DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 triNLAJ
City of Los Alamitos
Janitorial Services for City Facilities
Vendor/ Ordering Materials & Equipment/Training
Work Plan/ Orientation
The Phase- In stage is the key to our successful track record of providing exceptional janitorial services to government agencies and commercial clientele.
Staffing Training
While the executive staff of Joncowest are working with the City of Los Alamitos to provide a seamless transition of services, our Human Resources team will be working on training our staff, so they are ready to begin work fully prepared on day one.
Joncowest training consists of:
Basic Office Cleaning — Detailing the systematic steps to daily office cleaning covering, desk servicing, trash removal, general dusting, and floor care. This includes viewing training media and demonstrations of the proper techniques to use. Emphasis is on quality cleaning, proper product use, and safety.
Disinfectant Surface Cleaning — Detailing the systematic steps to daily surface cleaning covering desk, cabinets, phones, tables, appliances, fixtures, door handles, and sinks.
Ground Rules for Professional Custodians — Enforcing the establishment of a professional attitude in all custodial workers includes the instilling of pride in workmanship and total awareness of our quality requirements. Also the strategic approach in focusing on the "do's and don'ts" in such areas as personal conduct, security, cleaning techniques, customer relations, building mechanical controls, energy conversation, and work patterns are highly emphasized.
Specific Contract Training — Each contract and location is unique within itself.
Inclusive in our training is a customized training program for specific requirements in the contract from cleaning task to security and safety requirements. We also address government furnished property, tenant missions, physical security, fire and traffic regulations.
Basic Rest Room Cleaning — Proper procedures for cleaning, disinfecting, and servicing of fixtures and accessory items found in all rest rooms are covered in great detail including viewing recorded with a demonstration of the proper techniques. Again, emphasis is on quality cleaning, proper product use, and safety.
Daily Floor Maintenance — Covering basic procedures to care for both carpet and tile floor surfaces using such techniques as micro flat mop dusting, spray buffing, wet flat mopping and damp flat mopping, and HEPA vacuuming as requested per the RFP 2021- 06.
6
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Material Training
All newly hired employees will be required to attend our standard orientation/training as part of our hiring process. This training includes specific training on use of specialized equipment, supplies, and chemicals and is provided in partnership with our supply vendors, who by request can be physically on-site to assist in this training.
The success of this training will produce the following:
Introductions to cutting- edge technologies designed to improve cleaning standards while reducing labor cost and hazards
Installation of safer work practices that will comply with the City of Los Alamitos required measures of duties & responsibilities per the RFP# 2021- 06 Trained Staff Members who will continually self-evaluate their work, ensuring that the results are reachable and satisfactory
Equipment Training
Equipment maintenance begins with the equipment operator. Each operator is trained in the proper use and care of equipment. Equipment that will be assigned to this contract complies with all Government safety standards. Included in each operator' s job description is the requirement to clean and maintain the equipment after each use.
Inspection of the equipment' s condition and cleaning of the equipment after each use is incorporated into our Quality Control Inspection Program. The Crew Leader incorporates the inspection of equipment into their daily responsibilities.
All equipment and tools provided by Joncowest shall be heavy-duty commercial grade equipment for performance of the City of Los Alamitos needs. Equipment showing signs of wear to the extent that a task cannot be performed will be promptly replaced.
All equipment shall have bumpers and guards to prevent marking or scratching fixtures, furnishings, or building surfaces. Electrical equipment used by Joncowest shall be UL approved, meeting OSHA requirements, and all other safety requirements as specified in RFP# 2021- 06.
Quality Control
Joncowest's traveling supervisor will be responsible for ensuring that our high cleaning standards are met. Our Supervisor will employ the following Quality Control process:
Inspections: Facilities will be inspected on a regular schedule, along with weekly unannounced inspections. Using customized quality control inspection reports, the Supervisor will review the cleaning staffs work and note all findings. 7
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Deficiency Correction: Any deficiencies found during the inspections are listed on the quality control reports. These deficiencies are corrected through employee coaching and training. Once the deficiencies have been corrected, the Supervisor documents the steps taken to correct the problem and the report is forwarded to the Project Manager for review.
Process Improvement: The Project Team will review the quality control reports monthly to identify the root cause of any repetitive deficiencies and changes to the Joncowest training process, if necessary leading to remedying these deficiencies.
leompany Profile
Jonwest is certified with the Women' s Business Enterprise National Council (WBENC) and California certified Small Business that has been actively engaged in providing residential and commercial janitorial services since 1975. Joncowest is a domestic LLC business entity that is registered with the California Secretary of State.
Located in Corona California, Joncowest offers a wide range of professional cleaning services for commercial and industrial locations. Our dedicated project team has decades of janitorial and facilities maintenance experience. Here at Joncowest we have a documented history of providing similar scopes of work to those outlined in the City of Los Alamitos' RFP # 2021- 06.
Joncowest has serviced over 20 million square feet of commercial space while adhering to the highest industry standards pertaining to safety, biohazards, sanitation, Covid- 19 mitigation protocols, green cleaning, and customer service. Through our extensive training program and on- boarding process, Joncowest educates our employees on optimum cleaning standards that we apply to each opportunity we have to service out clientele.
rincip e Office Location
Joncowest will provide the janitorial services outlined in this solicitation from our Corona California facility.
alificat of Assigned Personnel
Proposed Project Team
8
DocuSign Envelope ID: 07F6A61A-463C-43B2-9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Pattie
Patrick
Project Manager
Elsa Jones
a -
Customer Relations
ployee Manager Supervisor
Brandi
Shift Supervisor
ant oria anttoriaa Janitorial
Staff Staff Staff
Pattie Patrick, Project Manager
Ms. Patrick will be responsible for the management of personnel, company assets, resources, health and safety protocols, training, coaching, and motivation of leadership staff.
Iris Martinez, Employee Manager
Ms. Martinez will be responsible for identifying and assigning Joncowest staff to the City of Los Alamitos RFP # 2021- 06. Ms. Martinez will assist in the overall direction, coordination, and evaluation of staff engaged in cleaning and maintaining the City of Los Alamitos locations.
Elsa Jones, Customer Service Supervisor
Ms. Jones will work with the City of Los Alamitos with regards to Joncowest policies, practices, and programs regarding safety. Ms. Jones will monitor all safety concerns and report any findings to the City of Los Alamitos Project Manager.
Ms. Jones will also oversee Joncowest' s
facility staffing, employee relations, equal
opportunity acts, and health and safety policies and practices to ensure that all applicable provisions of federal and state labor laws including the maintenance of necessary files are adhered to.
9
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Brandi Jones, Shift Supervisor
Ms. Jones will be the Shift Supervisor and will provide janitorial staff leadership to manage the City of Los Alamitos. She will ensure that Joncowest' s high cleaning standards are being met and all quality control documentation is completed and archived. Ms. Jones will also conduct quality control inspections, facility equipment inspections, and will ensure that the facility is properly maintained. When deficiencies are discovered, she will report them to the proper project contacts.
Full resumes provided as Attachment B
Reference 1: Walmart Fulfillment Center
Walmart Fulfillment Center
Multiple Centers: 8103, 7049, 8799, and 6561
Contract 10/ 15/ 2018 to present
Dates:
Contact: Randall Bishop
Facilities Manager
6720 Kimball Ave
Chino, CA 97108
Phone: ( 909) 313-3116
Reference 2: City of Santa Barbara
City of Santa Barbara
s Property Address: 1221 Anacapa Street
1 Santa Barbara CA 93101
I
J
Contract 06/ 13/ 2020 to present
Dates:
Contact: i Dion Tait, Supervisor
Facility Maintenace
1221 Anacapa Street
Santa Barbara, CA 93101
Phone: ( 805) 564- 5657
10
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Reference 3: City of Pasadena
City of Pasadena
Property Address: 100 N Garfield Ave
PA lADENA
Pasadena, CA 91101
Contract 05/ 16/ 2020 to present
Dates:
Contact: Michael Woolson, Management Analyst
City of Pasadena
100 N Garfield Ave
Pasadena, CA 91101
Office: ( 626) 744- 7359
Reference 4: California Highway Patrol
California Highway Patrol Inland Division Air Operations 3 Sacramento, CA 95811
Contract 04/ 01/ 2020 to present
Dates:
Contact: Lila Peranteau, Office Technician
California Highway Patrol
601 North 7th Street
Sacramento, CA 95811
Office: ( 760) 240- 8004
11
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 alre
City of Los Alamitos
Janitorial Services for City Facilities
Reference 5: California Department of Motor Vehicles
California Department of Motor Vehicles
SYlIE( 1fv`MiWhfb
Multiple Locations: Victorviile, Barstow, & Needles
3r+" N( hi iw ihr 4f vinatia
Contract 01/ 01/ 2020 to present
Dates:
Contact: Victoria Prevost, SSM 1
California DMV
2415 First Ave
MS F106
Sacramento, CA 95818
Office: ( 916) 657- 8772
Proposal
Section F: Proposal Schedule is provided as Attachment A. Below are the hourly rates for each service category:
Janitorial Staff
Team Member
26. 50 hourly rate includes blended rates
8 hours nightly
40 hours weekly
172 hours monthly
Project Manager/ Upper Office Staff
30. 60 hourly rate includes blended rates
5. 3 hours weekly
23 hours monthly
12
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 ioVEST
City of Los Alamitos
Janitorial Services for City Facilities
ofPersonnel to be Assigned
The specific staff that will be assigned to each site are:
Site On-Site Personnel
City Hall 1 Ivan Perez
City Hall 2 Ivan Perez
City Council Chamber Ivan Perez
Community Center Ivan Perez
The Youth Center Cloys Jones
Public Works Break Room Cloys Jones
Public Works Garage Cloys Jones
Preschool Building Cloys Jones
Joncowest has reviewed the insurance requirements set forth by the City of Los Alamitos, RFP # 2021- 06 and affirms that they can provide requested proof and documentation as described and said insurance will be in force at the time of contract execution.
13
DocuSign EnvelopeiD: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Jc1 p
City of Los Alamitos
Janitorial Services for City Facilities
ATTACHMENT A: COST PROPOSAL FORM
ATTACHMENT B: RESUMES
14
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153
SECTION F
PROPOSAL SCHEDULE
REQUEST FOR PROPOSAL( RFP) 2021- 06
TRAFFIC SIGNAL MAINTENANCE SERVICES
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
DESCRIPTION OF CITY SQUARE FREQUENCY UNIT
FACILITY FOOTAGE PER WEEK PRICE
CITY HALL 1 2, 280 5 830. 00
CITY HALL 2 2, 256 5 830.00
CITY COUNCIL CHAMBER 1, 920 5 275. 00
COMMUNITY CENTER 8, 956 5 1350. 00
THE YOUTH CENTER 3, 419 5 717.00
PUBLIC WORKS BREAKROOM 1, 800 5 450. 00
PUBLIC WORKS GARAGE
OFFICES
1, 600 5
380.00
PRESCHOOL BUILDING 1, 100 5 430.00
TOTAL $ 5262. 00
The Company shall be responsible for calculating and providing unit prices for the schedule. The Proposal Schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications and details.
Proposal Schedule Total: $ 5262 Q0
Proposal Schedule Total( in word): Monthly proposal schedule of five thousand, two hundred and sixty two
dollars and zero cents.
Joncowest 1/ 3/ 2022
Company Name of Proposer Date
Request For Proposal 2021- 11
JANITORIAL SERVICES FOR CITY FACILITIES 2021
City ofLos Alamitos
261Page
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Pattie
Patrick
Facilities Manager
C
13t't'.12 A'•;;:.1 Lc. l G
E, If t . . CA.« V JFi
95Gt 724-5: 87
SKILLS
Multitasking, Bitting, Accounts Payable& Receivables. Procurements, Bidding. Estimates. Payroll. Bookkeeping. Proficiency In MS Office and Outlook. Manages vendor relationships and trains. Conducts finals analysis, Ability to lead. Negotiates major projects..
EXPERIENCE
JoncoWest. Eastvete. California- Executive Manager
Arrr: 24115 PRESENT
Responsible for all operations. acting as contact for all staff, prospects. community organizations, government agencies and the pubic.
Supervises. directs. and motivates staff
Develops annual operating and capital budgets. Aggressively anticipates and minrmzes negative budget variances and deficits.
Fresh Start. Corona. California • Housekeeping Manager
5.; pten' ber 2012 Ccrihai 2014
Handle all work schedules and manage open positions.
vacations and absenteeism to ensure that all work is completed per statement of work.
Inspects customer accounts to verify quality of work and compliance with site specific procedures and customer' s statement of work,
EDUCATION Ohio State University. - AS in Business Managrnrnt Any' 15 3? C.:a n--r: 1036
Acquired proficiency in communication. entrepreneurship, finances. and data sciences and operations.
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 3 ElsaJones ISSN SmartbtrdAwntura. FE33160 460$ UZ onoormestcom EXPERIENCF.
EDUCATION
joncoWest LLC, Corona, CA— Human
Resources Recruiter A. • Columbus State, Industrial relations S'° tam+ athdtt Itri+ itl SSQ E. Street, tunbusOH 4321S n t,* t p . terc.; tCK'
1r 3 nslt, t:rf^try t. ra„ Enr ssAtnu, ux7,:4*,
S+ = ti F t":fit rcloc tieni7 ti,Ipbr;ecwlutes
c 1 ntE' tT _: N th. tint. s. ternpen vat us. l'Crrelit,:
SKILLS
rr1tterk n, tersd tis*- tcccnlQ++' tm l'mplcvice En: 01e. Itela: sttn t rrtietstli. t8 nn- l't+?re nt. 7•.: 4{ t,t+(ttsti7 zCng Ir.tm.ng tichofitling terfonnzr.o, M.,* ImYn: anjetnf*. s.! m I I KM spechslist r-.+;;star ssa Coachin3
l . d'a a fir: Opte rt KititnasanJ einumunieattousi: ieFA tttirristrative ta. k Pro cttw`ity.
t= ernrr: st:jnt .-hi.* etestalunntur,, rofrs,
ndviitn,^Levels
Pbuff Industries, Los angeles,CA—
Human Resources
1" A
Implemented effective ttR policies to ensure all
Practices are in en n$ L n u with Later and
empiosIItent regstlation%
Perform t«cereal ttdmtnigratite casks, Document
C rcat ten, and answrnng phone
Fat tictateetnpk rrperformance anti trove,,+°
quanerfv and annually
Walt with difficult staffing dun* including
undo— vatting, ttnttg, deurpintary proceduresarr1
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 JzJ. irk Martine7 130S1 Retsina Awe. Unit f27 Chino. CA. 91710 ( 9091242. 2621 Irismartiner197E. imegmail. com
Ability to train and supervise Janitorial. Sanitation and Facikties techrtioans Engages In Facility strategios and partners up with a* forty stakeholders to ensure execution is accomplished High Ted CapaatyF. Good Time Management and organizational skits. Leadership and Problem soivi ng skids. Strong analytical skills. Safety minded and able so mutt-task Proactive instead of reactive Strong communication stue and Btnguat in Spanish l) rriclice
Ayrt2019- PRESENT
Rummest. Walmart Fulfillment Center- t?Jkrtriious tferu{,rr Scheduling ant/ oversecang all man:enance-related work by managing a learn of maintenance technicians and janitors
Oversee and direct maintenance
Marhtan and coordinate scheduled and unscheduled staff.
March 2010- Pore 2029
jack in.the Box Inc Chino Caiiforrina- Sfiij?. 5urper riser Lead the team members in achieving the shift targets according to franchise standards r e safety. food Quality. sarntafwn. cleanliness. and customer serwcel Performed admrnstratwe duties in the areas of cost control, cash handling and the completion of a required report for your shift
Perform administrative duties in the areas of cost control. cash handling and the oo+nptetan of a required report for your shift,
October 2000- Norember ZOOS
Mkgonaid' s Inc. Southern California- foistedt ifedeg r Oversees the people. processes, and operations for store location Establishes and reviews un t. specdc performance targets in guest service Trains coaches, and supports managers through planning, goal salting and utilizing waoess rouores.
May 2006- key 2000
Chian Canew. 51197 College Pad/: b roue Claim CA91711-. Ltu/rirtesn(. Irk( LI) Concentration on English and Psy hotogy
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 r Cloys Jones
Cloys Jones
13156BaderSwings Drive
Rancho Cucamonga. CA 91730
Skills Excellent verbal and wntton communicator slues. Ability to speak effectively before groups or customers or empkriees of organizations.
Afihty to read and Interpret documents such as; safety rules. operating and maintenance instructions and procedure manuals. Abikly to write routine reports and corespondents. Intennediaae Microsoft Surto computer skills required.( Word: Excel. PowerPoint. Preyed. etc.) Experience Joncowest/ Facilittgs Manager
May 2018- PRESENT. Chino. Califarnla
Selects and assigns stag, Maintains records, prepares reports. and composes correspondence relative to the work Evaluates and verifies employee perlbrrnance. Train and supervise Janitorial. Sanitation and Facilities technicians.
Jonce Chemical Campeau/ Floor Manager
April 2010• Tore 2018. Cokenbus. Ohio
Safely and efficiently operated equipment through proactive preventive maintenance. Monitor the maintenance and upkeep of all mechanical equipment. Ublizes various equipment for suubdng. buffing and waxing floors. Performed minor repairs as may be required.
OAtlas Commercial/ Janitorial Manager
May 2000. October 2010.Columbus Ohio
Working Supervisor, Sweeps. vacuums, mops. scrubs. waxes and polishes floors using industrial vacuum cleaners and scrubbing and buffing machines.
Education
Columbus State Community College/ Business Management
Cert.
March 2008- December 2008. Columtxis. Ohio
organizational management
Organizational Behavior
Marketing
Accounts
Human Resource Management
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 11p BRANDI. ONES
7li)4o6-1013 BrandUtj gmaitcont
130 Valley St Pasadena, CA 9000E
Experience:
WALMART DISTRIBUTION( SUPERVISOR)— 11120- 03120 LOS ANGELES To get severed M performance management of associates( e.t adalees1 atevol. lateness, returns to work. met
To salve and manage aafcnrr issues es they ads* and refer to the weir manageress team when necessary
To Assist in the development and retention of an effective lean To ensw goal housekeeping is maintained awugtwu at areas in the store. and to conenunrcate non the minor management loam in case an incident happens
To conntmrrcade watt Me ma ageareent tram on a defy bears with information regarding peraa+net product and procedure*
STAPLES( SHIFT SUPERVISOR)— 04/ 17 - 03/20 LOS ANGELES, CA Creates a work environment that promotes saanv* vvk• recognition. mutual respect and ampioyea satisfaction
Moines Pit Manager andtor Shutt Manager ervrodiaiey of any unusual activity of high inlet play Corded* and dress tames an progress by mowing and proving assistance and dealer correction Provides and monitors on,Me job tralemp for Madera to ensure staff receives adequate guidance. resources., and information for adequate lob performance Provide recognition anti improvement cosectti g' s for Team Members in aemrdanoewith company policy Provide lop level Customer service by answering questions, resolving deputes and Ming requests TUESDAY MORNING( SUPERVISOR)--- 07/ 14- 02/ 17 DALLAS, TX Acts as store manager in the absence of the Manager and Astdstark Manager Develop and retain talented employees, by recognising and rewording performance though montNy developrnmkt piano and areour performance_ reviews
Perform good customer service by assisting customers in person or on the phone. Provide information to customers on current nt product features and semen
Asset Store and Assistant Managers ri managing at peraorinet, product and merchandising baedooeea.
Marietta proazsses and done results
Attends rreWcenter management meetsgs in the absence of the General Manor' i associate Manager Assam* with daily management reaponsibables of the store Assist in recruiting. waiving and dovetailing Saks Asaodahas Education — University ofAustin 2012. 2016- Bachelor of Science Skills
tE Koc' nrrd ets. aly le moeaor and manage be wstwerst sweat esten• na• an der sass soar Steno wrest conimm st of al• Mwet d• rneretleed teadendvo ahoy. main, deserve and envx$. medbam Wark•+p tnoM• dge at basic dewing~ waft and try-.,---.-..
Abby to coact, and= Wate a team M aarared sit and pate rands Dabsmimed and Nd y orpea ed
Emsentabf6yM IMMIX anti manage wormer immoral Immosdaur Tea bark eandsonas We representative and Mama it s1mfar lab* in urearatie organ rat ens P roaaenr man erica mist*, indud. mV Wasdowp ate M ioosc* Mica
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 12A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: 2022 Building Standards Code and Fire Code Adoption
SUMMARY
The State’s Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. Every three years the State of California adopts model building codes. The 2022 California Building Standards Code will take effect on January 1, 2023. The City is charged with adopting local amendments necessary for local conditions before the end of the year in order for the amendments to be effective. The attached Ordinances implement the adoption.
RECOMMENDATION
1. Open the Public Hearing and take testimony: and,
2. Adopt Ordinance No. 2022-05, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS,CALIFORNIA, AMENDING CHAPTER 15.04 OF TITLE 15 OF THE LOSALAMITOS MUNICIPAL CODE AND ADOPTING THE 2022 EDITION OF
THECALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OFREGULATIONS, TITLE 24) CONSISTING OF: THE 2022 CALIFORNIAADMINISTRATIVE CODE; THE 2022 CALIFORNIA BUILDING CODE,INCLUDING APPENDIX J; THE 2022 CALIFORNIA RESIDENTIAL CODE,INCLUDING APPENDICES AX; THE 2022 CALIFORNIA ELECTRICALCODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022CALIFORNIA PLUMBING CODE; THE 2022 CALIFORNIA ENERGY CODE;THE 2022 CALIFORNIA HISTORICAL BUILDING CODE; THE 2022CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA GREENBUILDING STANDARDS CODE; AND THE 2022
CALIFORNIAREFERENCED STANDARDS CODE, TOGETHER WITH
CERTAINAMENDMENTS, ADDITIONS, AND DELETIONS; AND ADOPTING THE 2021INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE 2021INTERNATIONAL
SWIMMING POOL AND SPA CODE, TOGETHER WITHCERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS"; and,
3. Adopt Ordinance No. 2022-06, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING CHAPTER 15.08 OF THE TITLE 15 OF THE LOS ALAMITOS MUNICIPAL CODE AND ADOPTING THE 2022 EDITION OF THE CALIFORNIA CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9),
INCLUDING APPENDICES B, BB, C, AND CC, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS".
BACKGROUND
The State’s Health and Safety Code (Section 17958) mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24 California Code of Regulations) every three years. The 2022 Edition of the California Code of Regulations Title 24, which incorporates the below-listed model codes, becomes effective on January 1, 2023. The State of California Building Standards Commission has adopted the 2022 California Building Standards Code, which includes the following codes:
California Building Standards Code Reference Model Code 2022 California Building Code 2021 International Building Code (ICC) 2022 California Residential Code 2021 International Residential Code (ICC) 2022 California Green Building
Standards Code
2022 California Plumbing Code 2021 Uniform Plumbing Code (IAPMO) 2022 California Mechanical Code 2021 Uniform Mechanical Code (IAPMO) 2022 California Electrical Code 2020 National Electrical Code (NFPA) The construction codes proposed for adoption by reference or with amendments include the following:
2022 California Administrative Code
2022 California Building Code
2022 California Residential Code
2022 California Green Building Standards Code
2022 California Energy Code
2022 California Plumbing Code
2022 California Mechanical Code
2022 California Electrical Code
2022 California Existing Building Code
2022 California Historical Building Code
2022 California Referenced Standards Code
2021 International Property Maintenance Code
2021 International Swimming Pool and Spa Code
The Development Services Department is recommending that changes and modifications be made to the above referenced codes, and such changes are reasonably necessary due to local climatic, topographic and geographic conditions in Los Alamitos. Other modifications are of an administrative or procedural nature and concern themselves with subjects that are not covered by the codes or are reasonably necessary to safeguard life and property within the city.
The Public Hearing Notice for this meeting was published in the News Enterprise on November 2, 2022.
DISCUSSION
The attached ordinance sets forth the necessary findings to enable the City to amend the new construction codes to reflect our local conditions. The attached ordinance incorporates the following amendments to reflect our local conditions:
1. Roofing Materials: Due to the serious hazard of rapid fire spread in local high winds, minimum Class B roof covering is specified and the use of untreated wood roofs is prohibited for new buildings and re-roofing of existing buildings. This provision already exists from the previous code adoption cycle. (Building Code Section 1505 and Residential Code Section R902)
2. Concrete and Masonry Foundation Walls: Due to the high seismic area in Orange County, prescriptive design of concrete and masonry foundation walls that are laterally supported at the top and bottom is prohibited. (Building Code Section 1807.1.6)
3. Swimming Pool Barrier: The warm, dry climate in the region is conducive to swimming pools which create a higher probably of child drowning where pools are unprotected. This provision already exists from the previous code adoption cycle. (Building Code Section 3109.2 and Residential Code Appendix V)
4. Small Wire Installation: Due to frequent improper installation of certain conductor material, additional provisions are required to minimize shock or fire hazard. These provisions already exist from the previous code adoption cycle. (Electrical Code Article 310.106(B) and 310.121)
The proposed amendments are consistent with the Orange County Code Uniformity Group and have the support of the Orange County Building Industry Association. The remainders of the proposed amendments are administrative or procedural in nature, such as defining the size of addresses for the Building Code to be consistent with the requirements of our Los Alamitos Municipal Code.
Orange County Fire Authority (OCFA) changes
Orange County Fire Authority is providing amendments to the code with the goals to maximize alignment between OCFA and State-adopted requirements and to reduce amendments to only those that are necessary and practical to ensure that they:
a. Address local conditions (climate, geology, topography). b. Are necessary from a life-safety/firefighting/fire prevention standpoint. c. Are necessary from an administrative standpoint, and/or practical from an enforcement standpoint.
For this round of Code adoption there are 75 amendments summarized by OCFA as follows:
48 are being carried forward either as-is or with minor clerical/editorial changes. 2 are revisions to the language set forth with the 2022 amendments. o 12 are items being deleted, some of which address mobile fueling (specifically prohibiting on-demand mobile fueling) and specifications for battery charging systems.
o 2 are new amendments that address the outdoor piling of combustible materials
at commercial facilities.
Tonight is the first reading of the proposed Ordinances. The second reading will be occur during a Public Hearing at the next City Council meeting. Following the second reading and adoption, the Ordinances would go into effect 30 days after adoption.
FISCAL IMPACT
None.
Attachment: 1. Ordinance 2022-05 - Building Code
2. Ordinance 2022-06 - Fire Code
1726628.1
ORDINANCE NO. 2022-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING CHAPTER 15.04 OF TITLE 15 OF THE LOS ALAMITOS MUNICIPAL CODE AND ADOPTING THE 2022 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24) CONSISTING OF: THE 2022 CALIFORNIA ADMINISTRATIVE CODE; THE 2022 CALIFORNIA BUILDING CODE, INCLUDING APPENDIX J; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDICES AX; THE 2022 CALIFORNIA ELECTRICAL CODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022
CALIFORNIA PLUMBING CODE; THE 2022 CALIFORNIA ENERGY CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE; THE 2022
CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2022 CALIFORNIA
REFERENCED STANDARDS CODE, TOGETHER WITH CERTAIN
AMENDMENTS, ADDITIONS, AND DELETIONS; AND ADOPTING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE 2021
INTERNATIONAL SWIMMING POOL AND SPA CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS.
WHEREAS, pursuant to California Government Code Section 50022.1 et seq., the City of Los Alamitos ("City") may adopt by reference the California Building Standards Code, 2022 Edition, as provided in Title 24 of the California Code of Regulations; the 2021 International Property Maintenance Code and the 2021 International Swimming Pool and Spa Code; and,
WHEREAS, the California Building Standards Commission recently adopted new amendments to the California Building Standards Code, which will become effective statewide on January 1, 2023; and,
WHEREAS, California Health & Safety Code Sections 17958 et seq., and 18941.5 authorize cities to modify the California Building Standards Code by adopting more restrictive standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological, or topographical conditions; and, WHEREAS, based upon the recommendations of the Building Official, the City Council finds that the proposed amendments to the 2022 California Building Standards Code set forth in this Ordinance, which are more restrictive than the standards adopted by the California Building Standards Commission, would decrease the potential incidence of property damage, injury and death due to fires and earthquakes, and are reasonable and necessary to mitigate local climatic, geological or topographical conditions; and, WHEREAS, on October 17, 2022, the City Council introduced this Ordinance for first reading at a regular meeting of the City Council, and set a public hearing and second reading of the Ordinance for November 14, 2022; and,
WHEREAS, the City Council held a public hearing on November 14, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of
CC ORD 2022-05
1726628.1
adopting the 2022 California Building Standards Code as amended herein, as well as, the adoption of the 2021 International Property Maintenance Code and the 2021 International Swimming Pool and Spa Code; and,
WHEREAS, pursuant to Government Code Section 6066, the City published notice of the aforementioned public hearing; and,
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. Health and Safety Code Section 17958 et seq., authorizes the City to adopt ordinances and regulations imposing the same requirements as are contained in the California Building Standards Code (California Code of Regulations, Title 24) adopted by the State pursuant to Health and Safety Code Section 17922. Health and Safety Code Sections 17958.5 and 18941.5 permit the City to make changes or modifications to the California Building Standards as are reasonably necessary because such changes or modifications are needed due to climatic, geographic, or topographic conditions.
B. The Fire Official and City Building Official recommend that certain changes and modifications to the 2022 California Building Standards are reasonably necessary due to local conditions within the City, certain changes and modifications are of an administrative or procedural nature or concern themselves with subjects not covered by the California Building Standards Code, and certain changes and modifications are reasonably necessary to safeguard life and property within the City of Los Alamitos.
C. Findings of local conditions are set forth in Exhibit “A” of this Ordinance and incorporated herein by reference. Such findings demonstrate the need for amendments to the 2022 California Building Standards are reasonably necessary because of local climatic, geological, or topographical conditions.
SECTION 2. Chapter 15.04 of the Los Alamitos Municipal Code is hereby amended and restated in its entirety to read as follows:
Chapter 15.04 BUILDING CODES
15.04.010 Construction codes adopted.
15.04.020 Amendments to the 2022 California Building Code.
15.04.030 Amendments to the 2022 California Residential Code.
15.04.040 Amendments to the 2022 California Electrical Code.
15.04.050 Amendments to the 2021 International Property Maintenance Code.
CC ORD 2022-05
1726628.1
15.01.060 Amendments to the 2021 International Swimming Pool and Spa Code.
15.04.010 Construction codes adopted.
A. For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, maintenance, equipment uses, height, and area of buildings and structures, the following construction codes subject to the modifications set forth in this Chapter, are hereby adopted:
1. The 2022 California Administrative Code (Title 24, Part 1);
2. The 2022 California Building Code (Title 24, Part 2), including the administrative provisions included in Division II of Chapter 1 and Appendix J, based on the 2021 International Building Code as published by the International Code Council;
3. The 2022 California Residential Code (Title 24, Part 2.5), including Appendix AX, based on the 2021 International Residential Code as published by the International Code Council;
4. The 2022 California Electrical Code (Title 24, Part 3), based on the 2020 National Electrical Code as published by the National Fire Protection Association;
5. The 2022 California Mechanical Code (Title 24, Part 4), based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials;
6. The 2022 California Plumbing Code (Title 24, Part 5), based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials;
7. The 2022 California Energy Code (Title 24, Part 6);
8. The 2022 California Historical Building Code (Title 24, Part 8);
9. The 2022 California Existing Building Code (Title 24, Part 10), based on the 2021 International Existing Building Code as published by the International Code Council;
10. The 2022 California Green Building Standards Code (Title 24, Part 11);
11. The 2022 California Referenced Standards Code (Title 24, Part 12);
12. The 2021 International Property Maintenance Code as published by the International Code Council; and
13. The 2022 International Swimming Pool and Spa Code as published by the International Code Council.
B. The Codes set forth in A.1 through A.13, as amended by this chapter shall constitute the Building Regulations of the City of Los Alamitos and shall be known as the City of Los Alamitos Building Code.
CC ORD 2022-05
1726628.1
C. One (1) copy of all the above construction codes shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 (d)(1) and made available for public inspection.
D. References in Documents and Continuing Legal Effect. References to prior editions of the Building Standards Code or the Municipal Code sections amended herein that are cited on notices issued by the City or other documents of ongoing or continuing legal effect, including specifically resolutions adopting or imposing fees or charges, until converted, are deemed to be references to the new counterpart 2022 Building Standards Code or amended Municipal Code sections for the purposes of notice and enforcement. The provisions adopted hereby shall not in any manner affect deposits, established fees or other matters of record which refer to, or are otherwise connected with, ordinances which are specifically designated by number, code section or otherwise, but such references shall be deemed to apply to the corresponding provisions set forth in the 2022 Building Standards Code adopted hereby. Any fee authorized by the above-referenced construction codes which was in effect in the city at the time of the adoption of this ordinance need not be re-adopted by resolution, and shall continue in effect, and remain unadjusted in amount unless and until the City Council adopts a resolution repealing the fee or establishing a different fee.
15.04.020 Amendments to the 2022 California Building Code.
Section 101.1 Title is amended to read as follows:
These regulations shall be known as the Building Code of City of Los Alamitos, hereinafter referred to as “this code.”
Section 101.4 Referenced code is deleted in its entirety (including sections 101.4.1, 101.4.2, 101.4.3, 101.4.4, 101.4.5, 101.4.6 and 101.4.7), and replaced with the following:
101.4. Referenced Codes. The California Codes listed in Section 1 of this Ordinance shall be considered part of the requirements of this code to the extent of each such reference.
Section 104.8 Liability is amended by adding a sentence to the end of the paragraph to read as follows:
The provisions of this section shall apply if the Building Official or his/her authorized representatives are employees of this jurisdiction and shall also apply if the Building Official or his/her authorized representatives are acting under contract as agents of this jurisdiction.
Section 105.2 Work exempt from a permit is amended by amending the following categories of work that are exempt from a building permit:
CC ORD 2022-05
1726628.1
A. Section 105.2 “Building” Item 1 is amended to read as follows:
1. One story detached accessory structures used as storage sheds, playhouses or similar uses, provided the floor area is not greater than 120 square feet and the ceiling height is not over 7 feet.
B. Section 105.2 “Building” Item 2 is amended to read as follows:
2. Fences not over seven feet high and block walls not over three feet high.
C. Section 105.2 “Building” Item 4 is amended to read as follows:
4. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.
D. Section 105.2 “Building” Item 9 is amended to read as follows:
9. Prefabricated swimming pools accessory to a Group R occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.
Section 105.5 Expiration is amended to read as follows:
105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months and, after its issuance, or if the work authorized on the site by such permit is suspended, abandoned or uncompleted for a period of 180 days after the work has commenced or 180 days past the last required inspection. The building official is authorized to grant one extension of time for not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated. No permit shall be extended more than once.
If work has been suspended or abandoned past 180 days, the permit shall be expired, and new permit(s) issued. The fee for such renewal of permit(s) shall be one half of the original permit fee or one half of the fee of the current adopted fee schedule at the time of renewal. Permits which have been abandoned and require only final inspection may be reissued at minimum fee or as determined by the building official.
Section 105.8 Reconstruction is added to read as follows:
105.8. Reconstruction. If the value of the reconstruction (or renovation) of a building is equal to or exceeds 75 percent of the existing habitable square footage of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or renovation) for a property shall
CC ORD 2022-05
1726628.1
include the value of all construction stemming from construction-related permits issued within the last two years.
Section 107.3 Examination of documents is amended to read as follows:
The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicted and described is in accordance with the requirements of this code and other pertinent laws or ordinances.
An expedited review and permit issuance process shall be provided for EV Charging Stations and simplified forms for submittal will be made available on City’s website.
Section 113.1 General is amended to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals.
The Board of Appeals shall consist of five members and composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of Appeals by reason of, and concurrently with their terms of service as Council members and shall cease to be such members upon their ceasing to be Council members. The Building Official shall be the Secretary of the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters in writing to the Building Official, with duplicative copy thereof to any appellant or contestant affected by any such decision of finding.
Three members of the Board shall constitute a quorum. The Mayor shall be the presiding Officer of the Board. Meetings shall be conducted in accordance with the Brown Act.
The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals as the Board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and making its findings and decisions.
Section 113.3 Qualifications is deleted in its entirety without replacement.
Section 202 General Definitions is amended by adding the following definitions:
BARRIER. Barrier is a fence, wall, building wall, or any combination of these that completely surrounds the swimming pool and obstructs access to the swimming pool.
SWIMMING POOL. Any body of water created by artificial means which is designed, intended for use, or used for swimming or immersion purposes, which
CC ORD 2022-05
1726628.1
has a water depth exceeding 18 inches. The term, “pool,” includes swimming pools, spas, hot tubs, above-and below-ground, and vinyl-lined pools; pool does not include plumbing fixtures such as bathtubs nor does it apply to man-made lakes, reservoirs, farm ponds, or ponds used primarily for public park purposes, water conservation purposes, irrigation purposes or for the watering of livestock.
OCFA: Orange County Fire Authority, fire authority having jurisdiction.
SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.
2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.
Section 502.1 Address identification is amended to read as follows:
[F] 502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property.
Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches in height with a stroke width of not less than 0.5 inch. For R-3 and other occupancies the numbers shall be a minimum of 6 inches high with a minimum stroke width of 1 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.
Section 903.2 Where required is amended to read as follows:
[F] 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided in the following locations:
1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire-sprinklers system shall also be installed in all occupancies when the total building area, as defined in Section 202 of the California Building Code, exceeds 5,000 square feet (465 m2), or more than two stories in height, regardless of fire areas or allowable area.
Exception: Group R-3 occupancies. Group R-3 occupancies shall comply with California Residential Code Section R313.2.
CC ORD 2022-05
1726628.1
2. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists:
a. When the addition is 33% or more of the existing building area and the resulting building area, as defined in Section 202, exceeds 5000 square feet (465 m2); or b. When the addition exceeds 2,000 square feet (185.81 m2) and the resulting building area, as defined in Section 202, exceeds 5,000 square feet (465 m2); or c. An additional story is added above the second floor regardless of fire areas or allowable area.
Section 903.3.5.3 Hydraulically calculated systems is added to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.
Section 1505.1 General is amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:
TABLE 1505.1a
MINIMUM ROOF COVERING CLASSIFICATIONS
TYPES OF CONSTRUCTION
90 100 110 120 130 140 150 PSI
85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
CC ORD 2022-05
1726628.1
IA IB IIA IIB IIIA IIIB IV VA VB
B B B B B B B B B
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with Chapter 7A.
Section 1505.1.2 Roof coverings within all other areas is amended to read as follows:
1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.
Section 1803.1.1.1 Preliminary soils report is amended to add the following:
The Building Official may require a geologic or geotechnical report or both, in accordance with the 2022 California Building Code; a geologic report shall be prepared by a Certified Engineering Geologist licensed by the State of California.
A geotechnical report shall be prepared by a registered Civil Engineer versed in soils engineering and qualified to perform this work. When both a geotechnical and geologic report are required, the two reports shall be coordinated before submission to the Building Official. The Building Official, at his/her discretion shall obtain any technical support necessary to approve the report. Submitted reports shall contain a finding regarding the safety of the site from any variety of geologic hazard and a finding regarding the effect the proposed improvements, grading and/or construction and use of the site will have on the stability of the site and/or property outside the site. Any recommendation or action presented in the approved reports along with any conditions of approval shall be incorporated into the construction of site improvements. A fee shall be collected for the cost of review of the reports and any required addendums.
Section 1807.1.6 Prescriptive design of concrete and masonry foundation walls is amended to read as follows:
1807.1.6 Prescriptive design of concrete and masonry foundation walls.
Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.
Section 3109.1.1 Construction permit; safety features required is added to read as follows:
CC ORD 2022-05
1726628.1
3109.1.1 Construction permit; safety features required. New or remodeled pools or spas, at a private single-family home, shall have an enclosure complying with the amended California Residential Code Appendix AX.
15.04.30 Amendments to the 2022 California Residential Code.
Section R105.5 Expiration is amended to read as follows:
R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 12 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
Section R105.10 Reconstruction is added to read as follows:
R105.10 Reconstruction. If the value of the reconstruction (or renovation) of a building is equal to or exceeds 75 percent of the habitable square footage of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or renovation) for a property shall include the value of all construction stemming from construction-related permits issued within the last two years.
Table R301.2 Climatic and Geographic Design Criteria is amended to read as follows:
MANUAL J DESIGN CRITERIA n
ELEVATION LATITUDE WINTER
HEATING
SUMMER
COOLING
ALTITUDE
CORRECTION
FACTOR
INDOOR DESIGN
TEMPERATURE
DESIGN TEMPURATURE
COOLING
HEAT TEMPERATURE
DIFFERENCE
30 34 37 91 70 75
COOLING
TEMURATURE
DIFFERENCE
WIND VELOCITY
HEATING
WIND VELOCITY
COOLING
COINCIDENT WET
BULB DAILY RANGE WINTER HUMIDITY SUMMER HUMIDITY
7 69 27 7 (50% RH)
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as
CC ORD 2022-05
1726628.1
determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2(4)].Wind exposure category shall be determined on a sitespecific basis in accordance with Section R301.2.1.4. e. The outdoor design dry-bulb temperature shall be selected from the columns of 971/2- percent values for winter from Appendix D of the California Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the Building Official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The City of Los Alamitos does have a Flood Hazards Zone. h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the l00-year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.htrnl.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
l. In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
m. In accordance with Section R301.2.1.2.1, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2 (6).
Section R309.6 Fire sprinkler attached garages, and carports with habitable space above is amended by modifying the exception to read as follows:
Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing carports and/or garages that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code, OCFA Local Amendments Section 903.2.8.
Section R313.1 Townhouse automatic fire sprinkler systems is amended by
CC ORD 2022-05
1726628.1
modifying the exception to read as follows:
Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code, OCFA Local Amendments Section 903.2.8.
Section R313.2 One- and two-family dwellings automatic fire sprinkler systems is amended by modifying the exception to read as follows:
Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic sprinkler system unless a sprinkler system is required in accordance with California Fire Code, OCFA Local Amendments Section 903.2.8.
Section R313.3.6.2.2 Calculation procedure is amended to read as follows:
Section R313.3.6.2.2 Calculation procedure. Determination of the required size for water distribution piping shall be in accordance with the following procedure and California Fire Code Section 903.3.5.
(The remainder of the section is unchanged)
Section R319.1 Address identification is amended to read as follows:
R319.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property.
Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 6 inches in height with a stroke width of not less than 0.5 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.
Section R902.1 Roofing covering materials is amended by revising it to allow only class A or B roofs as follows:
R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.
CC ORD 2022-05
1726628.1
Exceptions:
1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.
2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.
Section R902.1.3 Roof coverings in all other areas is amended by revising it to require a minimum Class B roof as follows:
R902.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.
Section R902.2 Fire-retardant-treated shingles and shakes, first paragraph, is amended by revising it to allow only Class A or B treated wood roofs as follows:
R902.2 Fire-retardant-treated shingles and shakes. Fire-retardant-treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fire-retardant chemicals, and which have been qualified by UBC Standard 15-2 for use on Class A or B roofs.
Section R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices is added to read as follows:
R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices.
Outdoor fireplaces, fire pits, fire rings, or similar exterior devices shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended solely for cooking
Section R1001.13.1 Gas-fueled devices is added to read as follows:
R1001.13.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where
CC ORD 2022-05
1726628.1
chimneys or vents are installed, they shall have a spark arrester in accordance with Section R1003.9.2.
Section R1001.13.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas is added to read as follows:
R1001.13.2 Devices using wood or fuels other than natural gas or liquefiedpetroleum gas. Fireplaces burning wood or other solid fuel shall be constructed in accordance with Section R1001. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace.
15.04.040 Amendments to the 2022 California Electrical Code.
Article 310.22 Continuous Inspection of Aluminum Wiring is added to read as follows:
310.22 Continuous Inspection of Aluminum Wiring. Aluminum conductors of No. six (6) or smaller used for branch circuits shall require continuous inspection by an independent testing agency approved by the Building Official for proper torquing of connections at their termination point.
Article 690.13 Photovoltaic System Disconnect Means is amended to read as follows:
690.13 Photovoltaic System Disconnecting Means. Means shall be provided to disconnect the PV system from all wiring systems including power systems, energy storage systems, and utilization equipment and its associated premises wiring.
(A)Location. The PV disconnecting means shall be installed at a readily accessible location either on the outside of a building or structure or inside nearest the point of entrance of the system conductors. A single, visible-open, lockable AC disconnect shall be within 3 feet of the meter on the exterior of the building.
15.04.050 Amendments to the 2021 International Property Maintenance Code.
Section [A] 102.3 Application of other codes is amended to read as follows:
[A] 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, must be done in accordance with the provisions of the California Building Code, California Existing Building Code, California Energy Code, California Electrical Code, California Mechanical Code,
CC ORD 2022-05
1726628.1
California Plumbing Code, California Residential Code, and the California Green Building Standards. Nothing in this code will be construed to cancel, modify, or set aside any provision of the Los Alamitos Municipal Code.
Section 104.1 Fees is amended to read as follows:
104.1 Fees. The fees for activities and services performed by the department in carrying out the department’s responsibilities under this code are set by City Council resolution.
Section 108.1 General is amended to read as follows:
108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure may be condemned pursuant to the provisions of Section § 17920.3 of the California Health and Safety Code and this code.
Section 113.3 Failure to comply is amended to read as follows:
113.3 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine(s) or fines in an amount(s) as may be established by the City Council.
Section 303.2 Enclosures is amended to read as follows:
303.2 Enclosures. Private swimming pools, hot tubs and spas containing water more than 18 inches in depth must be completely surrounded by a fence or barrier at least 60 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers must be selfclosing and self-latching. Where release mechanisms of the self-latching device are located less than 60 inches above grade measured on the side of the barrier that faces away from the pool, the release mechanism must be located on the pool side of the gate at least three inches below the top of the gate and the barrier must have no opening greater than one-half inch within 18 inches of the release mechanism. Self-closing, self- latching gates must be maintained such that the gate will positively close and latch when released from an open position of six inches from the gate post. No existing pool enclosure may be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.
The exception to section 303.2 is deleted in its entirety.
Section 304.1.1 Unsafe conditions is amended in part to read as follows:
304.1.1 Unsafe conditions. The following conditions are determined to be unsafe and must be repaired or replaced to comply with the California Building Codes or
CC ORD 2022-05
1726628.1
California Existing Building Code as required for existing buildings:
(No further changes to remainder of section 304.1.1)
Section 305.1.1 Unsafe conditions is amended in part to read as follows:
305.1.1 Unsafe conditions. The following conditions are determined to be unsafe and must be repaired, or replaced, to comply with the California Building Codes or California Existing Building Code as required for existing buildings:
(No further changes to remainder of section 305.1.1)
Section 306.1.1 Unsafe conditions is amended in part to read as follows:
306.1.1 Unsafe conditions. The following conditions are determined to be unsafe and must be repaired, or replaced, to comply with the California Building Codes or the California Existing Building Code as required for existing buildings:
(No further changes to remainder of section 306.1.1)
Section 401.3 Alternative devices is amended to read as follows:
401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code shall be permitted.
Section [P] 502.5 Public toilet facilities is amended to read as follows:
[P] 502.5 Public toilet facilities. Public toilet facilities must be maintained in a safe sanitary working condition in accordance with the California Plumbing Code.
Except for periodic maintenance or cleaning, public access and use must be provided to the toilet facilities at all times during occupancy of the premises.
Section [P] 505.1 General is amended to read as follows:
[P] 505.1 General. Every sink, lavatory, bathtub, shower, drinking fountain, water closet, or other plumbing fixture must be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, and bathtubs and showers must be supplied with hot or tempered, and cold running water in accordance with the California Plumbing Code.
Section 602.2 Residential occupancies is amended to read as follows:
602.2 Residential occupancies. Dwellings must be provided with heating facilities capable of maintaining a room temperature of 68°F in all habitable rooms,
CC ORD 2022-05
1726628.1
bathrooms, and toilet rooms. Cooking appliances may not be used, nor may portable unvented fuel-burning space heaters be used, as a means to provide required heating.
The exception to section 602.2 is deleted in its entirety.
Section 602.4 Occupiable work spaces is amended in part to read as follows:
602.4 Occupiable work spaces. Indoor occupiable work spaces must be supplied with heat to maintain a temperature of not less than 65°F during the time the spaces are occupied.
(No further changes to remainder of section 602.4)
Section 604.2 Service is amended to read as follows:
604.2 Service. The size and usage of appliances and equipment serves as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units must be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.
Section 604.3.1.1 Electrical equipment is amended to read as follows:
604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, groundfault circuit interrupters, surge protectors, molded case circuit breakers, lowvoltage fuses, luminaries, ballasts, motors and electronic control, signaling, and communication equipment and that have been exposed to water must be replaced in accordance with the provisions of the California Building Code and California Electrical Code.
Section 604.3.2.1 Electrical equipment is amended to read as follows:
604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water-heater, security system, and power-distribution circuits that have been exposed to fire, must be replaced in accordance with the California Building Code and the California Electrical Code.
Section [F] 702.1 General is amended to read as follows:
[F] 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Building Code.
Section [F] 702.2 Aisles is amended to read as follows:
[F] 702.2 Aisles. The required width of aisles in accordance with the California
CC ORD 2022-05
1726628.1
Building Code shall be unobstructed.
Section [F] 702.3 Locked doors is amended to read as follows:
[F] 702.3 Locked doors. All means of egress doors must be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where door hardware conforms to that permitted by the California Building Code.
CHAPTER 9 POST-DISASTER RECOVERY AND RECONSTRUCTION is added to the 2021 International Property Maintenance Code to read as follows:
SECTION 901
POST-DISASTER SAFETY ASSESSMENT PLACARDS AND SECURITY
901.1 SCOPE. This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or man-made disaster. It further authorizes the Building and Safety Department, as well as authorized representatives, to post appropriate placards at each entry point to a building or structure upon completion of a safety assessment. 901.2 APPLICATION OF PROVISIONS. The provisions of this chapter are applicable to all buildings and structures, of all occupancies, regulated by the City following each natural or man-made disaster.
901.3 DEFINITIONS. For the purposes of this section, the following definitions shall apply:
901.3.1 BUILDING OFFICIAL is person or entity designated as such by the city council or that person or entity’s designee
901.3.2 SAFETY ASSESSMENT is a visual examination of a building or structure for the purpose of determining whether continued use or occupancy is appropriate following a natural or man-made disaster. 901.4 PLACARDS. The following official placards must be used to designate the condition of buildings or structures following a disaster. 901.4.1 (GREEN) INSPECTED - LAWFUL OCCUPANCY PERMITTED.
Posted on any building or structure where no apparent hazard has been found.
Placement of this placard does not mean that there is no damage to the building or structure.
901.4.2 (YELLOW) RESTRICTED OR LIMITED ENTRY. Posted on each damaged building or structure where damage has created a hazardous condition which justifies restricted occupancy. The Building Official who posts this placard will note in general terms the hazard created and will clearly and
CC ORD 2022-05
1726628.1
concisely note the restrictions on occupancy.
901.4.3 (RED) UNSAFE – DO NOT ENTER OR OCCUPY. Posted on each damaged building or structure such that continued occupancy poses a threat to life or health. Buildings or structures posted with this placard may be entered only after authorization in writing by the building official. Safety assessment teams are authorized to enter these buildings at any time. This placard may not be used or considered as a demolition order. The official who posts this placard must make a note in general terms of the damage encountered. 901.4.4 SECURING OF UNSAFE BUILDINGS OR STRUCTURES. Buildings or structures that have been determined by the Building Official to pose a threat to life safety or to be unsafe due to damage may be required by the Building Official to be secured from entry by fencing or other approved means until such time that the damage or threat to life is removed by repair, reconstruction or demolition. The fencing or security measures may not be removed without authorization from the building official.
901.4.5 REMOVAL OF PLACARDS. Once the placard has been attached to a building or structure, it may not be removed, altered, or covered until authorized by the Building Official.
901.5 VIOLATION. Any violation of Chapter 9 of this code is a misdemeanor and will be subject to punishment in accordance with the Los Alamitos Municipal Code and the City of Los Alamitos Building Code.
SECTION 902
POST DISASTER ABATEMENT
902.1 INTENT. This chapter establishes abatement criteria for all buildings and structures damaged as a result of a disaster for which a local emergency has been declared.
902.2 APPLICATION OF PROVISIONS. The provisions of this chapter are applicable to all buildings and structures regulated by the city. 902.3 DEFINITIONS. For the purposes of this section, the following definitions shall apply:
902.3.1 EVENT means any occurrence which results in the declaration of a disaster, including but not limited to, fires, landslides, wind storms, earthquakes, and floods.
902.3.2 HISTORIC BUILDING OR STRUCTURE means any building or structure registered with a federal, state, county, or city government, or the register of points of interest. Historic buildings and structures also include those buildings and structures within a recognized historic district.
CC ORD 2022-05
1726628.1
902.3.3 STATE HISTORIC PRESERVATION OFFICER (SHPO) is the person appointed by the Governor, pursuant to Section 101(b)(1) of the National Historic Preservation Act of 1966, as amended, to administer the State Historic Preservation Program.
Office of Historic Preservation
Department of Parks and Recreation
P.O. BOX 942896
Sacramento, CA 94296-0001
Phone: (916) 653-6624
FAX: (916) 653-9824
902.4 ABATEMENT CRITERIA
902.4.1 NOTICE OF DETERMINATION. Except as provided in Section 902.4.2 below, the Building Official must serve a written Notice of Determination to each property owner as found on the latest available copy of the last equalized assessment roll. Such Notice of Determination must be delivered by hand-delivery, telephone, telegram, facsimile or other reasonable means, and must clearly indicate that the structure is an imminent hazard and dangerous and that, as such, it constitutes a public nuisance. The notice must set forth those factors which, in the opinion of the Building Official, make the structure an imminent hazard and dangerous, and must also include a directive from the Building Official of the specific action or actions to be taken by the property owner. The Notice must specify that within 48 hours from the time of issuance of the Notice of Determination, the owner or other party of record with an equitable or legal interest in the property must abate the nuisance in accordance with the directives written in the Notice of Determination by the Building Official.
902.4.2 NOTICE OF DETERMINATION EXCEPTION. No prior notice is required, when the Building Official, after considering all the facts, determines, in writing, that the structure is an imminent hazard and dangerous, and that it must be abated immediately and that time and circumstances do not permit the giving of prior notice to the owner. In those cases where time and circumstances do not permit the city to give the owner notice prior to abatement, the Building Official may cause the nuisance to be summarily abated.
902.4.3 APPEAL OF NOTICE OF DETERMINATION. A Notice of
Determination delivered by the Building Official, that a building or structure is an imminent hazard and dangerous and therefore must be abated, may be appealed by the property owner or any other party of record with an equitable or legal interest in the property. Such appeal must be made to the Building Official within 48 hours of delivery of such Notice of Determination by the Building Official. Such appeal must be accompanied by a written Hazard
CC ORD 2022-05
1726628.1
Abatement Plan signed by a State of California licensed engineer or architect or by a written report by a State of California licensed engineer or architect stating why the engineer or architect feels the building or structure is not an imminent hazard or dangerous at this time. Such report must include a recommendation by the engineer or architect as to what should or should not be done at this time. If the Building Official accepts the proposed Hazard Abatement Plan in lieu of the Notice of Determination, the Hazard Abatement Plan must be implemented within 24 hours of acceptance by the Building Official. If the Building Official accepts an engineer's report and agrees there is no imminent hazard, the Building Official must rescind, in writing, the Notice of Determination.
Should the Building Official disagree with the Hazard Abatement Plan or should the Building Official disagree with the engineer's or architect's report, a hearing must be conducted by the Board of Appeals, as soon as a quorum can be assembled.
902.4.4 BOARD OF APPEALS HEARING. At the hearing, the appellant has the right to call witnesses, to submit evidence, and to cross-examine the witnesses of the city. All witnesses must be sworn.
A record of the proceedings must be made by tape recording. Any relevant evidence may be submitted, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in the courts of this State.
At the close of the hearing, the Board of Appeals must act to uphold, overrule, or modify the determination and order of the Building Official. The determination and order of the Building Official will be upheld, unless the Board of Appeals finds, based upon the evidence in the record, that the Building Official erred in determining that the structure is an imminent hazard and dangerous. The decision of the Board of Appeals, with the reasons therefore, may be given orally on the record. If given orally, the decision must be memorialized in writing and served upon the applicant within 24 hours of the time the oral decision is rendered.
If the Board of Appeals upholds the decision of the Building Official, the property owners of record will be ordered to abate the public nuisance within the time set forth in the order. If the structure is determined not to be an imminent hazard and dangerous, the Building Official's determination and order will be vacated. The decision of the Board of Appeals will be final on the date it is rendered.
902.4.5 HAZARD ABATEMENT PLAN. If a Hazard Abatement Plan is approved by the Building Official, the owner or other interested party of record must execute such plan within 24 hours of obtaining approval of the plan from the Building Official. Within 24 hours of completion of the abatement work the owner or other
CC ORD 2022-05
1726628.1
interested party of record must provide the Building Official with a written certification that the public nuisance, as described in the Building Official's Notice of Determination, has been abated.
If the work performed pursuant to the Hazard Abatement Plan amounts to temporary abatement, the owner or other party of record, prior to proceeding with permanent repairs, must obtain required permits and file a damage assessment report with the Building Official. The damage assessment report must be reviewed and approved by the Building Official prior to proceeding with permanent repairs. 902.4.6 FAILURE TO PERFORM. In those instances where the property owner or other interested party of record either does not respond to the Building Official's Notice of Determination or approved Hazard Abatement Plan, responds untimely, or responds timely but fails to abate the public nuisance within the required time period, the imminent hazard and dangerous structure will be subject to immediate abatement by the Building Official.
902.4.7 PUBLIC NUISANCE. All structures or portions of such structures which, after inspection by the Building Official, are determined to be an imminent hazard and dangerous, either to the public, occupants of the subject structure, or to any adjacent structures, are hereby declared to be public nuisances and must be abated by the owner in accordance with the procedures specified in Sections
43.2.4.4 and 43.2.4.5.
902.4.8 SUSPENSION OF ABATEMENT OF WORK. Notwithstanding any code provisions to the contrary, the Building Official is authorized to suspend abatement work, and to allow the property owner or other party of legal interest to complete the abatement work.
902.4.9 CHANGE OF STATUS. When the conditions making a structure an imminent hazard and dangerous have been abated, the structure will no longer be considered an imminent hazard and dangerous. However, if the abatement work is temporary in nature, as determined by the Building Official, the structure will remain subject to the provisions of this section.
902.4.10 DEMOLITION PERMIT. If the owner of any building or structure has decided to demolish rather than repair, the owner, or the owner's representative, must obtain a demolition permit.
902.5 HAZARD ABATEMENT OF HISTORIC BUILDINGS OR STRUCTURES. 902.5.1 NOTIFICATION OF IMMINENT HAZARD. Within ten days after the event, the Building Official must notify the State Historic Preservation Officer that one of the following actions will be taken regarding any historic building or structure determined by the Building Official to represent an imminent hazard to the health or safety of the public, or to pose an imminent threat to the public right of way:
902.5.1.1 BRACING OR SHORING. Whenever possible, as determined by the
CC ORD 2022-05
1726628.1
Building Official, the building or structure may be braced or shored in such a manner as to mitigate the hazard to public health or safety or the hazard to the public right-of-way.
902.5.1.2 CONDEMNATION. Whenever bracing or shoring is determined to be an unreasonable alternative, the Building Official may cause the building or structure to be condemned and immediately demolished. Such condemnation and demolition may be performed in the interest of public health or safety without a condemnation hearing as required by the 1997 Uniform Code for the Abatement of Dangerous Buildings.
902.5.2 CONDEMNATION PROCEEDINGS. If, ten days after the event and less than 30 days after the event, an historic building or structure is determined by the Building Official to represent a hazard to the health or safety of the public or to pose a threat to the public right of way, the Building Official may initiate condemnation proceedings in accordance with the Uniform Code for the Abatement of Dangerous Buildings. The Building Official may also notify the Federal Emergency Management Agency (FEMA), in accordance with the National Historic Preservation Act of 1966, as amended, of its intent to hold a condemnation hearing.
902.5.3 REQUEST TO DEMOLISH. If the Building Official and the owner of any historic building or structure agree that such a building or structure should be demolished, the Building Official must submit a request to demolish to the Federal Emergency Management Agency, in accordance with the National Historic Preservation Act of 1986, as amended. Such request must include all substantiating data.
SECTION 903
DISASTER REPAIR AND RECONSTRUCTION
903.1 INTENT. This section establishes standards and regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared.
903.2 APPLICATION OF PROVISIONS.
903.2.1 DECLARATION OF EMERGENCY. The provisions of this chapter are applicable to all buildings and structures regulated by the city following each disaster after a local emergency has been declared.
903.2.2 WAIVER FOR ENGINEERING EVALUATION. The requirements of this chapter may be waived by the Building Official subject to an Engineering Evaluation as defined in Section 903.3.3.4.
903.3 DEFINITIONS. For the purpose of this section, the following definitions apply:
CC ORD 2022-05
1726628.1
903.3.1 ARCHITECT is a person licensed by the State of California to practice architecture, as prescribed by the State of California Business and Professions Code.
903.3.2 CIVIL ENGINEER is a person registered by the State of California to practice Civil Engineering, as prescribed by the State of California Business and Professions Code.
903.3.3 CURRENT CODE means those codes adopted by the city pursuant to California Health and Safety Code § 18941.5.
903.3.4 ENGINEERING EVALUATION is an evaluation of a damaged building or structure, or suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer, or architect retained by the owner of the building or structure. Engineering evaluations must, at a minimum, contain recommendations for repair and an appropriate opinion of the construction cost for those repairs. All engineering evaluations must include the engineer's or architect’s stamp, wet-signature, and license expiration date. 903.3.5 ESSENTIAL SERVICE FACILITY means those buildings or structures designated by the city to house facilities necessary for emergency operations subsequent to a disaster.
903.3.6 REPLACEMENT VALUE is the dollar value, as determined by the building official, for replacing a damaged structure with a new structure of the same size, same type of construction, and same occupancy, and located on the same site. 903.3.7 STRUCTURAL ENGINEER is a person registered by the State of California to practice civil engineering and to use the title, Structural Engineer, as defined in Section 5537.1 of the State of California Business and Professions Code.
903.3.8 VALUE OF REPAIR is the dollar value, as determined by the Building Official, for making necessary repairs to the damaged structure. 903.4 REPAIR CRITERIA
903.4.1 GENERAL. Buildings and structures of all occupancies which have been damaged as the result of a disaster, except as otherwise noted, must be repaired in accordance with the following criteria:
903.4.2 UP TO TEN PERCENT REPAIR VALUE. When the estimated value of repair does not exceed ten percent of the replacement value of the structure, the damaged portion may be restored to the pre-disaster condition; except that when the damaged elements include suspended ceiling systems, the ceiling system must be repaired with all bracing required by current code. 903.4.3 UP TO FIFTY PERCENT REPAIR VALUE. When the estimated value of
CC ORD 2022-05
1726628.1
repair is greater than ten percent but less than fifty percent of the replacement value of the structure, the damaged elements must be repaired and brought into conformance with the structural requirements of the current code. 903.4.4 MORE THAN FIFTY PERCENT REPAIR VALUE. When the estimated value of repair is fifty percent or more of the replacement value of the structure, the entire structure must be brought into conformance with the fire and life safety and structural requirements of the current code.
903.4.5 CHIMNEY VALUE EXCLUSION. In Group R, Division 3, occupancies, the repair value of damaged chimneys may be excluded from the computation of percentage of replacement value. Damaged chimneys must be repaired in accordance with Section 903.5.
903.5 REPAIR CRITERIA FOR FIREPLACES AND CHIMNEYS.
903.5.1 GENERAL. All damaged chimneys must be repaired or reconstructed to comply with the requirements of Chapter 21 of the CBC. Damaged portions of chimneys must be removed in accordance with the following criteria. 903.5.2 DAMAGE ABOVE THE ROOF LINE. When the damaged portion of the chimney is located between the roof line and the top of the chimney, the damaged portion may be removed to the roof line provided the roof and ceiling anchorage are in sound condition. The reconstruction portion of the chimney must be braced to the roof structure using an approved method. 903.5.3 SINGLE-STORY STRUCTURE DAMAGE BELOW THE ROOF LINE.
For a single-story structure in which the damaged portion of the chimney is below the roof line, or the damaged portion extends from above the roof line to below the roof line, the chimney must be removed to the top of the firebox. 903.5.4 MULTI-STORY STRUCTURE DAMAGE BELOW THE ROOF LINE.
For a multi-story structure, the damaged portion of the chimney must be removed from the top to a floor line where anchorage is found. 903.5.5 FIREBOX DAMAGE. In any structure where the firebox has been damaged, the entire chimney and firebox must be removed to the foundation.
If the foundation is in sound condition, the firebox and chimney may be reconstructed using the existing foundation. If the foundation has been damaged, the foundation must be removed and replaced. Such reconstruction and replacement must be in accordance with Chapter 21 of the CBC Code. 903.5.6 ENGINEERED ALTERNATE SOLUTIONS. Where existing conditions preclude the installation of all anchorage required by Chapter 21 of the CBC, alternate systems may be used in accordance with the alternate methods and materials provisions of the CBC when approved by the Building Official. 903.5.7 BRACING. Where the portion of the chimney extending above the roof
CC ORD 2022-05
1726628.1
line exceeds two times the least dimension of the chimney, that portion above the roof line must be braced to the roof structure using an approved method. 903.6 REPAIR CRITERIA FOR HISTORIC BUILDINGS OR STRUCTURES. 903.6.1 ENGINEERING EVALUATION REQUIRED. Buildings or structures which are included on a national, state, or local register for historic places or which are qualifying structures within a recognized historic district, which have been damaged as a result of a disaster, must have an engineering evaluation performed.
903.6.2 MINIMUM REPAIR CRITERIA. The minimum criteria for repair are included in Section 903.4, Repair Criteria, with due consideration given to the historical rating and nature of the structures. Additional standards and criteria, as noted in Part 8, Title 24, California Code of Regulations, also apply. 903.7 REPAIR CRITERIA FOR UNREINFORCED MASONRY BUILDINGS AND STRUCTURES.
903.7.1 GENERAL. All damaged buildings determined to be bearing wall buildings constructed of unreinforced masonry must be repaired and strengthened to fully comply with the requirements of § 15.04.”
15.01.060 Amendments to the 2021 International Swimming Pool and Spa Code.
Section [A] 101.1 Title is amended to read as follows:
[A] 101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of Los Alamitos hereinafter to as “this code.” Section [A] 102.7.1 Application of the International Codes is amended to read as follows:
[A] 102.7.1 Application of the International Codes. Where the International Residential Code is referenced in this code, the provisions of the California Residential Code shall apply to related systems in detached one- and two-family dwellings and townhouses not more than three stories in height. Other related systems shall comply with the applicable California Codes or referenced standard.
Section [A] 105.6 Fees is amended to read as follows:
[A] 105.6 Fees. A permit shall not be valid until the fees prescribed by law have been paid. All fees related to and any permit, work, inspection, violation, plan review or refunds shall be in accordance with Section 109 of the California Building Code.
Section [A] 105.6.2 Fee schedule and [A] 105.6.3 Fee refunds are deleted in their
CC ORD 2022-05
1726628.1
entirety without replacement.
Section [A] 108.2 Membership of board is amended to read as follows:
[A] 108.2 Board of appeals. The Board of Appeals shall consist of members as set forth in Chapter 113.1 of the California Building Code and any amendments of the Los Alamitos Municipal Code.
Section [A] 108.2.1 Qualifications is deleted in its entirety without replacement.
Section 305.2.1 Barrier height and clearances is amended to read as follows:
305.2.1 Barrier height and clearances Barrier heights and clearances shall be in accordance with all of the following:
1. The top of the barrier shall be not less than 60 inches (1524 mm) above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of 3 feet (914 mm) measured horizontally from the outside of the required barrier.
(The remaining language in 305.2.1 is to remain and unchanged.) SECTION 3. Filing with Building Standards Commission. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission.
SECTION 4. CEQA. In accordance with CEQA Guidelines section 15060(c)(2) – the adoption of this Ordinance will not foreseeably result in direct or reasonably foreseeable indirect impacts and is exempt from the provisions of the California Environmental Quality Act and City Clerk shall file such Notice of Exemption with the County Clerk.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall not take effect until thirty (30) days after its final passage, or January 1, 2023 whichever occurs later.
SECTION 7. Publication by Clerk. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of adoption and shall post a certified copy of this Ordinance, including the vote for an against same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
CC ORD 2022-05
1726628.1
PASSED, APPROVED AND ADOPTED this 14th day of November, 2022. _______________________________
Shelley Hasselbrink, Mayor
ATTEST:
___________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
________________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance No. 2022-05 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 17th day of October, 2022, and that thereafter, said Ordinance was duly adopted and passed at an adjourned regular meeting of the City Council on the 14th day of November, 2022, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________
Windmera Quintanar, MMC, City Clerk
CC ORD 2022-05
1726628.1
EXHIBIT A
LOCAL CONDITIONS FINDINGS
FACTUAL FINDINGS ESTABLISHING THE REASONABLE NEED FOR LOCAL
AMENDMENTS TO PORTIONS OF THE CALIFORNIA BUILDING STANDARDS CODE
BASED UPON LOCAL CLIMATIC, GEOLOGICAL AND/OR TOPOGRAPHICAL
CONDITIONS
The Fire Official and City Building Official recommend that certain changes and modifications to the 2022 California Building Standards are reasonably necessary due to local climatic, geological and/or topographical conditions within the City, certain changes and modifications are of an administrative or procedural nature or concern themselves with subjects not covered by the California Building Standards Code, and certain changes and modifications are reasonably necessary to safeguard life and property within the City of Los Alamitos.
Section 1. General Findings
The following findings apply in the City of Los Alamitos and explain why the changes to the Building Standards Code are necessary because of climatic, geological and/or topographical conditions in the city.
I. Climatic Conditions
A. Los Alamitos is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation.
Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene. Lastly, the warm climate encourages the proliferation of swimming pool construction which makes modifications to the California Building Code related to swimming pools desirable to adequately protect small children from drowning hazards.
B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County Fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County.
C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the alreadytaxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and
CC ORD 2022-05
1726628.1
a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.
D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.
II. Topographical conditions
A. The topography of Los Alamitos is generally considered a flatlands area with little to no topographical slopes. The flat land developments however does require special drainage precautions in order to address site drainage to prevent water ponding and flooding, as well as preserve historical water ways.
B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County.
C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.
III. Geological Conditions
The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation.
A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When
CC ORD 2022-05
1726628.1
combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal.
C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes are in contact with soils.
D. Los Alamitos is generally known as swamp land that was once mostly covered in beet farms. The areas historically high water table is the reason the city is classified as being located in a liquefaction zone. In addition, portions of the County contain active or former oil production fields. These areas contain a variety of naturally occurring gasses, liquids and vapors. These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary for implementation of appropriate mitigation.
These local climatic, geologic, and topographic conditions make modifications and changes to the 2022 Edition of the California Codes reasonably necessary to provide sufficient and effective protection of life, health and property.
Section 2 – Application of Findings to Amendments in Ordinance No. 2022-05 Amendments to the 2022 Edition of the California Building Standards Code set forth in Ordinance No. 2022-05 and identified below are reasonably necessary as administrative or procedural in nature, or to ensure consistency with previously adopted ordinances, or are intended to enhance life and fire safety due to the climatic, topographical, and/or geologic conditions cited below:
CC ORD 2022-05
1726628.1
Amendment Findings Legend
2022 California Building Code (CBC), 2022 California Residential Code (CRC), and 2022 California Electrical Code (CEC)
CODE SECTION TITLE (Clarification) FINDINGS
CBC 101.1 Title Administrative
CBC 104.4 Referenced Codes Administrative
CBC 104.8 Liability Administrative
CBC 105.2 Work exempt from a permit Administrative
CBC 105.5 Expiration Administrative
CBC 105.8 Reconstruction Administrative
CBC 107.3 Examination of Records Administrative
CBC 113.1 General Administrative
CBC 113.3 Qualifications Administrative
CBC 202 Definitions Administrative
CBC 502.1 Address Identification II – A, B, C
CBC 903.2 Where required II – A, B, C
CBC 903.3.5.3 Hydraulically calculated systems II – A, B, C CBC 1505.1 General I – A, B II – A, B, C
CBC 1505.1.2 Roof coverings within all other areas I – A, B II – A, B, C CBC 1803.1.1.1 Geologic or geotechnical reports III – A, B, C, D CBC 1807.1.6 Prescriptive design of concrete and masonry foundation walls
III – A, B, C, D
CBC 3109.1.1 Construction permit; safety features required I – C, II - B CRC R105.5 Expiration Administrative
CRC R105.10 Reconstruction Administrative
CRC Table
R301.2(1)
Climactic and Geographic Design Criteria Administrative CRC R309.6 Fire sprinkler attached garages, and carports with habitable space above
I – A, B, C, D II – A, B, C
CRC R313.1 Townhouse automatic fire sprinkler systems I – A, B, C, D II – A, B, C CRC R313.2 One- and two-family dwellings automatic fire sprinkler systems
I – A, B, C, D II – A, B, C
CRC R313.3.6.2.2 Calculation procedure I – A, B II – A, B, C CRC 319.1 Address Identification II – A, B, C
CRC R902.1 Roof covering materials I – A, B II – A, B, C CRC R902.1.3 Roof coverings in all other areas I – A, B II – A, B, C CRC R902.2 Fire-retardant-treated shingles and shakes I – A, B II – A, B, C CRC R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices
II – A, B, C, D
CRC R101.13.1 Gas-fueled devices II – A, B, C, D
CRC R1001.13.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas
II – A, B, C, D
CEC 310.22 Continuous Inspection of Aluminum Wiring I – A, II – A, B CEC 690.13 Building or Other Structures Supplied by Photovoltaic System
Administrative
1726692.1
ORDINANCE NO. 2022-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOS ALAMITOS, CALIFORNIA, AMENDING CHAPTER
15.08 OF TITLE 15 OF THE LOS ALAMITOS MUNICIPAL
CODE AND ADOPTING THE 2022 EDITION OF THE
CALIFORNIA FIRE CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PART 9), INCLDUING
APPENDICES B, BB, C, AND CC, TOGETHER WITH
CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS
WHEREAS, pursuant to California Government Code Section 50022.1 et seq., the City of Los Alamitos ("City") may adopt by reference the California Fire Code, 2022 Edition, as provided in Title 24 of the California Code of Regulations; and WHEREAS, the California Building Standards Commission recently adopted new amendments to the California Fire Code, which will become effective statewide on January 1, 2023; and
WHEREAS, California Health & Safety Code Sections 17958 et seq., and 18941.5 authorize cities to modify the California Fire Code by adopting more restrictive standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, based upon the recommendations of the Fire Official and the Building Official, the City Council finds that the proposed amendments to the 2022 California Fire Code set forth in this Ordinance, which are more restrictive than the standards adopted by the California Building Standards Commission, would decrease the potential incidence of property damage, injury and death due to fires, and are reasonable and necessary to mitigate local climatic, geological or topographical conditions; and WHEREAS, on October 17, 2022, the City Council introduced this Ordinance for first reading at a regular meeting of the City Council, and set a public hearing and second reading of the Ordinance for November 14, 2022; and
WHEREAS, the City Council held a public hearing on November 14, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the 2022 California Fire Code as amended herein; and WHEREAS, pursuant to Government Code Section 6066, the City published notice of the aforementioned public hearing; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
CC ORD 2022-06
1726692.1
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. Health and Safety Code Section 17958 et seq., authorizes the City to adopt ordinances and regulations imposing the same requirements as are contained in the California Building Standards Code (California Code of Regulations, Title 24), inclusive of the California Fire Code (Part 9), adopted by the State pursuant to Health and Safety Code Section 17922. Health and Safety Code Sections 17958.5 and 18941.5 permit the City to make changes or modifications to the California Building Standards as are reasonably necessary because such changes or modifications are needed due to climatic, geographic, or topographic conditions.
B. The Fire Official and City Building Official recommend that certain changes and modifications to the 2022 California Fire Code are reasonably necessary due to local conditions within the City, certain changes and modifications are of an administrative or procedural nature or concern themselves with subjects not covered by the California Building Standards Code, and certain changes and modifications are reasonably necessary to safeguard life and property within the City of Los Alamitos.
C. Findings of local conditions are set forth in Exhibit “A” of this Ordinance and incorporated herein by reference. Such findings demonstrate the need for amendments to the 2022 California Building Standards are reasonably necessary because of local climatic, geological, or topographical conditions.
SECTION 2. Chapter 15.08 of the Los Alamitos Municipal Code is hereby amended and restated in its entirety to read as follows:
Chapter 15.08 FIRE CODE
15.08.010 Fire Code adopted.
15.08.020 Enforcement and inspections.
15.08.030 Amendments to the 2022 California Fire Code.
15.08.010 Fire Code Adopted.
A. The City hereby adopts the California Fire Code, 2022 Edition, including Appendices B, BB, C, and CC based on the 2021 International Fire Code as published by the International Code Council
B. The provisions of the California Fire Code, as amended by this chapter shall constitute the Fire Code of the City of Los Alamitos.
CC ORD 2022-06
1726692.1
C. One (1) copy of all the California Fire Code and the City’s amendments thereto shall be kept on file in the office of the Fire Code Official pursuant to Health and Safety Code Section 18942 (d) (1) and made available for public inspection.
D. References in Documents and Continuing Legal Effect. References to prior editions of the Fire Code or the Municipal Code sections amended herein that are cited on notices issued by the City or the agency enforcing the City's fire regulations or other documents of ongoing or continuing legal effect, including specifically resolutions adopting or imposing fees or charges, until converted, are deemed to be references to the new counterpart 2022 Fire Code or amended Municipal Code sections for the purposes of notice and enforcement. The provisions adopted hereby shall not in any manner affect deposits, established fees or other matters of record which refer to, or are otherwise connected with, ordinances which are specifically designated by number, code section or otherwise, but such references shall be deemed to apply to the corresponding provisions set forth in the 2022 California Fire Code adopted hereby. Any fee authorized by the above-referenced fire code which was in effect at the time of the adoption of this chapter need not be re-adopted by resolution, and shall continue in effect, and remain unadjusted in amount unless and until a resolution is adopted repealing the fee or establishing a different fee.
15.08.020 Enforcement and Inspections.
The 2022 California Fire Code shall be enforced by the Orange County Fire Authority, which shall be operated under the Director of Fire Services of the Orange County Fire Authority. The Director of Fire Services of the Fire Authority may detail such members of the Fire Authority as inspectors as shall be necessary from time to time.
15.08.030 Amendments to the 2022 California Fire Code.
Chapter 1 Scope and Administration is adopted in its entirety, with the following amendments:
Section 112.4 Violation penalties is amended to read as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Section 112.4.2 Infraction and misdemeanor is hereby added as follows:
CC ORD 2022-06
1726692.1
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.
Chapter 2 Definitions is adopted in its entirety with the following amendments:
Section 202 General Definitions is amended by adding “OCFA,” and “Spark Arrester” as follows:
OCFA: Orange County Fire Authority, fire authority having jurisdiction.
SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.
2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.
Chapter 3 General Requirements is adopted in its entirety, with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments:
Section 304.1.2 Vegetation is amended to read as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urbanwildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.” Section 305.6 Hazardous conditions is added to read as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:
1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared
2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
CC ORD 2022-06
1726692.1
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.
Section 305.7 Disposal of rubbish is added to read as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.
Section 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies is added to read as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended solely for cooking.
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.
307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.
The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in
CC ORD 2022-06
1726692.1
devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.
Exceptions:
1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,
2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.
Exceptions:
1. Permanent fireplaces that are not located in a fuel
modification zone
2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.
Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:
324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” Section 325 Clearance of brush or vegetation growth from roadways is added to read as follows:
325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.
CC ORD 2022-06
1726692.1
Section 326 Unusual Circumstances is added to read as follows:
326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:
1. Difficult terrain.
2. Danger of erosion.
3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.
4. Stands or groves of trees or heritage trees.
5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.
Section 327 Use of Equipment is added to read as follows:
327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.
Exceptions:
1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.
2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition
327.1 Equipment and devices generating heat, sparks or open flames.
During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:
CC ORD 2022-06
1726692.1
1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30 foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.
2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.
3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.
4. Keep a cell phone nearby and call 911 immediate in case of fire. 327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
Chapter 4: Emergency Planning and Preparedness. Only the sections, subsections, and amendment are adopted as listed below:
Section 407.5 is amended to read as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall OCFA’s Chemical Classification Packet in accordance with Section 5001.5.2.
Chapter 5 Fire Service Features is adopted in its entirety with the following amendments:
Section 501.1 Scope is amended to read as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.”
Section 510.1 Emergency responder radio coverage in new buildings is amended to read as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety
CC ORD 2022-06
1726692.1
communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent, this code.
Exceptions:
1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.
Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this chapter shall apply only to the subterranean areas.
2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.
Chapter 6
Building Services and Systems
Chapter 6 Building Services and Systems is adopted in its entirety as amended by SFM.
Chapter 7
Fire and Smoke Protection Features
CC ORD 2022-06
1726692.1
Chapter 7 Fire and Smoke Protection Features is adopted in its entirety as amended by SFM.
Chapter 8
Interior Finish, Decorative Materials and Furnishings
Chapter 8 Interior Finish, Decorative Materials and Furnishings is adopted in its entirety as amended by SFM.
Chapter 9
Fire Protection and Life Safety Systems
Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:
Section 903.2 Where required is amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:
1. New Buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.20 an automatic sprinkler system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet (465 m2) as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.
Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.
2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5,000 square feet; or b. When an addition exceeds 2,000 square feet and the resulting building area exceeds 5,000 square feet.
c. An additional story is added above the second floor regardless of fire areas or allowable area.
CC ORD 2022-06
1726692.1
Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2).
Section 903.2.8 Group R is amended to read as follows:
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings.
2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. When an addition is 33% or more of the existing building area and the resulting building area exceeds 5,000 square feet (465 m2) as defined in Section 202; or,
b. An addition when the existing building is already provided with automatic sprinklers; or,
c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.
Section 903.3.5.3 Hydraulically calculated systems is added to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.
CC ORD 2022-06
1726692.1
Chapter 10
Means of Egress
Chapter 10 Means of Egress is adopted in its entirety as amended by SFM Chapter 11
Construction Requirements for Existing Buildings
Chapter 11 Construction Requirements for Existing Buildings. Adopt only those sections and subsections adopted by the SFM
Chapter 12
Energy Systems
Energy Systems is adopted in its entirety as amended by SFM Chapter 20
Aviation Facilities
Chapter 20 Aviation Facilities is adopted in its entirety.
Chapter 21
Dry Cleaning
Chapter 21 Dry Cleaning is adopted in its entirety as amended by SFM.
Chapter 22
Combustible Dust-Producing Operations
Chapter 22 Combustible Dust-Producing Operations is adopted in its entirety as amended by SFM.
Chapter 23
Motor Fuel-Dispensing Facilities and Repair Garages
Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages is adopted in its entirety as amended by SFM.
90 100 110 120 130 140 150 PSI
85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
CC ORD 2022-06
1726692.1
Chapter 24
Flammable Finishes
Chapter 24 Flammable Finishes is adopted in its entirety as amended by SFM.
Chapter 25
Fruit and Crop Ripening
Chapter 25 Fruit and Crop Ripening is not adopted.
Chapter 26
Fumigation and Insecticidal Fogging
Chapter 26 Fumigation and Insecticidal Fogging is not adopted.
Chapter 27
Semiconductor Fabrication Facilities
Chapter 27 Semiconductor Fabrication Facilities is adopted in its entirety.
Chapter 28
Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendments:
Section 2801.2 Permit is amended to read as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29.
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned, and approval obtained from the fire code official before transferring wood products to the site.
Section 2808.3 Size of piles is amended to read as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.
Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:
1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.
CC ORD 2022-06
1726692.1
2. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.
3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.
4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained.
5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.
Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.
Section 2808.4 Pile separation is amended to read as follows:
2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.
Section 2808.7 Pile fire protection is amended to read as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile.
Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.
Section 2808.9 Material-handling equipment is amended to read as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.
Section 2808.11 Temperature control is added to read as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.
Section 2808.11.1 Pile temperature control is added to read as follows:
CC ORD 2022-06
1726692.1
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.
Section 2808.11.2 New material temperature control is added to read as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery.
Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.
Section 2808.12 Water availability is added to read as follows:
2808.12 Water availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).
Section 2808.13 Tipping area is added to read as follows:
2808.13 Tipping areas shall comply with the following:
1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.
2. Material within a tipping area shall not exceed 5 feet in height at any time.
3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.
4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.
5. All material within a tipping area shall be processed within 5 days of receipt.
Section 2808.14 Emergency Contact is added to read as follows:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.
CC ORD 2022-06
1726692.1
Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows, Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50-foot clear space used for no other purpose.
2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push-out / Clear area Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height.
Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.
Chapter 29
Manufacture of Organic Coatings
Chapter 29 Manufacture of Organic Coatings is adopted in its entirety.
Chapter 30
Industrial Ovens
Chapter 30 Industrial Ovens is adopted in its entirety.
Chapter 31
Tents, Temporary Special Event Structures and Other Membrane Structures Chapter 31 Temporary Special Event Structures and Other Membrane Structures is adopted in its entirety as amended by SFM.
Chapter 32
High-Piled Combustible Storage
Chapter 32 High-Piled Combustible Storage is adopted in its entirety as amended by SFM.
Chapter 33
Fire Safety During Construction and Demolition
Chapter 33 Fire Safety During Construction and Demolition is adopted in its entirety.
Chapter 34
Tire Rebuilding and Tire Storage
Chapter 34 Tire Rebuilding and Tire Storage is adopted in its entirety as amended by SFM.
Chapter 35
Welding and Other Hot Work
CC ORD 2022-06
1726692.1
Chapter 35 Welding and Other Hot Work is adopted in its entirety.
Chapter 36
Marinas
Chapter 36 Marinas is adopted in its entirety.
Chapter 37
Combustible Fibers
Chapter 37 Combustible Fibers is adopted in its entirety.
Chapter 39
Processing and Extraction Facilities
Chapter 39 Processing and Extraction Facilities is adopted in its entirety.
Chapter 40
Storage of Distilled Spirits and Wines
Chapter 40 Storage of Distilled Spirits and Wines is adopted in its entirety.
Chapter 48
Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations
Chapter 48 Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations is adopted in its entirety.
Chapter 49
Requirements for Wildland-Urban Interface Fire Areas
Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendments:
Section 4903.3 Requirements is added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” Chapter 50
Hazardous Materials – General Provisions
Chapter 50 Hazardous Materials – General Provisions is adopted in its entirety with the following amendments.
Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS), is amended to read as follows:
CC ORD 2022-06
1726692.1
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include. Orange County Fire Authority’s Chemical Classification Guideline, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.
Section 5003.1.1.1 Extremely Hazardous Substances is added to read as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.
Chapter 51
Aerosols
Chapter 51 Aerosols is adopted in its entirety.
Chapter 53
Compressed Gases
Chapter 53 Compressed Gases is adopted in its entirety.
Chapter 54
Corrosive Materials
Chapter 54 Corrosive materials is adopted in its entirety as amended by SFM.
Chapter 55
Cryogenic Fluids
Chapter 55 Cryogenic Fluids is adopted in its entirety.
Chapter 56
Explosives and Fireworks
Chapter 56 Explosives and Fireworks is adopted in its entirety with the following amendments:
Section 5608.2 Firing is hereby added to read as follows:
5608.2 Firing. All fireworks displays, regardless of mortar, device, or shell size, shall be electrically fired.
Section 5608.3 Application for Permit is added to read as follows:
Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location
CC ORD 2022-06
1726692.1
of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.
Chapter 57
Flammable and Combustible Liquids
Chapter 57 Flammable and Combustible Liquids is adopted in its entirety as amended by SFM.
Chapter 58
Flammable Gases and Flammable Cryogenic Fluids
Chapter 58 Flammable Gases and Flammable Cryogenic Fluids is adopted in its entirety as amended by SFM.
Chapter 59
Flammable Solids
Chapter 59 Flammable Solids is adopted in its entirety.
Chapter 60
Highly Toxic and Toxic Materials
Chapter 60 Highly Toxic and Toxic Materials is adopted in its entirety.
Chapter 61
Liquefied Petroleum Gases
Chapter 61 Liquefied Petroleum Gases is adopted in its entirety.
Chapter 62
Organic Peroxides
Chapter 62 Organic Peroxides is adopted in its entirety.
Chapter 63
Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids Chapter 63 Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids is adopted in its entirety.
Chapter 64
Pyrophoric Materials
Chapter 64 Pyrophoric Materials is adopted in its entirety.
Chapter 65
Pyroxylin (Cellulose Nitrate) Plastics
Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics is adopted in its entirety.
Chapter 66
Unstable (Reactive) Materials
Chapter 66 Unstable (Reactive) Materials is adopted in its entirety.
CC ORD 2022-06
1726692.1
Chapter 67
Water-Reactive Solids and Liquids
Chapter 67 Water-Reactive Solids and Liquids is adopted in its entirety.
Chapter 80
Referenced Standards
Chapter 80 Referenced Standards is adopted in its entirety with the following amendments:
NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is amended as follows:
Section 16.12.3.3 is amended to read as follows:
16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant.
The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.
Section 9.4.3.1 is amended to read as follows:
9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers (6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems Section 9.2.1.7is amended to read as follows:
9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.
CC ORD 2022-06
1726692.1
NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is amended as follows:
Section 7.1.2 is amended to read as follows:
7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.
NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is amended as follows:
Section 7.3.1.1 is hereby deleted in its entirety.
NFPA 24, 2022 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is amended as follows:
Section 6.2.8.1 is added to read as follows:
6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.
Exceptions:
1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.
2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.
Section 6.2.9 is amended to read as follows:
6.2.9 All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
CC ORD 2022-06
1726692.1
(2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior (6) Control valves in a fire-rated stair enclosure accessible from the exterior Section 10.1.5 is added to read as follows:
10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is amended to read as follows:
10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.
Exception: Bolted joint accessories made from 304 or 316 stainless steel.
Section 10.4.1.1.1 is added to read as follows:
10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.
Section 10.4.3.2 is hereby deleted and replaced as follows:
10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through
10.4.3.2.4.
CC ORD 2022-06
1726692.1
Appendices
Appendix A is deleted in its entirety.
Appendix B is adopted in its entirety.
Appendix BB is adopted in its entirety.
Appendix C is adopted in its entirety.
Appendix CC is adopted in its entirety.
Appendix D is deleted in its entirety.
Appendix E is deleted in its entirety.
Appendix F is deleted in its entirety.
Appendix G is deleted in its entirety.
Appendix H is deleted in its entirety.
Appendix I is deleted in its entirety.
Appendix J is deleted in its entirety.
Appendix K is deleted in its entirety.
Appendix L is deleted in its entirety.
Appendix M is deleted in its entirety.
Appendix N is deleted in its entirety.
Appendix O is deleted in its entirety.
SECTION 3. Filing with Building Standards Commission. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission.
SECTION 4. CEQA. In accordance with CEQA Guidelines section 15060(c)(2) – the adoption of the California Fire Code will not foreseeably result in direct or reasonably foreseeable indirect impacts and is exempt from the provisions of the California Environmental Quality Act and City Clerk shall file such Notice of Exemption with the County Clerk.
CC ORD 2022-06
1726692.1
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall not take effect until thirty (30) days after its final passage, or January 1, 2023, whichever occurs later.
SECTION 17.Publication by Clerk. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of adoption and shall post a certified copy of this Ordinance, including the vote for and against same, in the Office of the City Clerk, in accordance with Government Code 36933.
PASSED, APPROVED AND ADOPTED this 14th day of November, 2022. _______________________________
Shelley Hasselbrink, Mayor
ATTEST:
___________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
___________________________
Michael S. Daudt, City Attorney
CC ORD 2022-06
1726692.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance No. 2022-06 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 17th day of October, 2022, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 14th day of November, 2022, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________
Windmera Quintanar, MMC, City Clerk
1726692.1
EXHIBIT A
LOCAL CONDITIONS FINDINGS
FACTUAL FINDINGS ESTABLISHING THE REASONABLE NEED FOR LOCAL
AMENDMENTS TO PORTIONS OF THE CALIFORNIA FIRE CODE BASED UPON LOCAL
CLIMATIC, GEOLOGICAL AND/OR TOPOGRAPHICAL CONDITIONS
The Fire Official and City Building Official recommend that certain changes and modifications to the 2022 California Fire Code are reasonably necessary due to local conditions within the City, certain changes and modifications are of an administrative or procedural nature or concern themselves with subjects not covered by the California Building Standards Code, and certain changes and modifications are reasonably necessary to safeguard life and property within the City of Los Alamitos.
Section 1. General Findings
The following findings apply in the City of Los Alamitos and explain why the changes to the Building Standards Code are necessary because of climatic, geological and/or topographical conditions in the city.
I. Climatic Conditions
A. Orange County is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger.
This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene.
B. The climate alternates between extended periods of drought and brief flooding conditions.
Flood conditions may affect the Orange County fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County.
C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.
D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department
1726692.1
response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.
II. Topographical conditions
A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change caused by the hills creates the geological foundation on which communities with Orange County is built and will continue to build. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and with greater constraints in terrain.
B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County.
C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide automatic onsite fire-extinguishing systems and other protection measures to protect occupants and property.
III. Geological Conditions
The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation.
A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.”
1726692.1
B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable.
There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal.
C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes are in contact with soils.
D. Portions of the County contain active or former oil production fields. These areas contain a variety of naturally occurring gasses, liquids and vapors. These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary for implementation of appropriate mitigation.
Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zones described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) resources available for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.
Section 2 –Application of Findings to Amendments in Ordinance No. ___ Amendments to the 2022 Edition of the California Fire Code set forth in Ordinance No. _______ and identified below are reasonably necessary as administrative or procedural in nature, or to ensure consistency with previously adopted ordinances, or are intended to enhance life and fire safety due to the climatic, topographical, and/or geologic conditions cited below.
1726692.1
2022 California Fire Code
Amendment Findings Legend
CODE
SECTION
TITLE (Clarification) FINDINGS
112.4 Violation penalties Administrative
112.4.2 Infraction & Misdemeanor Administrative
202 General definitions Administrative
304.1.2 OCFA Vegetation Management I
305.6 Hazardous conditions I & II
305.7 Disposal of rubbish I & II
307 Open burning, recreational fires, fire pits, fire rings, and outdoor fireplaces
Administrative
307.6 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative 307.6.1 Gas-fueled devices I & II
307.6.2 Devices using wood or fuels other than natural gas or LPG
I & II
307.6.2.1 Where prohibited I & II
324 Fuel modification requirements for new construction I 325 Clearance of brush or vegetation growth from roadways I 326 Unusual circumstances Administrative
327 Use of equipment I
327.1 Use of equipment and devices generating heat, sparks or open flames
I
327.2 Spark arresters I
407.5 Hazardous material inventory statement I & II
501.1 Scope Administrative, I, II & III
510.1 Emergency responder radio coverage Administrative 903.2 Where required (Sprinklers) I, II & III
903.2.8 Group R (Sprinklers) I, II & III
903.3.5.3 Hydraulically calculated systems I & II
2801.2 Permit Administrative
2808.2 Storage site Administrative
2808.3 Size of piles I
2808.4 Pile separation I
2808.7 Pile fire protection I
2808.9 Material-handling equipment I
2808.11 Temperature control I
2808.11.1 Pile temperature control I
2808.11.2 New material temperature control I
2808.12 Water availability for piles I
2808.13 Tipping area I
2808.14 Emergency contact information Administrative
2808.15 Defining maximum separation contact Administrative 2808.16 Push-out area dentification Administrative
4903.3 OCFA Vegetation Management Guideline I
1726692.1
5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I & III
5608.2 Retail fireworks Administrative
5608.3 Application for permit Administrative
Chapter
80 Reference Standards N/A
2022 NFPA 13 (Sprinkler Systems) Administrative, II & III 2022 NFPA 13-D (Single Family Sprinkler Systems) I & II 2019 NFPA 14 (Standpipe Systems) Administrative
2012 NFPA 24 (Underground Water Supply
Systems)
Administrative & III
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 13A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Craig Koehler, Director of Finance
Subject: Resolution 2022-31 - Minimum Wage Increase
SUMMARY
This report addresses the state-wide minimum wage increase that becomes effective January 1, 2023.
RECOMMENDATION
Adopt Resolution No. 2022-31, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING AND RESTATING THE HOURLY RATE SCHEDULE EFFECTIVE JANUARY 1, 2023 AND REPEALING EXHIBIT B FROM RESOLUTION NO. 2021-27".
BACKGROUND
In 2016, Governor Jerry Brown signed Senate Bill 3 raising California’s mandatory minimum wage to $15.00 per hour by 2022. The state saw its first increase in January 2017, as the mandatory minimum wage increased from $10.00 to $10.50 per hour, and increases of $1.00 per hour in 2018 through to 2021. The City’s hourly rate schedule was updated to incorporate the 2022 minimum wage level of $15.00 per hour, mandated by Senate Bill 3. The new minimum wage will increase to $15.50 by January 1, 2023. The increase is required by the state’s minimum wage law, which triggers an increase when the inflation exceeds 7 percent.
DISCUSSION
Effective January 1, 2023, the State mandated minimum wage will increase from $15.00 to $15.50 per hour. The City has fourteen hourly classifications (Recreation Leader, Senior Recreation Leader, Recreation Specialist, Community Services Coordinator, Lifeguard, Water Safety Instructor I, Sr. Lifeguard/Water Safety Instructor II, Police Aid/Cadet, Account Clerk, Administrative Intern, Clerical Assistant, Maintenance Worker, Code Enforcement Officer, and Senior Code Enforcement Officer) that need to be adjusted to meet the State mandated minimum wage, compaction, and to remain competitive with other local cities.
FISCAL IMPACT
Sufficient funds were budgeted in the adopted fiscal year 2022-23 budget in the Part Time Salary accounts for each department. Staff incorporated this scheduled wage increase into the original budget projections, so no budget amendment is necessary.
Attachment: 1. Resolution No. 2022-31 - Hourly Rate Schedule
2. Exhibit A - Hourly Rate Schedule Effective January 1, 2023
RESOLUTION NO. 2022-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, AMENDING AND RESTATING THE
HOURLY RATE SCHEDULE EFFECTIVE JANUARY 1, 2023 AND
REPEALING EXHIBIT B FROM RESOLUTION NO. 2021-27
WHEREAS, in 2016, Governor Jerry Brown signed Senate Bill 3 raising California’s mandatory minimum wage to $15.00 per hour by 2022; and, WHEREAS, effective January 1, 2023, the mandatory minimum wage will increase from $15.00 to $15.50 per hour; and,
WHEREAS, the City’s hourly rate schedule needs to be updated to incorporate the $15.50 per hour state mandated minimum wage; and,
WHEREAS, effective January 1, 2023, this Resolution shall supersede and repeal Exhibit B from Resolution No. 2021-27.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.
SECTION 2. The City of Los Alamitos hourly rate schedule is hereby amended and restated, effective January 1, 2023, to read as set forth in Exhibit “A,” attached hereto.
SECTION 3 The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 14th day of November, 2022.
Shelley Hasselbrink, Mayor
ATTEST:
Windmera Quintanar, MMC, City Clerk
CC RESO 2022-31
APPROVED AS TO FORM:
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a Regular meeting of the City Council held on the 14th day of November 2022, by the following vote, to wit:
AYEs: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 13B
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Craig Koehler, Director of Finance
Subject: PERS Unfunded Actuarial Liability (UAL)
SUMMARY
Since the adoption of the City’s Fiscal Sustainability Plan, the Budget Standing Committee and the Los Alamitos City Council have been exploring different methods of maximizing investment opportunities that result in net savings to the City’s residents. This item provides Council the opportunity to discuss the City's PERS Unfunded Actuarial Liability (UAL), Consideration of Possible early Funding Options, and Draft Unfunded Liability Pay-Down Policy.
RECOMMENDATION
1. Review and discuss the information in connection with the PERS Unfunded Actuarial Liability (UAL), consideration of early funding options, and draft funding policy; and,
2. Adopt Resolution No. 2022-33, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING THE PERS UNFUNDED ACCRUED LIABILITY PAY-DOWN FUNDING POLICY DATED NOVEMBER 2022"; and/or,
3. Provide direction to Staff.
BACKGROUND
A report on additional PERS funding for an UAL paydown was presented to the City Council on June 21, 2021. Council requested that staff return to the Budget Standing Committee for additional study and review of the different options available to the City in order to determine the feasibility of an early Pay-Down Plan for the unfunded liability, as well as to develop needed policies.
A follow-up report was provided to the Budget Standing Committee on August 23, 2021, and at the January 25, 2022 Special Meeting. The Budget Standing Committee received additional information at a Special Meeting on July 27, 2022, including a presentation from a public financial advisory firm, PFM Financial Advisors, LLC, in connection with alternatives for early funding of the UAL. At the October 19, 2022 Special Meeting, the Budget Standing Committee discussed and reviewed a plan aimed at paying off the City’s PERS UAL, funding, and a draft policy.
DISCUSSION
At the July 27, 2022 Special Meeting, several early UAL funding options were reviewed and discussed, including “Pay as You Go” (current payment methodology), Hybrid funding (percentage of fiscal year-end surplus applied to infrastructure and UAL), Additional Discretionary Payments (ADP), “Fresh Start Program”, Pension Obligations Bonds (POB), Tax Exempt Exchange, and IRS Section 115 Trust. A presentation was also provided by PFM Financial Advisors, LLC, related to different funding options in order to address the City’s UAL.
While the presentation initially focused on Pension Obligation Bonds as a vehicle to achieve the City’s desire to retire all outstanding PERS Unfunded Actuarial Liability, further analysis revealed that utilizing an annual Additional Discretionary Payments (ADP) plan may be more advantageous. Applying an ADP plan methodology would allow the City to achieve its goals sooner and generate more potential savings. It also would also enable the City to avoid some of the potential pitfalls of Pension Obligation Bonds, such as taking on additional debt that may not result in completely paying down the existing UAL.
Below is a summary of the three potential ADP funding plan options, and their associated projected savings. It is important to note that regardless of the ADP plan term selected (15, 12, or 10 years), the savings generated would be recouped at the end of the specified target period.
While a 10-year ADP funding plan would generate the largest amount of savings, it would seriously restrict the City’s cash flow and the ability to continue to make other improvements outlined within the City’s Fiscal Sustainability Plan. Conversely, a 15-year ADP funding plan would not provide enough additional funding in order to generate significant savings. For these reasons, the Budget Standing Committee is recommending an UAL funding payment plan utilizing 12-year funding, with an estimated savings of $2.2 million. This would require an additional ADP payment of $260,000 annually. PERS UAL funding is a prudent practice that has been used by many other municipalities and agencies, including Manhattan Beach, Newport Beach, and the Orange County Fire Authority.
The Budget Standing Committee has recommended approval of the adoption of a funding plan to paydown the UAL, utilizing ADP based on a 12-year target to reach a goal of 100% funding.
The Budget Standing Committee recommends the following plan and policy directives for the UAL paydown structure:
Starting with the 2022/2023 Budget cycle, direct the City Manager to incorporate within the annual budget an Additional Discretionary Payment (ADP) of at least $260,000 in order to address the City’s current PERS Unfunded Actuarial (UAL). The City Manager is further directed to include the same $260,000 in subsequent budgets, with the goal of achieving 100% funding within 12 years of adoption of this policy. Additionally, upon completion of the City’s annual independent financial audit, should a surplus be identified and verified, at least 25% of the identified and verified surplus will be used to make an additional ADP payment. This payment is in addition to and does not supplant the already directed $260,000 annual payment. Any change to or rescission of this policy would require the City Council to hold a public hearing and make a finding of extreme financial danger to the City’s infrastructure or public safety.
The purpose of this Unfunded Liability Pay-Down Policy (“Policy”) is to provide guidance on the development and adoption of a funding plan for any Unfunded Accrued Liabilities (“UAL”) that are calculated annually by CalPERS. The City is committed to fiscal sustainability by employing long-term financial planning efforts, maintaining appropriate reserve levels, and employing prudent practices in governance, management, budget administration, and financial reporting. This policy is intended to make all relevant information readily available to decisionmakers and the public to improve the quality of decisions, identify policy goals, and to demonstrate a commitment to long-term financial planning. The City’s overall objective is to fund the CalPERS pension plan as near to 100% of the total accrued liability as possible.This funding policy will support the decision-making process of the City Council and is consistent with the overall purpose and goals of the City of Los Alamitos.
FISCAL IMPACT
In order to reach the 12-year goal for 100% Unfunded Liability (UAL) funding, an Additional Discretionary Payment (ADP) of at least $260,000 per year will be needed. This amount is in addition to the normal contributions and unfunded liability payment that the City makes as specified by CalPERS. If adopted by the City Council, this amount will be included in future budgets.
Attachment: 1. Resolution 2022-33- PERS UAL Pay-Down Funding Policy
2. Exhibit A
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, ADOPTING THE PERS UAL PAYDOWN FUNDING POLICY DATED NOVEMBER 2022 WHEREAS, it is the City’s desire to adopt a plan to fund the PERS Unfunded Accrued Liability (UAL), the Statement of UAL Pay-Down Funding Policy; and, WHEREAS, the Statement of UAL Pay-Down Funding Policy is intended to provide guidelines on the development and adoption of a funding plan for Unfunded Accrued Liabilities (UAL) that are calculated annually by CalPERS; and, WHEREAS, starting with the 2022/2023 Budget cycle, The Los Alamitos City Council directs the City Manager to incorporate within the annual budget an Additional Discretionary Payment (ADP) of at least $260,000 in order to address the City’s current PERS Unfunded Actuarial (UAL); and,
WHEREAS, the City Manager is further directed to include the same $260,000 in subsequent budgets, with the goal of achieving a 100% funding within 12 years of adoption of this policy; and,
WHEREAS, additionally, upon completion of the City’s annual independent financial audit, should a surplus be identified and verified, at least 25% of the identified and verified surplus will be used to make an additional ADP payment and this payment is in addition to and does not supplant the already directed $260,000 annual payment ;and, WHEREAS, Any change to or rescission of this policy would require an action approved by the City Council during a public hearing and requiring a finding of extreme financial danger to the City’s infrastructure or public safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.
SECTION 2. The City Council of the City of Los Alamitos hereby adopts the Statement of UAL Pay-Down Funding Policy, dated November 2022 attached hereto as Exhibit “A.”
CC RESO 2022-XX
SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 14th day of November, 2022.
Shelley Hasselbrink, Mayor
ATTEST:
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a Regular meeting of the City Council held on the 14th day of November 2022, by the following vote, to wit:
AYEs: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Windmera Quintanar, MMC, City Clerk
CC RESO 2022-33 – Exhibit A
City of Los Alamitos PERS Unfunded Liability (UAL) Pay-Down Funding Policy November 2022
The purpose of this Unfunded Liability Pay-Down Policy (“Policy”) is to provide guidance on the development and adoption of a funding plan for any Unfunded Accrued Liabilities (“UAL”) that are calculated annually by CalPERS. This funding Policy should also support the decision-making process of the City Council and should be consistent with the overall purpose and goals of the City of Los Alamitos.
The City recognizes that a fiscally prudent Policy should:
Maintain the City’s sound financial position
Ensure the City has the flexibility to respond to changes in future service priorities, revenue levels, and operating expenditures
Protect the City’s creditworthiness
Ensure that all pension funding decisions are structured to protect both current and future taxpayers, ratepayers and residents of the City, and Ensure that the City’s debt is consistent with the City’s strategic planning goals, objectives, capital improvement program, and/or budget.
The City is committed to fiscal sustainability by employing long-term financial planning efforts, maintaining appropriate reserve levels, and employing prudent practices in governance, management, budget administration, and financial reporting. This Policy is intended to make all relevant information readily available to decision-makers and the public to improve the quality of decisions, identify policy goals, and to demonstrate a commitment to long-term financial planning. The City’s overall objective is to fund the CalPERS pension plan near 100% of the total accrued liability, whenever possible.
The purpose of this funding policy is to establish a framework for funding the City of Los Alamitos’ defined benefit pension plan, taking into account factors that are relevant to the plan and the City. These factors include:
The financial position of the City
Stability of the plan and / or the affordability of the annual contributions Benefit security
The terms of the CalPERS contract for Los Alamitos, along with any related collective bargaining agreements
Minimum funding requirements under State law
At its adoption, the approved funding plan will use a target of 12 years to reach 100% of the Unfunded Liability. It is acknowledged that a significant number of different factors may impact the City’s ability to reach this target, including but not limited to:
Changes in actuarial assumptions and experience changes (e.g., changes in the discount rate, changes in demographic experience, etc.); Changes in actuarial gains and losses due to asset returns being higher or lower than expected; and
Changes in plan benefits.
CC RESO 2022-33 – Exhibit A
As such the realized funding period could be extended or shortened based on these factors. After completion of the annual audit, all discretionary fund reserve balances will be reviewed by City staff. Based on any budgetary constraints at that time, a determination will be made that it is in the best interest of the City to use any available reserves or one-time savings from the prior fiscal year to make ADPs.
In the event it is necessary to reduce the ADP amounts lower than $260,000, a separate report to Council will be made to justify the reason for withholding the ADP along with appropriate financial support certified by the City Manager. ADP payments lower than $260,000 may only be made upon a finding by the City Council of extreme danger to the City’s infrastructure or extreme danger to public safety.
Policy Directives:
Starting with the 2022/2023 Budget cycle, The Los Alamitos City Council directs the City Manager to incorporate within the annual budget an Additional Discretionary Payment (ADP) of at least $260,000 in order to address the City’s current PERS Unfunded Actuarial (UAL). The City Manager is further directed to include the same $260,000 in subsequent budgets, with the goal of achieving a 100% funding within 12 years of adoption of this policy. Additionally, upon completion of the City’s annual independent financial audit, should a surplus be identified and verified, at least 25% of the identified and verified surplus will be used to make an additional ADP payment. This payment is in addition to and does not supplant the already directed $260,000 annual payment. Any change to or rescission of this policy would require an action approved by the City Council during a public hearing and requiring a finding of extreme financial danger to the City’s infrastructure or public safety.
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 13C
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Emeline Noda, Director of Recreation & Community Services Subject: Date Change for the July Fireworks Spectacular
SUMMARY
This report provides a general overview of adjusting the annual 4th of July Fireworks Spectacular event to be held July 3 moving forward.
RECOMMENDATION
Direct Staff to change the event date for the Fireworks Spectacular to July 3, beginning in 2023.
BACKGROUND
The City of Los Alamitos Recreation and Community Services Department plans and executes an annual 4th of July Fireworks Spectacular event on July 4 in partnership with the City of Seal Beach. The host location of the Los Alamitos Joint Forces Training Base (JFTB). The event averages 7,000-8,000 participants and features a family zone, military static displays, musical entertainment, both food and commercial vendors, and a spectacular fireworks display.
DISCUSSION
Historically, the City of Los Alamitos has partnered with the Joint Forces Training Base to hold its annual 4th of July Fireworks Spectacular event on the Base on July 4. The event relies heavily on the support of military personnel at the Base who oversee security, set up, crowd control, and event logistics from several days prior to cleaning up the day after. JFTB personnel have been extraordinary in their professionalism and partnership over the years, working tirelessly to bring forth a spectacular event for the public.
Due to its status as a federal holiday, post event evaluation and discussion proposes moving the event date to July 3 to provide military personnel and their families the opportunity to celebrate and observe this National holiday.
Staff has made necessary contact with JFTB officials in addition to the contracted fireworks vendor (Fireworks & Stage FX America Inc.), all of whom agree to the proposed date change if approved by the City.
FISCAL IMPACT
None.
Attachment: None
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 14A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Chet Simmons, City Manager
Subject: Ordinance No. 2022-07 - Regulation and Sale of Fireworks
SUMMARY
This report provides the Council with an opportunity to discuss the potential use of safe and sane fireworks on the 4th of July, as well as their potential regulation and sale.
RECOMMENDATION
1. Introduce for first reading, read by title only, waive further reading of Ordinance No. 2022- 07, and set for adoption; and,
2. City Attorney Daudt read the title of Ordinance No. 2022-07, entitled “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER 5.60 (FIREWORKS) TO TITLE 5 OF THE LOS ALAMITOS MUNICIPAL CODE RELATING TO THE REGULATION AND SALE OF FIREWORKS”.
BACKGROUND
In December 1986, City Council adopted Ordinance No. 492 prohibiting the sale, use or discharge of fireworks. Ordinance 492 banned all public displays that were not sponsored by the City.
Since the adoption of this ordinance, the City has hosted the annual fireworks spectacular at the Joint Forces Training Base (JFTB). With the coordination of the JFTB personnel, Police Department, and City staff, this event has been held every year on the 4 th of July. Recently,
base personnel requested that the event be moved to July 3 rd so that military personnel can
spend the holiday with their family instead of working the event.
Tonight’s item provides an Ordinance for the Council’s consideration that would allow for the use of safe and sane fireworks by the public on July 4, as well as allow for the regulated sale of safe and sane fireworks within the City limits.
There are currently ten Orange County cities that allow for safe and sane fireworks on July 4.
These include the cities of Anaheim, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Santa Ana, Stanton, Villa Park, and Westminster.
DISCUSSION
The City’s Municipal Code does not currently allow for the use or sale of safe and sane fireworks. The proposed Ordinance incorporates some of the best practices from surrounding cities regarding the use and regulation of safe and sane fireworks and is being presented as a discussion item for the City Council's consideration. The key components of the proposed Ordinance are highlighted below.
Use of Safe and Sane Fireworks
The proposed Ordinance would allow the use of safe and sane fireworks within the City limits.
Their use would be limited to the 4th of July between the hours of 10:00 a.m. to 10:00 p.m..
The use of fireworks would also be limited to outdoor residential property and residential streets. Fireworks would continue to be prohibited on commercial or industrial property.
Fireworks would also be prohibited at City parks and facilities. If adopted, any individual found to be in violation of these regulations would be subject to a $1,000 fine.
Sale of Safe and Sane Fireworks
The proposed ordinance would allow for the regulated sale of safe and sane fireworks within the City limits. These sales would be permitted to commence on July 1st and continue through July 4th. The proposed ordinance highlights necessary permits and safety plans that would need to be approved by the City prior to the operation of any sales location.
Number of Stands
Staff has contacted our current pyrotechnic company, as well as neighboring cities, regarding sales locations operations and the appropriate number of locations. Taking into account this industry knowledge and the geographical size of Los Alamitos, the permitting of two sales locations is being recommended at this time.
Sales Location Operations
Individual sales locations require a significant amount of resources and personnel in order to run effectively. It has become customary for cities to delegate the operation and management of these sales locations to area non-profits in order to serve as a fund-raising mechanism for the work they do in the community. Given the limited number of sales locations that could effectively operate within the City and the number of non-profits located in Los Alamitos, the proposed ordinance outlines a management and operation structure that would allow for all Los Alamitos non-profits to participate in the revenue-generating potential of the two sales locations.
Under the proposed structure, the two location's operations would be managed and operated by the Los Alamitos Community Foundation (LAFC). As part of the permitting process, LAFC would be required to offer other non-profits located in Los Alamitos working-shifts at each of the sales locations. These working-shifts would serve as the basis for a required revenue sharing between the involved non-profits and would allow for all non-profits in the City to generate funds for their respective non-profits. This also allows for each nonprofit to determine their own level of involvement, based on their member's time availability. This methodology has been successfully deployed by other non-profits in Los Alamitos.
Public Safety Insights
Comments from the Police Department
Staff reached out to surrounding agencies that allow safe and sane fireworks in order to assist in determining their overall impact. In surrounding cities, Police Services have noted that legal fireworks have had an impact on police resources, including increased calls for service and ensuring regional resources remain available. For example, the 2022 July 4 th Operations Plan
for the City of Stanton involved additional patrol personnel, plain clothes personnel, SWAT personnel, Reserve Deputy Sheriff’s, and contingency plans for the OCSD Bomb Squad to respond to any large scale incidents.
Data for “firework” related calls for service in Los Alamitos over the past 5 years is provided below. Calls for service are from July 3
rd and July 4th. Included is the day of the week July
4 th fell on.
Year Calls for
Service
(July 3-4)
Day of the Week July 4th fell on
2022 10 Monday
2021 17 Sunday
2020 19 Saturday
2019 7 Thursday
2018 6 Wednesday
The data shows an increase in calls for service when the holiday falls on a weekend. It is safe to assume there would be an increase in calls for service if the City were to allow for safe and sane fireworks. The surrounding cities of Hawaiian Gardens, Garden Grove, Buena Park, Stanton, and Westminster currently sell safe & sane fireworks. During firework season, the Los Alamitos Police Department regularly encounters residents lighting safe and sane fireworks due to the proximity of firework stands. Therefore, the police department acknowledges that the call volume related to fireworks would likely increase, but we do not anticipate there will be a significant increase. Our preliminary plan is to address the increase in calls for service from July 1st to July 4th with one officer working overtime and designated to only handle calls for service related to fireworks.
Comments from Orange County Fire Authority
Over the past 5 years, Orange County averaged close to 37 fireworks-related injuries per year around the Independence Day holiday (June 30th-July 5th). Most of the fireworks-related injuries were caused by an illegal or an unknown type of firework. Safe and Sane fireworks accounted for a very small percentage of reported injuries. In comparison to the national average of injuries reported, Orange County seems to be significantly lower in average injuries.
In comparison to 2021, reported fireworks-related property loss increased in Orange County for 2022. However, reported acreage that was lost due to fireworks-related fires, was similar to 2021. In Orange County Fire Authority’s jurisdiction, 8 fireworks-related incidents were reported in 2022.
Each year, Orange County Fire Authority measures the amount of fireworks confiscated over the Independence Day holiday. In 2022, the amount of reported confiscated illegal fireworks to local fire departments and law enforcement agencies was higher to confiscation numbers in 2021 (5861.2 lbs this year versus 3489.9 lbs in 2021).
FISCAL IMPACT
There is no fiscal impact with the adoption of this ordinance. It is anticipated that expenditures related to staff time for monitoring and enforcement will be incurred but will remain within already budgeted thresholds.
Attachment: 1. Ordinance No. 2022-07
1733418.1
ORDINANCE NO. 2022-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER
5.60 (FIREWORKS) TO TITLE 5 OF THE LOS ALAMITOS
MUNICIPAL CODE RELATING TO THE REGULATION
AND SALE OF FIREWORKS
WHEREAS, pursuant to Health and Safety Code section 12541, the City Council is authorized to regulate the sale, use, and discharge of fireworks within City limits; and WHEREAS, State law divides fireworks into two (2) categories: “dangerous” and “safe and sane” fireworks (California Health and Safety Code sections 12500 et. seq.); and
WHEREAS, only “safe and sane” fireworks are sold in California for private use because they are considered less dangerous to individuals and pose less of a risk of causing fire and damage to property since such fireworks do not fly, explode, shoot projectiles, travel, or leave the ground, and such fireworks usually exclude very large fireworks of other dangerous devices like rockets and aerial shells; and WHEREAS, the City Council desires to establish regulations governing the sale, use, and discharge of safe and sane fireworks within City limits.
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.60 (Fireworks) is hereby added to Title 5 (Business Licenses and Regulations) of the Los Alamitos Municipal Code to read as follows:
CHAPTER 5.60 FIREWORKS
5.60.010 Temporary Fireworks Stand Permits
5.60.020 Limitation on Total Number of Permits
5.60.030 Eligible Organizations
5.60.040 Application
5.60.050 Permit Issuance
5.60.060 Safe and Sane Fireworks
5.60.070 Time Limit on Sales of Fireworks
5.60.080 Temporary Fireworks Stand Regulations
5.60.090 Complying with Application
5.60.100 Indemnity and Liability Insurance
5.60.110 Location of Temporary Fireworks Stands
5.60.120 Exits and Locking Devices
5.60.130 Fire Extinguisher
CC ORD 2022-07
1733418.1
5.60.140 Overnight Habitation Prohibited
5.60.150 Sale, Possession and Discharge of Fireworks
5.60.160 Appeal Provisions
5.60.170 Seizure and Disposal of Fireworks
5.60.180 Administrative Penalty
5.60.190 Suspension and Revocation
5.60.010 Temporary Fireworks Stand Permits
A. Permits for temporary fireworks stands for the display and retail sales of fireworks shall be issued by the Development Services Department or his/her designee only in accordance with the provisions of this chapter.
B. The Development Services Department or his/her designee shall have the discretionary authority to grant or deny a permit, subject to reasonable conditions as may be prescribed.
C. In addition to the permit issued by the City, each qualified permittee shall obtain the permit required by the Orange County Fire Authority. Each permittee shall work with the Orange County Fire Authority to ensure safe operation of the temporary fireworks stand and to prepare and deliver educational material to customers pertaining to fire safety in the use of fireworks at any location. In addition, each permittee agrees to present such educational materials in a programmed manner to its members on an annual basis, and to the public in conjunction with sales from fireworks stands.
5.60.020 Limitation on Total Number of Permits
There shall be a maximum of two permits issued for temporary fireworks stands each year.
5.60.030 Eligible Organizations
A. All annual permits for temporary fireworks stands shall be awarded to the Los Alamitos Community Foundation (Foundation). As a condition of issuance of any permit, the Foundation is required to allow other locally based tax-exempt organizations, as described in this Section 5.60.030, to provide personnel to assist with the sale of fireworks and share in a portion of revenue generated from the fireworks stands. The management and revenue share for the temporary fireworks stands will be overseen by the Foundation.
B. The City Council finds that locally based tax-exempt organizations consistently contribute to the public health and safety of City residents by: donating time and funding to a variety of community events; assisting individuals with medical, educational, and moral support; conducting unique volunteered events contributing to the City’s historical and cultural heritage. These organizations further contribute to the City’s mission of providing cost effective public services to the community. They are also uniquely qualified to assist in educating City residents in fire safety procedures as further
CC ORD 2022-07
1733418.1
provided herein. Accordingly, based upon these contributions, the City Council finds and determines that it is appropriate to designate such organizations located within City limits as the only organizations eligible to sell fireworks under the conditions set forth in this chapter.
C. Only federally certified non-profit tax-exempt organizations located within the City limits and primarily benefiting the Los Alamitos community are eligible to sell fireworks pursuant to this chapter.
5.60.040 Application
A. An application for a temporary fireworks stand permit shall be made in writing on forms prescribed by the Development Services Department and filed therewith not later than March 31st of the year for which the permit is requested. If March 31st falls on a weekend, official City holiday, or a day in which City Hall is closed, the application will be due on the next business day when the City is open for business.
B. Such application and permit shall only be issued to a regular member of the stated organization, and he or she shall be held responsible for compliance with all rules and regulations.
C. Permits are not transferable or assignable, shall only be valid for the dates specified in the permit, and shall be subject to all conditions set forth in the permit.
D. A completed permit application package shall include, but not be limited to:
1. Name, residence or physical business address, contact number, email address, proper identification, and signature of an authorized representative of the permit applicant;
2. Copy of the applicant’s IRS 501(c)(3) Charitable Organization Determination Letter;
3. The location of the proposed temporary fireworks stand, along with a notarized affidavit from the property owner authorizing locating the stand on such property;
4. Fireworks distributor’s (the “company”) name, address, telephone number, and point of contact;
5. A copy of the sales tax permit from the California Department of Tax and Fee Administration with the address of the fireworks stand;
6. A copy of a valid State Fire Marshal Retail Fireworks License;
7. A completed City business tax application with the organization’s Federal Tax Identification Number (FEIN). The FEIN must match the FEIN in the IRS 501(c)(3)
CC ORD 2022-07
1733418.1
Charitable Organization Determination Letter;
8. A legible, color copy of a Plot Plan showing the stand location and distances from buildings, structures, or other facilities that may impact the access, circulation or safety of the stand, workers and patrons;
9. Additional information as reasonably required by the City to process the application or the Orange County Fire Authority to evaluate the proposed operation of a temporary fireworks stand by the applicant;
10. A completed liability release and indemnity form pursuant to Section
50.060.100 executed by the individual(s) authorized to bind the organization applying for the permit; and
E. Incomplete or inaccurate applications will be denied.
05.60.050 Permit Issuance
The Development Services Department, or his/ her designee, shall approve or deny each application for a City permit based upon:
A. An assessment of the applicant’s proposed operations for compliance with the various provisions of this chapter;
B. If the applicant is a past permit holder, and if the applicant’s:
1. Prior compliance with the various provisions of this chapter and any conditions imposed in the prior permit; and if,
2. The applicant’s prior safety history in the operation of a temporary fireworks stand; and
C. An assessment of the proposed operation of the stand relative to the protection of the public health, safety, and welfare. Conditions may be imposed on permit issuance in order to ensure compliance with the provisions of this chapter and as determined to be appropriate to protect the public health, safety, and welfare from the potential impacts of the operation of the stand.
5.60.060 Safe and Sane Fireworks
Except as expressly permitted and pursuant to the requirements of this chapter, it shall be unlawful to possess, sell, use, display or discharge, within the City, those fireworks not bearing the seal of the State Fire Marshal and that are defined and classified as “safe and sane fireworks” as prescribed in Section 12529 of the California Health and Safety Code and relevant sections of Title 19, Code of Regulations.
CC ORD 2022-07
1733418.1
5.60.070 Time Limit on Sales of Fireworks
Retail sales of safe and sane fireworks are authorized in the City for temporary fireworks stand permit holders only on the dates and during the times in this section.
Retail sales shall be limited to that time, between the hours of 10:00 a.m. and 10:00 p.m. during the days of July 1st, July 2nd, and July 3rd, and between the hours of 10:00 a.m. and 9:00 p.m. on July 4th of that same year. All sales of fireworks shall cease at 9:00 p.m. on July 4th, until the next calendar year.
5.60.080 Temporary Fireworks Stand Regulations
All temporary fireworks stands, or the display and sale of safe and sane fireworks, shall be located, maintained, and operated subject to the provisions of this chapter.
A copy of the approved application and point of contact information including name, phone number, and email address shall be visibly posted in the stand at all times.
5.60.090 Complying with Application
Any person or organization operating any permitted temporary fireworks stand shall abide by and comply with all matters set forth in the application for such permit, all regulations relating thereto and established by ordinance, all restrictions and conditions imposed by the Development Services Department or his/her designee in granting the permit, and the regulations and conditions under the Orange County Fire Authority permit.
Failure to comply with such regulations, conditions, or ordinances is subject to penalty as provided for by law and this code, including, but not limited to, the revocation of any current permit and the denial of a future permit to the violator.
5.60.100 Indemnity and Liability Insurance
A. Indemnification. As a condition to issuance of a permit under this chapter, each permittee shall execute a liability release and indemnity form approved by the City Attorney providing that such permittee will release, indemnify, hold harmless, and defend the City of Los Alamitos, its officers, officials, agents, employees, and volunteers from and against any and all actions, claims, demands, damages, disability, losses, expenses, including reasonable attorney’s fees and other defense costs or liabilities of any nature, that may be asserted by any person or entity from any cause whatsoever arising from the activities of permittee, its subcontractors, employees, volunteers, and/or agents in connection with operation of the stand.
B. As a condition to issuance of a permit under this chapter, prior to the erection of any stand, each permittee shall procure and maintain in full force and effect during the term of the permit a policy of commercial general liability insurance acceptable to the City, which provides coverage against claims for injuries to persons or damages to property which may arise from or in connection with the operations in and about the stand and
CC ORD 2022-07
1733418.1
premises. Such policy shall provide coverage on a per occurrence basis and be in such amount determined by the City Manager or designee to be necessary under the circumstances, which amount shall not be less than $1,000,000.00 per occurrence, and shall be endorsed to name the City, its officers, officials, agents, employees and volunteers as additional insureds and that the permittee’s insurance is primary and noncontributory as respects the City. No permit issued hereunder shall be effective until proof of the required insurance is submitted to the City. The City Manager or designee is authorized to promulgate rules or requirements regarding acceptable insurance carriers, provisions, endorsements, and/or forms acceptable to the City.
5.60.110 Location of Temporary Fireworks Stands
A. No temporary fireworks stand shall be erected or maintained in such a manner so as to cause an undue hazard to itself or adjoining property or to the persons working within the stand.
B. No temporary fireworks stand shall be permitted within 1,000 feet of any City park or facility.
5.60.120 Exits and Locking Devices
Each temporary fireworks stand erected shall have not less than two exits. Such exits shall be so placed as to provide immediate egress from either end of the stand. Exit doors shall only be locked in such a manner as to be readily openable from the interior without special knowledge, effort or tools, including keys.
5.60.130 Fire Extinguisher
There shall be maintained in each temporary fireworks stand within which fireworks are sold or offered for sale an approved Class 2A fire extinguisher. Whenever a temporary fireworks stand is being provided with electrical power from a gasoline-powered generator, an additional 10BC, dry chemical, fire extinguisher shall be installed. Fire extinguishers shall be placed and maintained in locations that are readily accessible for use, and each person who intends to assist in the operation of a temporary fireworks stand will receive instruction on their location and use.
5.60.140 Overnight Habitation Prohibited
There shall be no overnight sleeping by owners, personnel, or anyone within the temporary fireworks stand. Nighttime watch service may be permitted, provided persons shall be no closer than 50 feet from the stand.
5.60.150 Sale, Possession and Discharge of Fireworks
A. Safe and sane fireworks as defined in Section 5.60.060 of this chapter may be discharged within the City only on July 4th of each year between the hours of 10:00 a.m.
CC ORD 2022-07
1733418.1
and 10:00 p.m.
B. Unless expressly authorized in this code or under state or federal law, no person shall sell, offer for sale, purchase, possess, store, use or discharge fireworks of any kind in the City.
C. No person engaged in the business of the sale or disposition of fireworks shall sell, furnish, give, or cause to be sold, furnished or given away, any fireworks as defined in Section 5.60.060, to any person under the age of 18 years.
D. No person under the age of 18 years shall purchase any fireworks, as defined in Section 5.60.060.
E. No person under the age of 18 years shall use or discharge any fireworks within the City except when under the direct supervision and in the presence of an adult.
F. No person shall use or discharge any fireworks on any commercial, industrial, or publicly owned parcel within the City.
G. Except to the extent that safe and sane fireworks are authorized pursuant to this chapter, no person shall sell, offer for sale, purchase, possess, store, use, or discharge any fireworks in the City.
H. Except to the extent that safe and sane fireworks are authorized pursuant to this chapter, no person shall cause or allow the sale, purchase, possession, storage, use, or discharge of any fireworks on property that such person owns or controls.
I. No person shall allow the use or discharge of any safe and sane fireworks within 10 feet of any residence, dwelling, or other structure.
J. As used in this chapter, the term “fireworks” shall include all fireworks as defined in Sections 12505 and 12511 of the California Health and Safety Code.
K. Following the discharge of any fireworks, after they have sufficiently cooled, shall be placed in the black garbage containers. The period to wait for fireworks to cool should be no sooner than the next morning; unless water is used for cooling.
L. Nothing in this chapter shall preclude the City of Los Alamitos from presenting a “public display of fireworks,” as that term is defined in California Health and Safety Code Section 12524 or any successor provision thereto.
5.60.160 Appeal Provisions
An applicant may appeal any permit condition, denial, revocation or suspension to the City Manager within 10 days from the date of the action, by filing a notice of appeal in writing to the City Clerk. The City Manager or his/her designee will review the appeal de
CC ORD 2022-07
1733418.1
novo, and may grant or deny the permit, reinstate the permit, and impose reasonable conditions as the City Manager or designee may determine to be appropriate. Prior to making a decision the City Manager or designee may request additional information from the applicant or City staff. The decision of the City Manager will be final.
5.60.170 Seizure and Disposal of Fireworks
The City Manager, or his/ her designee, or any appropriate law enforcement authority shall have the authority to seize, take, remove, cause to be removed, and dispose of all fireworks sold, offered for sale, purchased, possessed, used, or held in violation of this chapter or otherwise constituting a fire nuisance. Any seizure, removal, or disposal of fireworks pursuant to this section shall occur in compliance with all applicable statutory, constitutional, and decisional law. In addition to any applicable penalties, fines, or available remedies, the owner and possessor of the fireworks shall be liable to the City for the actual costs of seizure, removal, and disposal of such fireworks.
5.60.180 Administrative Penalty
Any person, firm or corporation violating the provisions of this chapter may be issued an administrative citation by an enforcement officer in accordance with the provisions of this code. The administrative fine for a violation of this chapter shall be assessed in the amount provided as follows:
Number of offences in 1-year period Amount of Administrative Penalty First $1,000.00
Second $2,000.00
Third $3,000.00
5.60.190 Suspension and Revocation
A. The City Manager or his/her designee, or any appropriate law enforcement authority, may immediately suspend a permit and close a temporary fireworks stand, upon determining that the operation of the stand creates an imminent or substantial danger to the public health, safety or welfare.
B. The City Manager or his/her designee may revoke any temporary fireworks stand permit when it is determined that the permittee has: (1) failed to comply with any provisions of this chapter; (2) violated any condition of its temporary fireworks stand permit; (3) operated or is operating a temporary fireworks stand in a manner which causes or threatens to cause a danger to the public health, safety or welfare.
C. Any determination to immediately suspend or revoke a permit and close a stand shall be deemed final upon issuance, and subject to immediate judicial review.
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion
CC ORD 2022-07
1733418.1
of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 19th day of December, 2022.
Shelley Hasselbrink, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Michael S. Daudt, City Attorney
CC ORD 2022-07
1733418.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance was duly introduced and placed upon its first reading at an adjourned regular meeting of the City Council on the 14th day of November, 2022 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19th day of December, 2022, by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________________
Windmera Quintanar, MMC, City Clerk