CITY OF POMONA
COUNCIL REPORT
December 18, 2023
To: Honorable Mayor and Members of the City Council
From: Anita Gutierrez, Acting City Manager
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 4334 ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2022 EDITION BY AMENDING SECTIONS 22-1 AND 74-31 OF THE POMONA CITY CODE AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION:
It is recommended that the City Council introduce, waive further and give first reading to the following ordinance:
ORDINANCE NO. 4334 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2022 EDITION BY AMENDING SECTIONS 22-1 AND 74-31 OF THE POMONA CITY CODE AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT EXECUTIVE SUMMARY:
The California Building Standards Commission (CBSC) is the regulatory body that is responsible for the review and adoption of building standards to be used throughout the state of California, including the California Fire Code. On January 31, 2023, the Los Angeles County Board of Supervisors adopted Ordinance No. 2023-0008, amending Title 32 of the Los Angeles County Code by repealing and replacing it with the 2022 Edition of the California Fire Code and making certain local changes and amendments thereto. Ordinance 4334 provides the required updates to adopt the updated Los Angeles County Fire Code.
FISCAL IMPACT:
There is no fiscal impact resulting from this action.
PREVIOUS RELATED ACTION:
The Fire Code was last updated in December 2022 via Ordinance 4326.
ENVIRONMENTAL IMPACT:
This ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change to the environment. Most of the terms of the standards in the proposed Ordinance are dictated by the California Fire Code and county amendments to the state standards only make those modifications necessary for local regional conditions which are at least as protective of the environment as the state codes. Alternatively, even if the ordinance is a project within the meaning of CEQA, its adoption is exempt from CEQA under the general rule that CEQA only applies to projects that may cause significant adverse effects on the environment. Pursuant to CEQA Guideline section 15061(b)(3), as this ordinance is largely administrative in nature, there is no possibility that the City’s action would adversely affect the environment in any manner that could be significant.
DISCUSSION:
The State adopts the California Building Standards Code (CBSC), every three (3) years. The CBSC consists of 12 parts in Title 24 of the California Code of Regulations, which, taken together, establish the building standards for structural, plumbing, electrical, and mechanical systems throughout the state. Local jurisdictions may adopt amendments to the state building standards subject to specified conditions, but such local amendments must be specific to each edition of the CBSC. Local municipalities traditionally adopt the state codes as amended by Los Angeles County to provide the public with efficient and locally applicable regional building standards. Traditionally, the City of Pomona has adopted the CBSC as adopted and amended by Los Angeles County pursuant to Government Code Section 50022.2.
Effective January 31, 2023, the Los Angeles County Board of Supervisors adopted Title 32 (Fire Code) of the Los Angeles County Code, which incorporates the 2022 Edition of the California Fire Code with local modifications. The Board of Supervisors serves as the governing body of the Consolidated Fire Prevention District of Los Angeles County (District) and also adopted Title 32 in that capacity. Pursuant to Section 13869.7 of the California Health and Safety Code, the District may, and does, adopt building standards relating to fire safety that are more stringent than the standards adopted by the State. The District’s ordinance must be ratified by each jurisdiction in which the ordinance will apply, and any modification or denial of the District’s ordinance must include a written statement describing the reasons for the modification or denial. Local modifications to substantive building standards must also be more stringent than the requirements of the State Fire Code and reasonably necessary because of local climatic, geological, or topographical conditions.
Prepared by:
____________________________
Anita D. Gutierrez
ATTACHMENT:
Attachment No. 1 – Ordinance No. 4334
65318.10800\41843240.1
65318.10800\41843240.1
65318.10800\41843240.1
65318.10800\41843240.1
2023 Fire Code Update – Ordinance No. 4334