Carson Municipal Code Ch. 1 Fire Prevention

Except as hereinafter provided, Title 32, Fire Code, of the Los Angeles County Code, as amended adopting the California Fire Code, 2022 Edition (Part 9 of Title 24 of the California Code of Regulations), is hereby adopted by reference, and shall be known and may be cited as the Fire Code of the City of Carson.

In the event of any conflict between a provision of the California Fire Code, 2022 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Carson Municipal Code, the provision contained in the latter listed document shall control.

Copies of Title 32 of the Los Angeles County Code and the California Fire Code, 2022 Edition, have been deposited in the office of the City Clerk of the City of Carson and shall be at all times maintained by the City Clerk for use and examination by the public.

(Ord. 24-2402 § 2(1) (Exh. A, § 1))

Notwithstanding the provisions of CMC § 3100, the Fire Code is amended by deleting Article 89.

(Ord. 03-1277 § 1; Ord. 17-1613 § 2; Ord. 03-1277U § 1; Ord. 99-1165 § 1; Ord. 99-1165U § 1; Ord. 95-1081U § 2; Ord. 86-761 § 1; Ord. 92-986U § 3)

(Ord. 17-1613 § 2; Ord. 03-1277 § 1; Ord. 03-1277U § 1; Ord. 95-1081U § 3; Ord. 70-122 § 1; Ord. 92-986U § 3)

(a) It shall be unlawful for any person to sell, discharge or use safe and sane fireworks within the City of Carson at any time.

(b) It shall be unlawful for any person to sell, discharge, use or possess illegal fireworks within the City of Carson at any time, except for such discharge, use or possession as may be permitted in connection with a public display pursuant to CMC § 3101.9.

(Ord. 25-2507 § 2; Ord. 18-1810 § 2; Ord. 18-1809U § 2; Ord. 17-1613 § 2; Ord. 06-1345 § 1; Ord. 07-1372 § 2; Ord. 03-1277 § 1; Ord. 03-1277U § 1; Ord. 99-1167U § 2; Ord. 99-1165 § 1; Ord. 95-1081U § 3; Ord. 99-1165U § 1; Ord. 92-986U § 3; Ord. 91-936 § 1; Ord. 70-122 § 1; Ord. 69-86 § 3101; Ord. 21 § 1)

The following definitions shall apply to the provisions of CMC § 3101, including all subsections thereunder:

(a)

"Fire Chief"

shall mean the Chief of the Los Angeles County Fire Department or his/her duly authorized designee.

(b)

"Fire Marshal permit"

shall mean a permit issued by the California State Fire Marshal for the public display of fireworks in accordance with the State Fireworks Law.

(c)

"Fireworks"

shall mean and include all of the items listed in California Health and Safety Code Section 12511 or any successor provision thereto.

(d)

"Illegal fireworks"

shall mean any fireworks other than safe and sane fireworks. Illegal fireworks include but are not limited to sky rockets, bottle rockets, Roman candles, mortars, M-80, M-100, firecrackers, cherry bombs, palomitas and "helicopters."

(e)

"Permit"

shall mean the nontransferable permission granted by the City for the purpose of establishing and maintaining a place where fireworks are manufactured, constructed, produced, packaged, stored, sold, exchanged, discharged or used.

(f)

"Public display of fireworks"

shall have the meaning given in California Health and Safety Code Section 12524 or any successor provision thereto.

(g)

"Pyrotechnic operator"

shall have the meaning given in California Health and Safety Code Section 12527 or any successor provision thereto.

(h)

"Safe and sane fireworks"

shall have the meaning given in California Health and Safety Code Section 12529 or any successor provision thereto.

(i)

"State Fireworks Law"

shall refer to California Health and Safety Code Section 12500 et seq. and Title 19 of the California Code of Regulations, at Division 1, Chapter 6.

(j)

"Venue operator"

shall mean any person owning, leasing, renting, managing, operating, or otherwise having legal control of the use of any real property, building, lot, site or other venue in the City of Carson from which a public display of fireworks is proposed.

(Ord. 17-1613 § 2; Ord. 09-1437 § 1; Ord. 04-1307 § 3; Ord. 06-1345 § 2)

Any resident of premises on which illegal fireworks are found or from which fireworks are illegally discharged or sold shall be subject to the same civil liability or criminal penalty that may be imposed by the City's fireworks regulations on the person selling, discharging or possessing the fireworks, as applicable, if the person selling, discharging or using the fireworks is on the premises by the resident's invitation or consent.

(Ord. 07-1372 § 3; Ord. 17-1613 § 2)

Repealed by Ord. 25-2507.

(Ord. 17-1613 § 2; Ord. 95-1081U § 3; Ord. 92-986U § 3; Ord. 70-122 § 1; Ord. 21 § 1)

Repealed by Ord. 25-2507.

(Ord. 17-1613 § 2; Ord. 95-1081U § 3; Ord. 98-1129 § 1; Ord. 94-1036 § 1; Ord. 92-986U § 3; Ord. 70-122 § 1; Ord. 69-86 § 6; Ord. 21 § 1)

Repealed by Ord. 25-2507.

(Ord. 10-1444 § 1; Ord. 17-1613 § 2; Ord. 99-1167U §§ 4, 6; Ord. 98-1129 §§ 2 – 4; Ord. 95-1081U § 3; Ord. 92-986U § 3; Ord. 88-828 § 1; Ord. 70-122 § 1; Ord. 21 § 1)

Repealed by Ord. 25-2507.

(Ord. 10-1444 § 3; Ord. 17-1613 § 2; Ord. 95-1081U § 3; Ord. 99-1167U §§ 8, 10, 12; Ord. 92-986U § 3; Ord. 91-936 § 2; Ord. 88-828 § 2; Ord. 70-122 § 1; Ord. 21 § 1)

Repealed by Ord. 25-2507.

(Ord. 24-2411 § 2; Ord. 17-1613 § 2; Ord. 10-1444 § 3; Ord. 99-1167U §§ 14, 16, 18, 20, 21; Ord. 06-1345 § 3; Ord. 98-1145 §§ 2, 3; Ord. 98-1129 § 5; Ord. 95-1081U § 3; Ord. 96-1087U; Ord. 92-986U § 3; Ord. 91-936 § 3; Ord. 88-828 § 3; Ord. 71-156 § 1; Ord. 70-122 § 1; Ord. 70-130 § 1)

Repealed by Ord. 25-2507.

(Ord. 17-1613 § 2; Ord. 13-1512 § 1; Ord. 09-1437 § 1; Ord. 10-1444 § 3; Ord. 01-1225 § 1; Ord. 99-1167U §§ 23, 25, 27; Ord. 98-1142U § 1; Ord. 97-1114U § 1; Ord. 95-1074 § 1; Ord. 95-1059U § 1; Ord. 95-1081U § 3; Ord. 94-1038U; Ord. 93-1005U § 1; Ord. 92-986U § 3; Ord. 92-980U §§ 1, 2; Ord. 91-938U § 1; Ord. 91-936 § 4; Ord. 88-844U § 1; Ord. 90-909U § 1; Ord. 84-689U §§ 1, 2; Ord. 83-658U §§ 1, 2; Ord. 82-608U; Ord. 82-600U § 1; Ord. 70-122 § 1; Ord. 69-86 § 2; Ord. 21 § 1)

Repealed by Ord. 25-2507.

(Ord. 17-1613 § 2; Ord. 04-1307 § 4; Ord. 95-1081U § 3; Ord. 70-122 § 1; Ord. 92-986U § 3)

It shall be unlawful to store any fireworks in any residence, home, garage, or automobile within the City of Carson. It shall also be unlawful to store any fireworks in any building or other place within the City of Carson without having first applied for and received a business license pursuant to CMC § 6310 and a permit therefor pursuant to the provisions of this Section from the City Council. An application for such a permit shall be filed with the City Council along with payment of a nonrefundable application fee established by City Council resolution no later than the last City business day in May. The City Council shall cause an investigation to be made of the place where it is proposed to store such fireworks. Notwithstanding the foregoing, storage of fireworks in connection with a public display of fireworks by a pyrotechnic operator shall be governed by permit issued under CMC § 3101.9.

(a) Prior to initiating the storage of fireworks at the permitted location, the permittee shall procure general liability and property damage insurance covering its operation in and about said premises in a minimum aggregate amount of $1,000,000; in addition, the City of Carson, its officers and employees shall be named as an additional insured on such insurance. The permittee shall file a certificate of such insurance with the City Revenue Division within seven (7) days after Council approval of such storage operation.

(b) No fireworks shall be stored within one hundred (100) feet of any gasoline service station or any garage located within twenty-five (25) feet of any other structure. Any facility for the storage of fireworks shall maintain a minimum setback from the street curbing of ten (10) feet.

(c) There shall be maintained at each location where fireworks are stored at least two (2) fire extinguishers approved by the Los Angeles County Fire Department; provided, however, that if more than one (1) room at any location is used for fireworks storage, there shall be at least one (1) approved fire extinguisher per room.

(d) No person shall light, or cause, or permit to be lighted, any fireworks, or any other article or material, within any structure approved for fireworks storage, or within fifty (50) feet thereof.

(e) No smoking shall be allowed in any structure used for the storage of fireworks nor within fifty (50) feet of said structure. "No Smoking" signs shall be prominently displayed.

(f) No minor, under the age of eighteen (18), shall be in the fireworks storage structure.

(g) No alcoholic beverages shall be allowed on the premises. No person who is under the influence of alcoholic beverages shall enter or be allowed in the building or structure used for fireworks storage.

(h) The permittee shall provide an adult night watchman to act and serve during all hours other than normal business hours. Under no circumstances shall the night watchman sleep within the building in which the fireworks are stored.

(i) All permits must be posted in a conspicuous place at the storage site.

(j) The permittee shall strictly comply with all the provisions of the State Fireworks Law.

(Ord. 17-1613 § 2; Ord. 25-2507 § 10; Ord. 04-1307 § 5; Ord. 95-1081U § 3; Ord. 92-986U § 3; Ord. 70-122 § 1; Ord. 69-86 § 4; Ord. 69-94 § 1)

No person shall engage in the public display of fireworks within the City of Carson without having first applied for and received a business license pursuant to CMC § 6310 and permit pursuant to the provisions of this Section. Upon application by a pyrotechnic operator or venue owner for one (1) or more public display events (to an annual maximum of six (6) public display events per venue), an authorized representative of the City's Revenue Division shall grant a permit provided all of the following criteria are met:

(a) Such display(s) shall not take place on Monday through Thursday, unless the day falls on July 4th. Any request for public displays at any other times shall be subject to the approval of the City Council within its discretion.

(b) The public display of fireworks shall be performed by a pyrotechnic operator holding a current and valid Fire Marshal permit for the public display of fireworks under Health and Safety Code Section 12575, 12576 or 12577.

(c) The applicant shall file a written application on a form provided by the City for such permit accompanied by a nonrefundable application fee established by City Council resolution for each event.

(d) The application shall be filed with the City Revenue Division at least two (2) weeks prior to the public display of fireworks event.

(e) The application shall be accompanied by an insurance certificate for general liability and property damage insurance in an aggregate amount of not less than $1,000,000, and proof that workers' compensation insurance is carried for all employees in compliance with Labor Code Section 3700. Such policy shall be issued by a corporate insurance company authorized to conduct business in the State of California, and shall name the City, its officers and employees as additional insureds.

(f) The application shall set forth the name, principal place of business and telephone number of the applicant, the names and addresses of its principal partners, owners or officers, the name, residence address, and capacity of the person signing the application and the name and address of the venue operator.

(g) The application shall set forth the dates and hours of operation, including the schedule for setup and testing, along with the name and contact information for the State Fire Marshal assigned to oversee the public display of fireworks event. The application shall certify that the public display of fireworks shall not occur after 11:00 p.m. on any approved date.

(h) The application shall be accompanied by copies of the pyrotechnic operator's permit issued by the State Fire Marshal or Fire Chief, as applicable, to conduct the proposed public display of fireworks at the proposed venue in the City.

(i) The application shall be accompanied by a diagram of the grounds on which the display is to be held approved by the State Fire Marshal or Fire Chief, as applicable, showing the point at which the fireworks are to be discharged, the location 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 lines, or other overhead obstruction.

(j) The application shall describe the proposed storage location for fireworks on the site and provide an emergency response plan describing the resources available to the applicant and methods for using such resources to respond to any emergency created by the proposed use of fireworks.

(k) No pyrotechnic display shall be conducted within five hundred (500) feet of any residence, unless the applicant for the permit has first sent or had delivered written notification to all of the owners or tenants of any residence within a five hundred (500) foot radius of the discharge site.

(l) Any duly approved permit shall be displayed at all times on the premises of the venue operator.

(m) The applicant shall certify to the truth of all matters in the application. The City may refuse to issue or revoke any permit for the public display of fireworks at any time upon discovery of any misrepresentation or false statement in the application or failure by the applicant to meet the requirements of this Section.

(Ord. 17-1613 § 2; Ord. 04-1307 § 6; Ord. 95-1081U § 3; Ord. 92-986U § 3; Ord. 69-86 § 1; Ord. 70-122 § 1; Ord. 21-2114 § 2)

(a) Any person violating any provision of CMC § 3101 to § 3101.9, inclusive, or knowingly or intentionally misrepresenting to any officer or employee of the City any material fact in procuring any permit herein provided for, shall be guilty of a misdemeanor.

(b) In addition thereto, any such misrepresentation or violation shall constitute grounds for revocation of the permit by the City Council, on twenty-four (24) hours' notice to the permittee, or if any such violation is committed in the presence of the Sheriff, or any deputy, or Fire Chief, or any other City officer, the City Manager shall be empowered, upon receiving a written and signed report thereof from any such officer, to close any such permitted operation forthwith.

(c) Any person violating the provisions of CMC § 3101.0 to § 3101.9 shall be subject to a penalty of $1,000 for a first-time violation, and thereafter $1,000 for each additional violation of such provisions, except as otherwise provided in a resolution adopted by the City Council pursuant to CMC § 1203.3(d). Any person found to have violated the provisions of CMC § 3101.8 or § 3101.9, or any combination of the same, more than two (2) times in a single year shall be prohibited from applying for any permit under CMC § 3101.8 or § 3101.9 for a period of one (1) year.

(d) If any provision(s) of this Chapter or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this Chapter are declared to be severable. The City Council hereby declares that they would have adopted this Chapter and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

(Ord. 25-2507 § 11; Ord. 17-1613 § 2; Ord. 21-2114 § 2; Ord. 06-1345 § 4; Ord. 04-1307 § 7; Ord. 95-1081U § 3; Ord. 92-986U § 3; Ord. 69-86 § 3; Ord. 70-122 § 1)

(a) Every person violating any provision of the Fire Code, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor and shall be punishable as provided in CMC § 1200(a), unless such violation is otherwise declared to be an infraction by CMC § 3104. Each such violation is a separate offense for each and every day during any portion of which such violation is committed.

(b) Every violation determined to be an infraction hereunder is punishable in such manner and to such extent as is provided by CMC § 1200(b).

(c) For the purposes of this Section a forfeiture of bail shall be equivalent to a conviction.

(Ord. 17-1613 § 2; Ord. 03-1277 § 2; Ord. 03-1277U § 2; Ord. 99-1165U § 2; Ord. 99-1165 § 2; Ord. 95-1081U § 4; Ord. 92-986U; Ord. 86-761 § 1; Ord. 91-944 § 1)

Any person who personally or through another willfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the Chief, or willfully or negligently allows the continuation of a violation of the Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expenses in the same manner as in the case of an obligation under a contract, expressed or implied.

(Ord. 03-1277 § 2; Ord. 17-1613 § 2; Ord. 03-1277U § 2; Ord. 99-1165 § 2; Ord. 99-1165U § 2; Ord. 95-1081U § 4; Ord. 86-761 § 1; Ord. 92-986U § 4)

In accordance with CMC § 3102, the violation of the following sections or subsections of the Fire Code shall be infractions:

(Ord. 17-1613 § 2; Ord. 03-1277U § 2; Ord. 03-1277 § 2; Ord. 99-1165 § 2; Ord. 99-1165U § 2; Ord. 95-1081U § 5; Ord. 92-986U § 2; Ord. 86-761 § 1; Ord. 91-944 § 1)

Repealed by Ord. 92-986U.

(Ord. 91-944 § 1)

The City Manager is empowered to make such regulations and interpretive rules as are not inconsistent with this Chapter as may be necessary or desirable to aid in the enforcement of the provisions of this Chapter.

(Ord. 17-1613 § 2)