Commerce Municipal Code Ch. 16.04 Fire Code

Footnotes:

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* For statutory provisions which, by implication, allow the promulgation of fire prevention regulations, see Gov. Code § 38660. For statutory provisions pertaining to fires and fire prevention in general, see Health and Saf. Code § 13000 et seq. As to fire protection in cities, see Gov. Code § 38600 et seq.

Editor's note— Ord. No. 803, § 3, December 13, 2022, repealed the former Ch. 16.04, §§ 16.04.010—16.04.030, and enacted a new Ch. 16.04 as set out herein. The former Ch. 16.04 pertained to similar subject matter and derived from Prior Code § 3100; Ord. 84, § 2, 1964; Ord. 146, § 1(part), 1969; Ord. 263 § 1(part), 1979; Ord. 308, § 1, 1982; Ord. 388, § 1(part), 1986; Ord. 549 § 6, 2000; Ord. No. § 9, 2-5-2008; Ord. No. 633, § 2, 3-1-2011; Ord. No. 661, § 5, 4-15-2014; Ord. No. 688, § 3, 5-16-2017.

Title 32, the 2023 Los Angeles County Fire Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Fire Code, is hereby adopted by reference pursuant to the provisions of California Government Code §§ 50022.1—50022.10 as though fully set forth herein, and made a part of the City of Commerce Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions, and terms contained therein.

All references made to county or Los Angeles County may mean City of Commerce or Los Angeles County depending on the context.

Not less than one copy of said Title 32 of the Los Angeles County Fire Code together with any and all amendments thereto proposed by City of Commerce, has been and is now filed in the Department of Economic Development and Planning, shall remain on file with the building official, shall collectively be known as the City of Commerce Fire Code and may be cited as Chapter 16.04 of the City of Commerce Municipal Code.

(Ord. No. 803, § 3(Exh. A), 12-13-2022)

All provisions of this Chapter shall be carried out and enforced in conjunction with the law enforcement agency of the city, by the county fire department, and the consolidated fire protection district. The general supervision of conditions and equipment which aid in control of fire, conditions constituting fire hazards or danger to life or property, and the abatement or minimizing of fire hazards or dangerous conditions shall be the responsibility of the county fire department and the consolidated fire protection district.

(Ord. No. 803, § 3(Exh. A), 12-13-2022)

The adoption of the county fire code and the repeal, addition, or amendment of ordinances by this code shall not affect the following matters:

(1) Actions and proceedings which began the effective date of this code.

(2) Prosecution for ordinance violations committed before the effective date of this code.

(3) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties.

(4) Bonds and cash deposits required to be posted, filed, or deposited pursuant to any ordinance.

(5) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code.

(Ord. No. 803, § 3(Exh. A), 12-13-2022)

(a) General Penalty; Continuing Violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent Sections of this code and any person causing or permitting a violation of any such Section of said code shall be subject to the penalties ascribed to each such Section as set forth herein. Where silent as to whether a violation is a misdemeanor or infraction, said violation shall be a misdemeanor, and at the city attorney's discretion, may prosecute such violation as either a misdemeanor or infraction in his/her discretion.

(b) Violations Including Aiding, Abetting, and Concealing. Every person who causes, aids, abets, or conceals the fact of a violation of this code is guilty of violating this code.

(c) Enforcement by Civil Action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city.

(Ord. No. 803, § 3(Exh. A), 12-13-2022)