. If Participant -installed equipment damages SCE-owned Infrastructure, Participant will be responsible for any costs associated with making any necessary repairs. If SCE identifies an improper installation of Participant-installed equipment, Participant agrees to pay for and be responsible for making any necessary corrections in the manner requested by SCE.
10.4. Defense of Claim. If any Claim is brought against the Indemnified Parties, Program Participant, at SCE’s request, shall assume the defense of such Claim, with counsel reasonably acceptable to the Indemnified Parties, unless in the opinion of counsel for the Indemnified Parties a conflict of interest between the Indemnified Parties and Program Participant may exist with respect to such Claim. If a conflict precludes Program Participant from assuming the defense, then Program Participant shall reimburse the Indemnified Parties on a monthly basis for the Indemnified Parties’ defense costs through separate counsel of the Indemnified Parties’ choice. If Program Participant assumes the defense of the Indemnified Parties with acceptable counsel, the Indemnified Parties, at their sole option and expense, may participate in the defense with counsel of their own choice without relieving Program Participant of any of its obligations hereunder.
11. Miscellaneous
All Applicable Tariffs Apply. All applicable SCE tariffs apply to service provided pursuant to this Agreement, with the following exceptions:
11.1. Rules 15 and 16. Distribution Line and Service Extensions: Because SCE will design and install the Infrastructure at no cost to Program Participant, sections in Rules 15 and 16 that address applicant responsibilities or options are not applicable to Program Participants while participating in the Charge Ready Charging Infrastructure and Rebate Program. This may include, but is not limited to, allowances, contributions or advances, payments, refunds, and design and installation options. This exception does not apply to certain responsibilities found in Rule 16, such as, but not limited to, Section A.10, providing rights of way or easements; Section Page | 14
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A.11, providing access to the location; and Section D.1, providing a clear route for the Service Extension.
11.2. Survival. Program Participant’s obligation to pay Termination Costs and to indemnify the Indemnified Parties shall survive the expiration or termination of this Agreement.
11.3. Assignment. Program Participant shall not assign this Agreement without the prior written consent of SCE; to be granted or denied in SCE’s sole discretion. Any assignment and assumption shall be in a form acceptable to SCE, in SCE’s sole discretion.
11.4. All applicable SCE tariffs apply to service provided pursuant to this Agreement including, but not limited to, the applicable provisions of SCE’s Charge Ready Program (CRP) Tariff Schedule filed with the California Public Utilities Commission. This Agreement shall be subject to such changes or modifications by the Public Utilities Commission of the State of California, as said Commission may, from time to time, direct in the exercise of its jurisdiction.
11.5. Should a conflict exist between the Charge Ready Program Guidelines and this Agreement, then this Agreement shall control with respect to such conflict.
11.6. Incentives and Rebates are taxable and if greater than $600 will be reported to the IRS unless the payee is exempt. SCE will report the rebate as income on IRS Form 1099. The payee should consult its tax advisor concerning the taxability of the Rebate Payment.
This Agreement can be signed electronically. If wet signature required, this Agreement can be downloaded and signed. Following signature, the Program Participant can upload the completed Agreement. SCE will verify for completeness and accuracy and will execute the Agreement and reserve funding accordingly.
AGREEMENT BY PROGRAM PARTICIPANT
By signing this document, you represent that the information provided in this Agreement is true, accurate and complete, and that you will comply with the terms and conditions set forth in this Agreement. You also represent and warrant that you are a duly authorized representative of Program Participant with the requisite authority to enter into this Agreement. For federal government Program Participants, you must be a Contracting Officer authorized to enter into this Agreement.
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Name of Program Participant: GARDENA, CITY OF
________________________________________________
Name of Program Participant Representative:
________________________________________________
Title of Program Participant Representative:
_______________________________________________
I certify that the information provided is accurate and complete and that I have authority to sign this Agreement on behalf of Applicant.
Signature
Date:
AGREEMENT BY PROPERTY OWNER (If Program Participant is the Property Owner, no separate signature is required.)
By signing this document, you represent and warrant that you are a duly authorized representative of the owner of the property on which the Site is located and that you have the requisite authority to consent to the use of the property in the manner set forth in this Agreement. You also represent that Property Owner hereby approves the installation and operation of the Infrastructure and the Charging Equipment, as well as any other necessary equipment to deploy the Charging Equipment pursuant to the Program as described in this Agreement. You further agree to execute the Easement Agreement (see Appendix A link) within thirty (30) calendar days after Easement Agreement is provided by SCE.
Name of Property Owner Representative:
__________________________________________
Title of Property Owner Representative:
___________________________________________
I certify that I have authority to sign this Agreement on behalf of the Property Owner.
Signature
Date:
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Endnotes
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Charge Ready
Charging Infrastructure and Rebate
Participation Agreement
This Charge Ready Charging Infrastructure and Rebate Participation Agreement (Agreement) sets forth the terms and conditions for Program Participant to participate in the Program. Pursuant to the terms of this Agreement, SCE will (1) install the Infrastructure (as defined herein) at no cost to the Program Participant; and, (2) if applicable, remit the Charging Equipment Rebate, and/or the Maintenance and Networking Rebate after all terms and conditions have been met by the Program Participant.
All Program Participants are eligible for no-cost installation of the utility-side and Customer-Side Make-Ready Infrastructure.
Program Participant hereby agrees to the following terms and conditions of the Charge Ready Charging Infrastructure and Rebate Program (the “Program”).
APPROVED CHARGING PORTS
1. Total Number of Approved Charging Ports:
The commitment to procure and install the number of approved Charging Ports applies whether or not the Program Participant is eligible to also receive a rebate for the installed charging equipment, as SCE will design and install the Infrastructure based on this commitment.
The Program Participant is required to install the quantity and power level of approved Charging Ports set forth in this Agreement. Failure to procure and install the agreed upon number may lead to termination of this Agreement, at SCE’s discretion.
Number of Charging Ports and Power Levels approved by SCE.
Power Level (L2) Port count: 18
2. Rebates (if applicable):
2.1. Charging Equipment Rebate (not applicable)
APPROVED SITE LOCATION AND DESIGN
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3. Description of Approved Location at the Site:
Brief description of the mutually approved location on the Program Participant’s Site where Infrastructure will be installed.
Site Description: Police Department Parking Lot
Site Address: 1718 W 162ND ST, GARDENA, CA, 90247
4. Conceptual Design of the Infrastructure deployment at Program Participant’s Site:
Program participant has reviewed and approved the Conceptual Design, as provided by SCE, showing the location within the Site where SCE will deploy the charging infrastructure. MAKE-READY INFRASTRUCTURE WORK
5. The Make-Ready Infrastructure:
If the Program Participant elects to have SCE install the entire Make-Ready Infrastructure, SCE will do so at no cost to the Program Participant. In this case, the Make-Ready Infrastructure will be part of the “Infrastructure” as defined in this Agreement.
SCE-installed Customer-Side Make-Ready Infrastructure.
PROGRAM PARTICIPATION TERMS AND CONDITIONS
Program Participant agrees that its participation in the Program is subject to the following terms and conditions:
6. Definitions:
6.1. AHJ – Authority Having Jurisdiction: The responsible government entity having geographically-based jurisdiction that typically approves, inspects, and permits construction projects (e.g., City, County, Fire, Division of State Architect, etc.).
6.2. Approved Product List: The list of Charging Equipment meeting SCE’s technical requirements and approved by SCE for use in its Charge Ready Programs. Program Participant must select Charging Equipment from the Approved Product List to receive applicable Charging Equipment Rebate (if available).
6.3. CalEnviroScreen: see Disadvantaged Communities.
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6.4. Charging Equipment: Qualifying Charging Equipment that meets the technical specifications set forth by SCE. Charging Equipment that qualifies for the Rebate, if available.See also Power Levels.
6.5. Charging Equipment Supplier: The entity from which the Charging Equipment is purchased.
6.6. Charging Equipment Rebate: Financial reimbursement paid to an eligible Program Participant, or its designee, pursuant to this Agreement, to off-set a portion of the purchase of approved Charging Equipment.
6.7. Charging Ports: See Charging Stations.
6.8. Charging Stations – EV Charging Equipment: EV Charging Equipment interconnects with the electricity grid at a charging site to an electric vehicle, whether using alternating current (AC) or direct current (DC). An individual charging station unit may contain one or more charging ports for the purpose of connecting the electric vehicle to a grid connected power source capable of recharging the vehicle’s battery pack. The individual connectors of the Charging Station are referred to as ports (referred to in this agreement as Charging Ports). Each charging station may charge one or more vehicles depending on the number of ports with which each unit is equipped. For dual-port stations, each port must be capable of delivering full power to both vehicles that are charging simultaneously. . For example, a dual-port L2 station rated at 7.2 kW must be able to deliver 7.2 kW of power to both vehicles when two vehicles are charging simultaneously.
6.9. Commitment Period: The ten (10) year period where Program Participant must maintain all Charging Equipment in working order at the Site. The Commitment Period will commence on the In-Service Date of the Charging Equipment.
6.10. Conceptual Design: Map and related documents, as applicable, that show the proposed layout of the Infrastructure and Charging Equipment, including but not limited to, conduit routing and equipment placement.
6.11. California Public Utilities Commission (CPUC): The California state regulatory agency that is responsible for regulating privately owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies.
6.12. CPUC’s Transportation Electrification Safety Requirements Checklist: The Safety Requirements Checklist applies to CPUC- Page | 4
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Approved Transportation Electrification Programs and can be downloaded from: www.cpuc.ca.gov/WorkArea/DownloadAsset.aspx? id=6442458882
6.13. Customer-Side Infrastructure: See “Make-Ready Infrastructure.”
6.14. Customer-Side Make-Ready Rebate: The rebate intended to offset a portion of the Participant’s costs if Participant elects to perform the Customer-Side Make-Ready Infrastructure work, following the completed installation of the Make-Ready Infrastructure and submission of required documentation.
6.15. Demand Response: Demand Response (DR) programs encourage a reduction of electricity use during certain time periods, typically during on-peak hours or when demand for electricity is high, and/or can provide incentives to use electricity during periods of excess generation or when demand for electricity is lower.
6.16. Disadvantaged Communities (DACs): Census tracts in SCE’s service territory with a top quartile score according to California Environmental Protection Agency’s California Communities Environmental Health Screening Tool. SCE will use the current applicable version of the CalEnviroScreen tool to verify site status.
6.17. Enrollment Portal: The website where Program Participants can apply for the Program, check application status, and upload most required documents.
6.18. Electric Vehicle Infrastructure Training Program (EVITP) Certification: The document certifying an electrician has gone through the Electric Vehicle Infrastructure Training Program process. For more information, please visit https://www.evitp.org.
6.19. Fortune 1000: Fortune 1000 companies include companies listed on the Fortune 1000 list, subsidiaries of Fortune 1000 companies, corporate stores of Fortune 1000 companies, and international companies with annual revenue at or above the lowest cutoff point in Fortune 1000.
6.20. Final Design: Map and related documents, as applicable, that show the proposed layout of the Infrastructure and Charging Equipment, including but not limited to, conduit routing and equipment placement. The Final Design is the engineered construction drawing submitted for permitting and will be completed after this Agreement is executed and prior to start of construction.
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6.21. Final Invoice: Statement of the total amount paid by Program Participant to Charging Equipment Supplier(s) for the purchase, and installation of the Charging Equipment.
6.22. Grant of Easement: A contractual agreement to grant right of way for SCE to construct, maintain, operate, and repair any SCE-installed infrastructure. (see Appendix A link)
6.23. In-Service Date: The earliest date on which the EV Charging Equipment is installed and operational.
6.24. Infrastructure: The necessary Infrastructure on both the utility-side and customer-side of the electric meter (i.e., “make-ready”) that SCE will design, construct, and install at no cost to the Program Participant pursuant to this Program. Infrastructure, as defined herein, does NOT include (1) purchase or installation of the Charging Equipment; or (2) the customer-side portion of the Make-Ready Infrastructure, if the Program Participant elects the self-installed Customer-Side Make-Ready Infrastructure option.
6.25. Make-Ready Infrastructure: Infrastructure located on both the utility-side and customer-side of the meter is also referred to as the Make-Ready Infrastructure. The Utility-Side Infrastructure includes all infrastructure work from SCE’s distribution system to a new circuit panel that will be installed to support EV charging. SCE will always be responsible for designing, procuring, installing, and maintaining the necessary infrastructure located on the utility side of the meter. The Customer-Side Make-Ready Infrastructure includes all infrastructure from the new panel that will be set as part of the Utility-Side Infrastructure work, up to the first point of interconnection with the Participant’s Charging Equipment.
Participants will have the option to have SCE perform the Customer-Side Make-Ready Infrastructure work or perform that work themselves and qualify to receive the Customer-Side Make-Ready Rebate.
6.26. Make-Ready Rebate: See Customer-Side Make-Ready Rebate.
6.27. Multi-Family Property (also referred to as multi-unit dwelling, or MUD).
The definition for enhance rebate qualifying sites include:
6.27.1.Residential properties – Structures that are designed to accommodate two or more tenants with shared parking areas.
6.27.2.Apartment Buildings – Structure(s) containing two or more dwelling units that may also include common areas and facilities, Page | 6
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e.g., entrances, lobby, elevators or stairs, mechanical space, walks, grounds, recreational facilities, and parking both covered and open.
6.27.3.Retirement Communities, Townhomes, Condominiums – Residential communities with shared parking areas managed by an HOA or an equivalent association.
6.27.4.Mobile Home Parks – Residential mobile home communities with shared parking areas.
6.27.5.University & Military Housing – Student or military housing units or apartments with individual cooking facilities (except conventional dormitories and barracks with cafeteria type kitchens).
6.27.6.Timeshares – Vacation property communities with shared parking areas managed by an HOA or an equivalent association.
6.27.7.Public Parking with Dedicated Overnight Resident Passes – Public parking lots designated for nearby multi-family residents for overnight parking. Charging Stations can be open for public use during day-time hours.
6.28. Network Service Provider: The third-party entity that will provide Network Services for the Charging Equipment. The Network Service Provider will be required to transmit port level data and other information to SCE complying with Program requirements.
6.29. Ports: See Charging Stations.
6.30. Power Levels: Charging Equipment Power Levels.
Level 1 (L1) Charging: Low power charging, typically at or below 120 volts.
Level 2 (L2) Charging: Medium power charging, typically delivered between 220 and 240 volts.
Direct Current Fast Charging (DCFC): Charging equipment that provide a high-power DC current, and for this program at least 50 kW, to the electric vehicle's battery without passing through any onboard AC/DC converter, which means the current is connected directly to the battery.
6.31. Preliminary Design: The set of engineered, working drawings of the Infrastructure. The design includes project specifications, conduit routing, electrical equipment specifications and calculations, project related Site improvements and construction details
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6.32. Program: Also referred to as the Charge Ready Charging Infrastructure and Rebate Program. This Program is designed to help Program Participants install the charging infrastructure needed to enable drivers to refuel their light-duty electric vehicles.
6.33. Program Guidelines: Program reference documents developed by SCE that provide program information, including but not limited to the program participation requirements.
6.34. Program Participant: The SCE non-residential entity that enters into this Agreement.
6.35. Property Owner/Site Owner: Individual or entity authorized representative of entity holding title in the Site where the Charging Equipment and Infrastructure will be located.
6.36. Rebate Payment: The payment made by SCE to Program Participant, or its designated assignee, after the eligible Program Participant procures and installs the Charging Equipment, meets the qualification requirements for the Customer-Side Make-Ready Rebate, and/or the Maintenance and Networking Rebate, in accordance with this Agreement, as verified by SCE, in SCE’s sole discretion.
6.37. Site: The premises, owned, leased or operated by Program Participant, where the Charging Equipment will be installed.
6.38. Time-of-Use (TOU) Rate Plans: Rate plans which feature energy charges that vary based on the time of day, the day of the week, and the season. Some plans also include demand charges that are based on the maximum amount of electricity your business uses at once.
6.39. Utility-Side Infrastructure: See Make-Ready Infrastructure.
7. Eligibility.
Program Participant certifies that it meets, and will continue to meet throughout its participation in the Program, all eligibility requirements of the Program, including, but not limited to:
7.1. Program Participant is a non-residential SCE entity with at least one active service account.
7.2. The installation site is located in SCE’s service territory.
7.3. Program Participant agrees to provide, or cause the Site Owner to provide, SCE with the rights of way across public or private property (as applicable) and to obtain any necessary permits to install Charging Equipment, without cost to SCE.
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7.4. Program Participant will comply with all Program requirements outlined in the Charge Ready Program Guidelines.
8. Additional Representations of Program Participant during the Term of the Agreement.
Program Participant:
8.1. Program Participant agrees to purchase and install the Charging Equipment, as set forth in this Agreement. Program Participant agrees that the number of Charging Ports and their charging power level set forth in Section 1 cannot be modified after execution of this Agreement, without express written consent of SCE, at SCE’s discretion.
8.2. All charging equipment must be approved by SCE for installation under this Program, in a quantity approved by SCE.
8.3. Program Participant agrees to have APL listed charging equipment installed by a qualified C-10 licensed and insured contractor.
8.4. Agrees to ensure their EVSE equipment installer follows all relevant State and local codes, and AHJ permitting requirements. All installed equipment must be correctly rated for the location where it will be installed (outdoor rated if applicable, conforming with ventilation requirements). The EV charging current shall not exceed 80% of the branch circuit rating. All EVSE installations must comply with the SB350 safety requirement checklist.
8.5. Agrees to ensure their EVSE equipment installer will not install and energize any EVSE or associated equipment capable of generation or bidirectional operation without Permission to Operate from SCE.
8.6. Agrees to procure, own, install, operate, and maintain the Charging Equipment in good working order at the site for a minimum of ten (10) years from the In-Service Date of Charging Equipment (“Commitment Period”).
8.7. Agrees that, if at any time during the Commitment Period the Charging Equipment is replaced, only SCE approved EVSE will be installed and all associated costs will be the responsibility of the Program Participant.
8.8. Agrees to contract with a qualified electric vehicle charging equipment Network Service Provider approved by SCE to record and transmit EV charging usage and other data to SCE.
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8.9. Program Participant authorizes SCE to act on Program Participant’s behalf to voluntarily grant a Third Party access to receive information relating to Charging Station data, billing records, billing history, pricing information, and all meter usage data used for bill calculation for all meters participating in this Program. This authorization expires ten (10) years from the Charging Equipment’s In-Service Date.
8.10. Program participant authorizes the use of the collected Charging Station and related meter and billing data for regulatory reporting, program evaluation, industry forums, case studies or other similar activities, in accordance with applicable laws and regulations.
8.11. Acknowledges and agrees that the actual Make-Ready Infrastructure may vary from the Conceptual Design, if, in SCE’s sole discretion, actual Site conditions or AHJ direction requires such changes.
8.12. Acknowledges that funding pursuant to this Agreement is only reserved after SCE receives a copy of this Agreement signed by Program Participant and Property Owner (if different from Program Participant).
The Program Participant also acknowledges that reserved funding may be withdrawn, and SCE may terminate this Agreement, both in SCE’s sole discretion, if Program Participant breaches the Agreement.
8.13. Agrees to comply with the established timelines and required documentation set forth in the Program Guidelines.
8.14. Represents and warrants that if Program Participant has applied for or received any other incentives or rebates for the Charging Equipment, Customer-Side Make-Ready Infrastructure, or Charging Equipment Maintenance and Networking program Participant shall notify SCE of any such incentives or rebates as soon as reasonably practicable. In the event that any such incentives or rebates, when combined with Program rebates, would reimburse Program Participant for more than 100 percent of their costs, SCE shall decrease the issued rebate amount if not yet paid, or if already paid, submit a reimbursement request to the Program Participant for the amount of the Rebate Payment exceeding 100 percent of the Participants costs.
8.15. Program Participant agrees that the electricity meter(s) associated with the EV charging equipment will be provided service under a TOU rate plan.
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8.16. Participants must enroll in at least one qualifying Demand Response Program.
8.17. Agrees to ensure information of newly installed Charging Equipment, if accessible to the general public, will be registered with the US Department of Energy’s Alternative Fuel Data Center (https:// afdc.energy.gov/stations/#/analyze), and with the US Department of Energy’s EV Charging Station Locations mapping tool, accessible at (https://www.afdc.energy.gov/fuels/electricity_locations.html#/find/ nearest?fuel=ELEC), and that only one set of information is reported between the Program Participant and Charging Equipment Supplier.
8.18. Agrees to submit a completed IRS tax form W-9, and California Franchise Tax Board form 590 if applicable, or to provide line items from those forms as SCE may request, in order for SCE to process any Rebate Payment.
8.19. Represents and warrants that the execution and delivery of this Agreement, and the performance by Program Participant of its obligations under this Agreement, have been duly and validly authorized, and this Agreement is a legal, valid and binding obligation of Program Participant.
8.20. SCE, at its sole discretion and in accordance with its applicable tariffs, design standards, and AHJ permitting requirements, will locate, design, and install the utility-side, and possibly the customer-side Infrastructure depending on the Participants choice. SCE is responsible for all costs associated with Infrastructure deployed by SCE pursuant to this Agreement.
8.21. SCE will pay the Charging Equipment Rebate, if applicable, after SCE has verified correct installation of the Charging Equipment, consistent with this Agreement, subject to Program Participant meeting all Program requirements. The actual Charging Equipment Rebate Payment amount shall not exceed the actual reasonable costs of the Charging Equipment, and its installation, as set forth in the Final Invoice(s) and consistent with the Program Participant’s contract with the Charging Equipment Supplier(s) and installers.
8.22. SCE will pay the Maintenance and Networking Rebate to qualifying participants following the installation of the Charging Equipment and subject to Program Participant meeting all Program requirements.
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8.23. For sites that qualify to participate under the Multi-Family Property sites definition by providing Public Parking with Dedicated Overnight Resident Passes, Participant agrees to ensure that overnight parking will be reserved and dedicated for nearby multi-family residents for the duration of the commitment period.
8.24. Agrees to participate in SCE sponsored customer satisfaction and other surveys following completion of the Project, upon request of SCE.
9. Term and Termination:
9.1. Term: The term of this Agreement shall begin upon the date that both Parties have signed the Agreement and end ten (10) years from the In- Service Date of the Charging Equipment, unless otherwise terminated earlier pursuant to this Agreement (“Term”).
9.2. Termination: If the Program Participant fails to comply with any of the terms and conditions of this Agreement, SCE, in its sole discretion, may terminate this Agreement after sending Program Participant a notice of default that remains uncured for five (5) business days from receipt, except in the case of a safety or security violation, in which case, SCE may terminate the Agreement immediately and take all other necessary actions, including but not limited to, disconnecting power to the Charging Equipment, in SCE’s sole discretion, to cure such safety or security violation(s).
9.3. Termination Costs: If this Agreement is terminated prior to the end of the Term because (1) Program Participant terminates its participation in this Program, (2) Program Participant, prior to the end of the Commitment Period, fails to install, or removes without replacing, the Charging Equipment or Program Participant-owned make-ready infrastructure, if applicable; or (3) SCE terminates this Agreement due to Program Participant’s failure to comply with the terms and conditions of the Agreement, in accordance with Section 9.b. (Termination) hereof, the Program Participant shall pay (a) all costs actually incurred, or committed to be incurred, by SCE, as of the termination date, in connection with designing and deploying the Infrastructure at the Site; and (b) the Rebate Payment (if already paid). If the Charging Equipment or the Make-Ready Infrastructure, if applicable, are installed, the amount due to SCE for both (a) and (b) above will be prorated over a ten-year period, beginning from the In-Service Date of the Charging Equipment. SCE will invoice the Page | 12
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Program Participant for such costs, and Program Participant shall pay such invoice within sixty (60) days of receipt.
10. Indemnification and Liability; No Representations or Warranties
10.1. Program Participant understands that SCE makes no representations regarding manufacturers, dealers, contractors, materials or workmanship of the Charging Equipment. Further, SCE makes no warranty, whether express or implied, including without limitation the implied warranties of merchantability and fitness for any particular purpose, use, or application of the products and services under the Program. Program Participant agrees that SCE has no liability whatsoever concerning (1) the quality, safety or installation of such products, including their fitness for any purpose, (2) the workmanship of any third parties, (3) the installation or use of the products. Program Participant hereby waives any and all claims against SCE, its parent companies, directors, officers, employees, or agents, arising out of activities conducted by or on behalf of SCE under the Program. Without limiting the generality of the foregoing, Neither SCE nor Program Participant shall be liable hereunder for any type of damages, whether direct, or indirect, incidental, consequential, exemplary, reliance, punitive or special damages, including damages for loss of use, regardless of the form of action, whether in contract, indemnity, warranty, strict liability or tort, including negligence of any kind.
10.2. Indemnification of SCE. To the fullest extent permitted by law, Program Participant shall, at SCE’s request, indemnify, defend, and hold harmless SCE, and its parent company, subsidiaries, affiliates, and their respective shareholders, officers, directors, employees, agents, representatives, successors, and assigns (collectively, the “Indemnified Parties”), from and against any and all claims, actions, suits, proceedings, losses, liabilities, penalties, fines, damages, costs, or expenses, including without limitation reasonable attorneys’ fees (a “Claim”), resulting from (a) any breach of the representations, warranties, covenants, or obligations of Program Participant under this Agreement, (b) any act or omission of Program Participant, whether based upon Program Participant’s negligence, strict liability, or otherwise, in connection with the performance of this Agreement, or (c) any third-party claims of any kind, whether based upon negligence, strict liability, or otherwise, arising out of or connected in any way to Program Participant’s performance or nonperformance under this Page | 13
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Agreement. This indemnification obligation shall not apply to the extent that such injury, loss, or damage is caused by the sole negligence or willful misconduct of SCE.
10.3. Responsibility for Repairs. If Participant -installed equipment damages SCE-owned Infrastructure, Participant will be responsible for any costs associated with making any necessary repairs. If SCE identifies an improper installation of Participant-installed equipment, Participant agrees to pay for and be responsible for making any necessary corrections in the manner requested by SCE.
10.4. Defense of Claim. If any Claim is brought against the Indemnified Parties, Program Participant, at SCE’s request, shall assume the defense of such Claim, with counsel reasonably acceptable to the Indemnified Parties, unless in the opinion of counsel for the Indemnified Parties a conflict of interest between the Indemnified Parties and Program Participant may exist with respect to such Claim. If a conflict precludes Program Participant from assuming the defense, then Program Participant shall reimburse the Indemnified Parties on a monthly basis for the Indemnified Parties’ defense costs through separate counsel of the Indemnified Parties’ choice. If Program Participant assumes the defense of the Indemnified Parties with acceptable counsel, the Indemnified Parties, at their sole option and expense, may participate in the defense with counsel of their own choice without relieving Program Participant of any of its obligations hereunder.
11. Miscellaneous
All Applicable Tariffs Apply. All applicable SCE tariffs apply to service provided pursuant to this Agreement, with the following exceptions:
11.1. Rules 15 and 16. Distribution Line and Service Extensions: Because SCE will design and install the Infrastructure at no cost to Program Participant, sections in Rules 15 and 16 that address applicant responsibilities or options are not applicable to Program Participants while participating in the Charge Ready Charging Infrastructure and Rebate Program. This may include, but is not limited to, allowances, contributions or advances, payments, refunds, and design and installation options. This exception does not apply to certain responsibilities found in Rule 16, such as, but not limited to, Section A.10, providing rights of way or easements; Section Page | 14
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A.11, providing access to the location; and Section D.1, providing a clear route for the Service Extension.
11.2. Survival. Program Participant’s obligation to pay Termination Costs and to indemnify the Indemnified Parties shall survive the expiration or termination of this Agreement.
11.3. Assignment. Program Participant shall not assign this Agreement without the prior written consent of SCE; to be granted or denied in SCE’s sole discretion. Any assignment and assumption shall be in a form acceptable to SCE, in SCE’s sole discretion.
11.4. All applicable SCE tariffs apply to service provided pursuant to this Agreement including, but not limited to, the applicable provisions of SCE’s Charge Ready Program (CRP) Tariff Schedule filed with the California Public Utilities Commission. This Agreement shall be subject to such changes or modifications by the Public Utilities Commission of the State of California, as said Commission may, from time to time, direct in the exercise of its jurisdiction.
11.5. Should a conflict exist between the Charge Ready Program Guidelines and this Agreement, then this Agreement shall control with respect to such conflict.
11.6. Incentives and Rebates are taxable and if greater than $600 will be reported to the IRS unless the payee is exempt. SCE will report the rebate as income on IRS Form 1099. The payee should consult its tax advisor concerning the taxability of the Rebate Payment.
This Agreement can be signed electronically. If wet signature required, this Agreement can be downloaded and signed. Following signature, the Program Participant can upload the completed Agreement. SCE will verify for completeness and accuracy and will execute the Agreement and reserve funding accordingly.
AGREEMENT BY PROGRAM PARTICIPANT
By signing this document, you represent that the information provided in this Agreement is true, accurate and complete, and that you will comply with the terms and conditions set forth in this Agreement. You also represent and warrant that you are a duly authorized representative of Program Participant with the requisite authority to enter into this Agreement. For federal government Program Participants, you must be a Contracting Officer authorized to enter into this Agreement.
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Name of Program Participant: GARDENA, CITY OF
________________________________________________
Name of Program Participant Representative:
________________________________________________
Title of Program Participant Representative:
_______________________________________________
I certify that the information provided is accurate and complete and that I have authority to sign this Agreement on behalf of Applicant.
Signature
Date:
AGREEMENT BY PROPERTY OWNER (If Program Participant is the Property Owner, no separate signature is required.)
By signing this document, you represent and warrant that you are a duly authorized representative of the owner of the property on which the Site is located and that you have the requisite authority to consent to the use of the property in the manner set forth in this Agreement. You also represent that Property Owner hereby approves the installation and operation of the Infrastructure and the Charging Equipment, as well as any other necessary equipment to deploy the Charging Equipment pursuant to the Program as described in this Agreement. You further agree to execute the Easement Agreement (see Appendix A link) within thirty (30) calendar days after Easement Agreement is provided by SCE.
Name of Property Owner Representative:
__________________________________________
Title of Property Owner Representative:
___________________________________________
I certify that I have authority to sign this Agreement on behalf of the Property Owner.
Signature
Date:
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Endnotes
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Charge Ready
Charging Infrastructure and Rebate
Participation Agreement
This Charge Ready Charging Infrastructure and Rebate Participation Agreement (Agreement) sets forth the terms and conditions for Program Participant to participate in the Program. Pursuant to the terms of this Agreement, SCE will (1) install the Infrastructure (as defined herein) at no cost to the Program Participant; and, (2) if applicable, remit the Charging Equipment Rebate, and/or the Maintenance and Networking Rebate after all terms and conditions have been met by the Program Participant.
All Program Participants are eligible for no-cost installation of the utility-side and Customer-Side Make-Ready Infrastructure.
Program Participant hereby agrees to the following terms and conditions of the Charge Ready Charging Infrastructure and Rebate Program (the “Program”).
APPROVED CHARGING PORTS
1. Total Number of Approved Charging Ports:
The commitment to procure and install the number of approved Charging Ports applies whether or not the Program Participant is eligible to also receive a rebate for the installed charging equipment, as SCE will design and install the Infrastructure based on this commitment.
The Program Participant is required to install the quantity and power level of approved Charging Ports set forth in this Agreement. Failure to procure and install the agreed upon number may lead to termination of this Agreement, at SCE’s discretion.
Number of Charging Ports and Power Levels approved by SCE.
Power Level (L2) Port count: 28
2. Rebates (if applicable):
2.1. Charging Equipment Rebate (not applicable)
APPROVED SITE LOCATION AND DESIGN
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3. Description of Approved Location at the Site:
Brief description of the mutually approved location on the Program Participant’s Site where Infrastructure will be installed.
Site Description: Rowley Park
Site Address: 13220 VAN NESS AVE, GARDENA, CA, 90249
4. Conceptual Design of the Infrastructure deployment at Program Participant’s Site:
Program participant has reviewed and approved the Conceptual Design, as provided by SCE, showing the location within the Site where SCE will deploy the charging infrastructure. MAKE-READY INFRASTRUCTURE WORK
5. The Make-Ready Infrastructure:
If the Program Participant elects to have SCE install the entire Make-Ready Infrastructure, SCE will do so at no cost to the Program Participant. In this case, the Make-Ready Infrastructure will be part of the “Infrastructure” as defined in this Agreement.
SCE-installed Customer-Side Make-Ready Infrastructure.
PROGRAM PARTICIPATION TERMS AND CONDITIONS
Program Participant agrees that its participation in the Program is subject to the following terms and conditions:
6. Definitions:
6.1. AHJ – Authority Having Jurisdiction: The responsible government entity having geographically-based jurisdiction that typically approves, inspects, and permits construction projects (e.g., City, County, Fire, Division of State Architect, etc.).
6.2. Approved Product List: The list of Charging Equipment meeting SCE’s technical requirements and approved by SCE for use in its Charge Ready Programs. Program Participant must select Charging Equipment from the Approved Product List to receive applicable Charging Equipment Rebate (if available).
6.3. CalEnviroScreen: see Disadvantaged Communities.
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6.4. Charging Equipment: Qualifying Charging Equipment that meets the technical specifications set forth by SCE. Charging Equipment that qualifies for the Rebate, if available.See also Power Levels.
6.5. Charging Equipment Supplier: The entity from which the Charging Equipment is purchased.
6.6. Charging Equipment Rebate: Financial reimbursement paid to an eligible Program Participant, or its designee, pursuant to this Agreement, to off-set a portion of the purchase of approved Charging Equipment.
6.7. Charging Ports: See Charging Stations.
6.8. Charging Stations – EV Charging Equipment: EV Charging Equipment interconnects with the electricity grid at a charging site to an electric vehicle, whether using alternating current (AC) or direct current (DC). An individual charging station unit may contain one or more charging ports for the purpose of connecting the electric vehicle to a grid connected power source capable of recharging the vehicle’s battery pack. The individual connectors of the Charging Station are referred to as ports (referred to in this agreement as Charging Ports). Each charging station may charge one or more vehicles depending on the number of ports with which each unit is equipped. For dual-port stations, each port must be capable of delivering full power to both vehicles that are charging simultaneously. . For example, a dual-port L2 station rated at 7.2 kW must be able to deliver 7.2 kW of power to both vehicles when two vehicles are charging simultaneously.
6.9. Commitment Period: The ten (10) year period where Program Participant must maintain all Charging Equipment in working order at the Site. The Commitment Period will commence on the In-Service Date of the Charging Equipment.
6.10. Conceptual Design: Map and related documents, as applicable, that show the proposed layout of the Infrastructure and Charging Equipment, including but not limited to, conduit routing and equipment placement.
6.11. California Public Utilities Commission (CPUC): The California state regulatory agency that is responsible for regulating privately owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies.
6.12. CPUC’s Transportation Electrification Safety Requirements Checklist: The Safety Requirements Checklist applies to CPUC- Page | 4
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Approved Transportation Electrification Programs and can be downloaded from: www.cpuc.ca.gov/WorkArea/DownloadAsset.aspx? id=6442458882
6.13. Customer-Side Infrastructure: See “Make-Ready Infrastructure.”
6.14. Customer-Side Make-Ready Rebate: The rebate intended to offset a portion of the Participant’s costs if Participant elects to perform the Customer-Side Make-Ready Infrastructure work, following the completed installation of the Make-Ready Infrastructure and submission of required documentation.
6.15. Demand Response: Demand Response (DR) programs encourage a reduction of electricity use during certain time periods, typically during on-peak hours or when demand for electricity is high, and/or can provide incentives to use electricity during periods of excess generation or when demand for electricity is lower.
6.16. Disadvantaged Communities (DACs): Census tracts in SCE’s service territory with a top quartile score according to California Environmental Protection Agency’s California Communities Environmental Health Screening Tool. SCE will use the current applicable version of the CalEnviroScreen tool to verify site status.
6.17. Enrollment Portal: The website where Program Participants can apply for the Program, check application status, and upload most required documents.
6.18. Electric Vehicle Infrastructure Training Program (EVITP) Certification: The document certifying an electrician has gone through the Electric Vehicle Infrastructure Training Program process. For more information, please visit https://www.evitp.org.
6.19. Fortune 1000: Fortune 1000 companies include companies listed on the Fortune 1000 list, subsidiaries of Fortune 1000 companies, corporate stores of Fortune 1000 companies, and international companies with annual revenue at or above the lowest cutoff point in Fortune 1000.
6.20. Final Design: Map and related documents, as applicable, that show the proposed layout of the Infrastructure and Charging Equipment, including but not limited to, conduit routing and equipment placement. The Final Design is the engineered construction drawing submitted for permitting and will be completed after this Agreement is executed and prior to start of construction.
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6.21. Final Invoice: Statement of the total amount paid by Program Participant to Charging Equipment Supplier(s) for the purchase, and installation of the Charging Equipment.
6.22. Grant of Easement: A contractual agreement to grant right of way for SCE to construct, maintain, operate, and repair any SCE-installed infrastructure. (see Appendix A link)
6.23. In-Service Date: The earliest date on which the EV Charging Equipment is installed and operational.
6.24. Infrastructure: The necessary Infrastructure on both the utility-side and customer-side of the electric meter (i.e., “make-ready”) that SCE will design, construct, and install at no cost to the Program Participant pursuant to this Program. Infrastructure, as defined herein, does NOT include (1) purchase or installation of the Charging Equipment; or (2) the customer-side portion of the Make-Ready Infrastructure, if the Program Participant elects the self-installed Customer-Side Make-Ready Infrastructure option.
6.25. Make-Ready Infrastructure: Infrastructure located on both the utility-side and customer-side of the meter is also referred to as the Make-Ready Infrastructure. The Utility-Side Infrastructure includes all infrastructure work from SCE’s distribution system to a new circuit panel that will be installed to support EV charging. SCE will always be responsible for designing, procuring, installing, and maintaining the necessary infrastructure located on the utility side of the meter. The Customer-Side Make-Ready Infrastructure includes all infrastructure from the new panel that will be set as part of the Utility-Side Infrastructure work, up to the first point of interconnection with the Participant’s Charging Equipment.
Participants will have the option to have SCE perform the Customer-Side Make-Ready Infrastructure work or perform that work themselves and qualify to receive the Customer-Side Make-Ready Rebate.
6.26. Make-Ready Rebate: See Customer-Side Make-Ready Rebate.
6.27. Multi-Family Property (also referred to as multi-unit dwelling, or MUD).
The definition for enhance rebate qualifying sites include:
6.27.1.Residential properties – Structures that are designed to accommodate two or more tenants with shared parking areas.
6.27.2.Apartment Buildings – Structure(s) containing two or more dwelling units that may also include common areas and facilities, Page | 6
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e.g., entrances, lobby, elevators or stairs, mechanical space, walks, grounds, recreational facilities, and parking both covered and open.
6.27.3.Retirement Communities, Townhomes, Condominiums – Residential communities with shared parking areas managed by an HOA or an equivalent association.
6.27.4.Mobile Home Parks – Residential mobile home communities with shared parking areas.
6.27.5.University & Military Housing – Student or military housing units or apartments with individual cooking facilities (except conventional dormitories and barracks with cafeteria type kitchens).
6.27.6.Timeshares – Vacation property communities with shared parking areas managed by an HOA or an equivalent association.
6.27.7.Public Parking with Dedicated Overnight Resident Passes – Public parking lots designated for nearby multi-family residents for overnight parking. Charging Stations can be open for public use during day-time hours.
6.28. Network Service Provider: The third-party entity that will provide Network Services for the Charging Equipment. The Network Service Provider will be required to transmit port level data and other information to SCE complying with Program requirements.
6.29. Ports: See Charging Stations.
6.30. Power Levels: Charging Equipment Power Levels.
Level 1 (L1) Charging: Low power charging, typically at or below 120 volts.
Level 2 (L2) Charging: Medium power charging, typically delivered between 220 and 240 volts.
Direct Current Fast Charging (DCFC): Charging equipment that provide a high-power DC current, and for this program at least 50 kW, to the electric vehicle's battery without passing through any onboard AC/DC converter, which means the current is connected directly to the battery.
6.31. Preliminary Design: The set of engineered, working drawings of the Infrastructure. The design includes project specifications, conduit routing, electrical equipment specifications and calculations, project related Site improvements and construction details
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6.32. Program: Also referred to as the Charge Ready Charging Infrastructure and Rebate Program. This Program is designed to help Program Participants install the charging infrastructure needed to enable drivers to refuel their light-duty electric vehicles.
6.33. Program Guidelines: Program reference documents developed by SCE that provide program information, including but not limited to the program participation requirements.
6.34. Program Participant: The SCE non-residential entity that enters into this Agreement.
6.35. Property Owner/Site Owner: Individual or entity authorized representative of entity holding title in the Site where the Charging Equipment and Infrastructure will be located.
6.36. Rebate Payment: The payment made by SCE to Program Participant, or its designated assignee, after the eligible Program Participant procures and installs the Charging Equipment, meets the qualification requirements for the Customer-Side Make-Ready Rebate, and/or the Maintenance and Networking Rebate, in accordance with this Agreement, as verified by SCE, in SCE’s sole discretion.
6.37. Site: The premises, owned, leased or operated by Program Participant, where the Charging Equipment will be installed.
6.38. Time-of-Use (TOU) Rate Plans: Rate plans which feature energy charges that vary based on the time of day, the day of the week, and the season. Some plans also include demand charges that are based on the maximum amount of electricity your business uses at once.
6.39. Utility-Side Infrastructure: See Make-Ready Infrastructure.
7. Eligibility.
Program Participant certifies that it meets, and will continue to meet throughout its participation in the Program, all eligibility requirements of the Program, including, but not limited to:
7.1. Program Participant is a non-residential SCE entity with at least one active service account.
7.2. The installation site is located in SCE’s service territory.
7.3. Program Participant agrees to provide, or cause the Site Owner to provide, SCE with the rights of way across public or private property (as applicable) and to obtain any necessary permits to install Charging Equipment, without cost to SCE.
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7.4. Program Participant will comply with all Program requirements outlined in the Charge Ready Program Guidelines.
8. Additional Representations of Program Participant during the Term of the Agreement.
Program Participant:
8.1. Program Participant agrees to purchase and install the Charging Equipment, as set forth in this Agreement. Program Participant agrees that the number of Charging Ports and their charging power level set forth in Section 1 cannot be modified after execution of this Agreement, without express written consent of SCE, at SCE’s discretion.
8.2. All charging equipment must be approved by SCE for installation under this Program, in a quantity approved by SCE.
8.3. Program Participant agrees to have APL listed charging equipment installed by a qualified C-10 licensed and insured contractor.
8.4. Agrees to ensure their EVSE equipment installer follows all relevant State and local codes, and AHJ permitting requirements. All installed equipment must be correctly rated for the location where it will be installed (outdoor rated if applicable, conforming with ventilation requirements). The EV charging current shall not exceed 80% of the branch circuit rating. All EVSE installations must comply with the SB350 safety requirement checklist.
8.5. Agrees to ensure their EVSE equipment installer will not install and energize any EVSE or associated equipment capable of generation or bidirectional operation without Permission to Operate from SCE.
8.6. Agrees to procure, own, install, operate, and maintain the Charging Equipment in good working order at the site for a minimum of ten (10) years from the In-Service Date of Charging Equipment (“Commitment Period”).
8.7. Agrees that, if at any time during the Commitment Period the Charging Equipment is replaced, only SCE approved EVSE will be installed and all associated costs will be the responsibility of the Program Participant.
8.8. Agrees to contract with a qualified electric vehicle charging equipment Network Service Provider approved by SCE to record and transmit EV charging usage and other data to SCE.
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8.9. Program Participant authorizes SCE to act on Program Participant’s behalf to voluntarily grant a Third Party access to receive information relating to Charging Station data, billing records, billing history, pricing information, and all meter usage data used for bill calculation for all meters participating in this Program. This authorization expires ten (10) years from the Charging Equipment’s In-Service Date.
8.10. Program participant authorizes the use of the collected Charging Station and related meter and billing data for regulatory reporting, program evaluation, industry forums, case studies or other similar activities, in accordance with applicable laws and regulations.
8.11. Acknowledges and agrees that the actual Make-Ready Infrastructure may vary from the Conceptual Design, if, in SCE’s sole discretion, actual Site conditions or AHJ direction requires such changes.
8.12. Acknowledges that funding pursuant to this Agreement is only reserved after SCE receives a copy of this Agreement signed by Program Participant and Property Owner (if different from Program Participant).
The Program Participant also acknowledges that reserved funding may be withdrawn, and SCE may terminate this Agreement, both in SCE’s sole discretion, if Program Participant breaches the Agreement.
8.13. Agrees to comply with the established timelines and required documentation set forth in the Program Guidelines.
8.14. Represents and warrants that if Program Participant has applied for or received any other incentives or rebates for the Charging Equipment, Customer-Side Make-Ready Infrastructure, or Charging Equipment Maintenance and Networking program Participant shall notify SCE of any such incentives or rebates as soon as reasonably practicable. In the event that any such incentives or rebates, when combined with Program rebates, would reimburse Program Participant for more than 100 percent of their costs, SCE shall decrease the issued rebate amount if not yet paid, or if already paid, submit a reimbursement request to the Program Participant for the amount of the Rebate Payment exceeding 100 percent of the Participants costs.
8.15. Program Participant agrees that the electricity meter(s) associated with the EV charging equipment will be provided service under a TOU rate plan.
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8.16. Participants must enroll in at least one qualifying Demand Response Program.
8.17. Agrees to ensure information of newly installed Charging Equipment, if accessible to the general public, will be registered with the US Department of Energy’s Alternative Fuel Data Center (https:// afdc.energy.gov/stations/#/analyze), and with the US Department of Energy’s EV Charging Station Locations mapping tool, accessible at (https://www.afdc.energy.gov/fuels/electricity_locations.html#/find/ nearest?fuel=ELEC), and that only one set of information is reported between the Program Participant and Charging Equipment Supplier.
8.18. Agrees to submit a completed IRS tax form W-9, and California Franchise Tax Board form 590 if applicable, or to provide line items from those forms as SCE may request, in order for SCE to process any Rebate Payment.
8.19. Represents and warrants that the execution and delivery of this Agreement, and the performance by Program Participant of its obligations under this Agreement, have been duly and validly authorized, and this Agreement is a legal, valid and binding obligation of Program Participant.
8.20. SCE, at its sole discretion and in accordance with its applicable tariffs, design standards, and AHJ permitting requirements, will locate, design, and install the utility-side, and possibly the customer-side Infrastructure depending on the Participants choice. SCE is responsible for all costs associated with Infrastructure deployed by SCE pursuant to this Agreement.
8.21. SCE will pay the Charging Equipment Rebate, if applicable, after SCE has verified correct installation of the Charging Equipment, consistent with this Agreement, subject to Program Participant meeting all Program requirements. The actual Charging Equipment Rebate Payment amount shall not exceed the actual reasonable costs of the Charging Equipment, and its installation, as set forth in the Final Invoice(s) and consistent with the Program Participant’s contract with the Charging Equipment Supplier(s) and installers.
8.22. SCE will pay the Maintenance and Networking Rebate to qualifying participants following the installation of the Charging Equipment and subject to Program Participant meeting all Program requirements.
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8.23. For sites that qualify to participate under the Multi-Family Property sites definition by providing Public Parking with Dedicated Overnight Resident Passes, Participant agrees to ensure that overnight parking will be reserved and dedicated for nearby multi-family residents for the duration of the commitment period.
8.24. Agrees to participate in SCE sponsored customer satisfaction and other surveys following completion of the Project, upon request of SCE.
9. Term and Termination:
9.1. Term: The term of this Agreement shall begin upon the date that both Parties have signed the Agreement and end ten (10) years from the In- Service Date of the Charging Equipment, unless otherwise terminated earlier pursuant to this Agreement (“Term”).
9.2. Termination: If the Program Participant fails to comply with any of the terms and conditions of this Agreement, SCE, in its sole discretion, may terminate this Agreement after sending Program Participant a notice of default that remains uncured for five (5) business days from receipt, except in the case of a safety or security violation, in which case, SCE may terminate the Agreement immediately and take all other necessary actions, including but not limited to, disconnecting power to the Charging Equipment, in SCE’s sole discretion, to cure such safety or security violation(s).
9.3. Termination Costs: If this Agreement is terminated prior to the end of the Term because (1) Program Participant terminates its participation in this Program, (2) Program Participant, prior to the end of the Commitment Period, fails to install, or removes without replacing, the Charging Equipment or Program Participant-owned make-ready infrastructure, if applicable; or (3) SCE terminates this Agreement due to Program Participant’s failure to comply with the terms and conditions of the Agreement, in accordance with Section 9.b. (Termination) hereof, the Program Participant shall pay (a) all costs actually incurred, or committed to be incurred, by SCE, as of the termination date, in connection with designing and deploying the Infrastructure at the Site; and (b) the Rebate Payment (if already paid). If the Charging Equipment or the Make-Ready Infrastructure, if applicable, are installed, the amount due to SCE for both (a) and (b) above will be prorated over a ten-year period, beginning from the In-Service Date of the Charging Equipment. SCE will invoice the Page | 12
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Program Participant for such costs, and Program Participant shall pay such invoice within sixty (60) days of receipt.
10. Indemnification and Liability; No Representations or Warranties
10.1. Program Participant understands that SCE makes no representations regarding manufacturers, dealers, contractors, materials or workmanship of the Charging Equipment. Further, SCE makes no warranty, whether express or implied, including without limitation the implied warranties of merchantability and fitness for any particular purpose, use, or application of the products and services under the Program. Program Participant agrees that SCE has no liability whatsoever concerning (1) the quality, safety or installation of such products, including their fitness for any purpose, (2) the workmanship of any third parties, (3) the installation or use of the products. Program Participant hereby waives any and all claims against SCE, its parent companies, directors, officers, employees, or agents, arising out of activities conducted by or on behalf of SCE under the Program. Without limiting the generality of the foregoing, Neither SCE nor Program Participant shall be liable hereunder for any type of damages, whether direct, or indirect, incidental, consequential, exemplary, reliance, punitive or special damages, including damages for loss of use, regardless of the form of action, whether in contract, indemnity, warranty, strict liability or tort, including negligence of any kind.
10.2. Indemnification of SCE. To the fullest extent permitted by law, Program Participant shall, at SCE’s request, indemnify, defend, and hold harmless SCE, and its parent company, subsidiaries, affiliates, and their respective shareholders, officers, directors, employees, agents, representatives, successors, and assigns (collectively, the “Indemnified Parties”), from and against any and all claims, actions, suits, proceedings, losses, liabilities, penalties, fines, damages, costs, or expenses, including without limitation reasonable attorneys’ fees (a “Claim”), resulting from (a) any breach of the representations, warranties, covenants, or obligations of Program Participant under this Agreement, (b) any act or omission of Program Participant, whether based upon Program Participant’s negligence, strict liability, or otherwise, in connection with the performance of this Agreement, or (c) any third-party claims of any kind, whether based upon negligence, strict liability, or otherwise, arising out of or connected in any way to Program Participant’s performance or nonperformance under this Page | 13
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Agreement. This indemnification obligation shall not apply to the extent that such injury, loss, or damage is caused by the sole negligence or willful misconduct of SCE.
10.3. Responsibility for Repairs. If Participant -installed equipment damages SCE-owned Infrastructure, Participant will be responsible for any costs associated with making any necessary repairs. If SCE identifies an improper installation of Participant-installed equipment, Participant agrees to pay for and be responsible for making any necessary corrections in the manner requested by SCE.
10.4. Defense of Claim. If any Claim is brought against the Indemnified Parties, Program Participant, at SCE’s request, shall assume the defense of such Claim, with counsel reasonably acceptable to the Indemnified Parties, unless in the opinion of counsel for the Indemnified Parties a conflict of interest between the Indemnified Parties and Program Participant may exist with respect to such Claim. If a conflict precludes Program Participant from assuming the defense, then Program Participant shall reimburse the Indemnified Parties on a monthly basis for the Indemnified Parties’ defense costs through separate counsel of the Indemnified Parties’ choice. If Program Participant assumes the defense of the Indemnified Parties with acceptable counsel, the Indemnified Parties, at their sole option and expense, may participate in the defense with counsel of their own choice without relieving Program Participant of any of its obligations hereunder.
11. Miscellaneous
All Applicable Tariffs Apply. All applicable SCE tariffs apply to service provided pursuant to this Agreement, with the following exceptions:
11.1. Rules 15 and 16. Distribution Line and Service Extensions: Because SCE will design and install the Infrastructure at no cost to Program Participant, sections in Rules 15 and 16 that address applicant responsibilities or options are not applicable to Program Participants while participating in the Charge Ready Charging Infrastructure and Rebate Program. This may include, but is not limited to, allowances, contributions or advances, payments, refunds, and design and installation options. This exception does not apply to certain responsibilities found in Rule 16, such as, but not limited to, Section A.10, providing rights of way or easements; Section Page | 14
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A.11, providing access to the location; and Section D.1, providing a clear route for the Service Extension.
11.2. Survival. Program Participant’s obligation to pay Termination Costs and to indemnify the Indemnified Parties shall survive the expiration or termination of this Agreement.
11.3. Assignment. Program Participant shall not assign this Agreement without the prior written consent of SCE; to be granted or denied in SCE’s sole discretion. Any assignment and assumption shall be in a form acceptable to SCE, in SCE’s sole discretion.
11.4. All applicable SCE tariffs apply to service provided pursuant to this Agreement including, but not limited to, the applicable provisions of SCE’s Charge Ready Program (CRP) Tariff Schedule filed with the California Public Utilities Commission. This Agreement shall be subject to such changes or modifications by the Public Utilities Commission of the State of California, as said Commission may, from time to time, direct in the exercise of its jurisdiction.
11.5. Should a conflict exist between the Charge Ready Program Guidelines and this Agreement, then this Agreement shall control with respect to such conflict.
11.6. Incentives and Rebates are taxable and if greater than $600 will be reported to the IRS unless the payee is exempt. SCE will report the rebate as income on IRS Form 1099. The payee should consult its tax advisor concerning the taxability of the Rebate Payment.
This Agreement can be signed electronically. If wet signature required, this Agreement can be downloaded and signed. Following signature, the Program Participant can upload the completed Agreement. SCE will verify for completeness and accuracy and will execute the Agreement and reserve funding accordingly.
AGREEMENT BY PROGRAM PARTICIPANT
By signing this document, you represent that the information provided in this Agreement is true, accurate and complete, and that you will comply with the terms and conditions set forth in this Agreement. You also represent and warrant that you are a duly authorized representative of Program Participant with the requisite authority to enter into this Agreement. For federal government Program Participants, you must be a Contracting Officer authorized to enter into this Agreement.
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Name of Program Participant: GARDENA, CITY OF
________________________________________________
Name of Program Participant Representative:
________________________________________________
Title of Program Participant Representative:
_______________________________________________
I certify that the information provided is accurate and complete and that I have authority to sign this Agreement on behalf of Applicant.
Signature
Date:
AGREEMENT BY PROPERTY OWNER (If Program Participant is the Property Owner, no separate signature is required.)
By signing this document, you represent and warrant that you are a duly authorized representative of the owner of the property on which the Site is located and that you have the requisite authority to consent to the use of the property in the manner set forth in this Agreement. You also represent that Property Owner hereby approves the installation and operation of the Infrastructure and the Charging Equipment, as well as any other necessary equipment to deploy the Charging Equipment pursuant to the Program as described in this Agreement. You further agree to execute the Easement Agreement (see Appendix A link) within thirty (30) calendar days after Easement Agreement is provided by SCE.
Name of Property Owner Representative:
__________________________________________
Title of Property Owner Representative:
___________________________________________
I certify that I have authority to sign this Agreement on behalf of the Property Owner.
Signature
Date:
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Endnotes
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 19.A
Section: COUNCIL ITEMS
Meeting Date: July 11, 2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Designation of Voting Delegate / Representative for the League of California Cities Annual Conference and Expo - September 20-22, 2023 COUNCIL ACTION REQUIRED:
Staff Recommendation: Designate Voting Delegate
RECOMMENDATION AND STAFF SUMMARY:
Staff respectfully recommends that the City Council designate a member of the City Council to serve as the City of Gardena's Voting Delegate during the September 20-22, 2023, League of California Cities Annual Conference and Expo.
Consistent with League bylaws, a city's voting delegate must be designated by its City Council.
As Gardena's Delegate to the Los Angeles County League of California Cities, Council Member Rodney G. Tanaka is available to attend and represent the City of Gardena at the Annual Conference and Expo and will be available to serve in this capacity. Therefore, Staff recommends that the City Council designate Council Member Tanaka to represent the City of Gardena as its official Voting Delegate during the League's Annual Conference and Expo in September. Council Action regarding selection of Voting Delegate is advised by August 28, 2023. The
Selection information, attested by the City Clerk, will be submitted to the League of California Cities Office by the required 2023 deadline.
FINANCIAL IMPACT/COST:
N/A
ATTACHMENTS:
2023 Voting Delegate Packet.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
L
eague of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Ev
ery year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Tak
ing place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To ca
st a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Pl
ease complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.
New
this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Act
ion by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.
Pl
ease note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Council Action Advised by August 28, 2023
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:
Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
CITY: ________________________________________
202
3 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _______________________________
Email: ______________________________
3. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _____________________________
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND
ALTERNATES OR
ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Na
me: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.
Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.
The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.
Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.
Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.
Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.
Potential Cal Cities bylaws amendments are also
considered at this meeting.
Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.
General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.
What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).