Downey Municipal Code Ch. 11 Temporary Fire/Life Safety Services for Commercial Activities

For the purposes of this chapter, the following words and phrases shall be defined as hereinafter set forth.

"Motion picture," "television," and "still photographs"

as used in this chapter, means and includes all activity attendant to staging or shooting commercial motion pictures, television shows or programs and commercials or conducting commercial photographic activity.

"News media"

as used in this chapter, means the filming or videotaping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or camera operations.

(Added by Ord. 1162, adopted 05-25-04)

No person shall provide temporary fire/life safety services for commercial activities within the City of Downey without first applying for and receiving a permit from the Fire Chief or his or her designee, provided that the provisions of this chapter shall not apply to or be construed to affect reporters, photographers or cameramen in the employ of a newspaper, news services, or similar entity engaged in on-the-spot broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest. The provisions of this chapter shall not apply to photographic businesses that operate on an on-going basis as a photography studio.

(Added by Ord. 1162, adopted 05-25-04)

(a) An application for the provision of fire/life safety service under this chapter must be completed and filed at least five working days prior to the first day of services proposed.

(b) Each such application must include:

(1) The name of the owner, the address and telephone number of the service provider;

(2) The specific location and address of the activity;

(3) The inclusive hours and dates such activity will transpire;

(4) A general statement of the character or nature of the proposed service;

(5) The name, address and telephone number of the person or persons in charge of such activities;

(6) A description of the use of any equipment or apparatus involved in the services;

(7) Such additional information as the Fire Chief or his or her designee may reasonably require;

(c) Each application for the temporary provision of fire/life safety services must be reviewed by the Fire Department and may require the approval of the Police Department, Finance Department, and other departments as necessary. Each department shall indicate any conditions, requirements, or fees for which the applicant shall be responsible. The review by each department shall be conducted in accordance with the provisions of this chapter.

(Added by Ord. 1162, adopted 05-25-04)

Fees for a permit shall be established by resolution of the City Council.

(Added by Ord. 1162, adopted 05-25-04)

(a) The Fire Chief or his or her designee is authorized and directed to establish rules and regulations related to the issuance of temporary fire/life safety services permits, based on the following criteria:

(1) The health and safety of all persons;

(2) Avoidance of undue disruptions of all persons within the affected area;

(3) The safety of property within the City; and

(4) Traffic congestion at particular locations within the City.

(Added by Ord. 1162, adopted 05-25-04)

As part of the temporary services permit, the permittee will maintain a City Business License and a Commercial Services Agreement that includes all terms and conditions governing the operations of the permittee. Such agreement will be prepared by the Fire Chief, or his or her designee, in accordance with the provisions of this chapter.

(Added by Ord. 1162, adopted 05-25-04)

Notwithstanding any other provisions of this chapter, any permittee supplying temporary services shall reimburse the City for all costs incurred by the City, the amount of which shall be determined by the Fire Chief or his or her designee, for any City personnel or equipment provided to assist or provide security or other services to the applicant for activities conducted under the permit.

(Added by Ord. 1162, adopted 05-25-04)

Any applicant granted a permit pursuant to this chapter shall comply with all of the following conditions:

(a) An applicant will be required to submit a permit request at least five working days prior to the date on which such person desires to conduct an activity for which a permit is required. If such activity interferes with traffic or involves potential public safety hazards, an application shall be required at least 10 working days in advance.

(b) The permittee shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleared of trash and debris upon completion of services at the scene and restored to the original condition before leaving the site.

(c) An applicant is required to obtain the property owner's permission, consent, and/or lease for use of property not owned or controlled by the City.

(d) For services that would impair or impact traffic flow, an applicant must use City law enforcement personnel and comply with all traffic control requirements deemed necessary by the Traffic Engineering Division of the Public Works Department. Street or lane closures require submission and approval of a detailed traffic control plan at least five working days prior to said closure. Traffic control requirements will be included in the Commercial Services Agreement.

(e) Prior to providing services on City property or roadways, the permittee shall obtain the approval of the Fire Chief or his or her designee.

(f) Prior to providing services in a residential area, the applicant must obtain permission by a signed written statement from the adult occupant of at least 70% of the affected residences. The Fire Chief or his or her designee shall determine the addresses of the affected residences.

(g) Prior to using any pyrotechnics, gunfire, sound effects, explosions, or other special effects, the permittee must fully describe the proposed use, which must be approved by the Fire Chief or his or her designee.

(h) Services conducted out of doors are restricted to the hours between 7:00 a.m. and 9:00 p.m. unless prior permission is granted by the Fire Chief or his or her designee. Services conducted indoors are permitted during all hours provided there are no associated outdoor activities, and all other provisions of this Code are complied with.

(i) Appropriate professional licenses, certifications or other documentation of service delivery competencies for all persons engaged in temporary fire/life safety services.

(j) Current certification of any service delivery apparatus or support equipment.

(k) An explanation of communication methods to support the temporary fire/life safety services.

(Added by Ord. 1162, adopted 05-25-04)

(a) A permittee shall conform to all applicable Federal and State requirements for Workers' Compensation Insurance for all persons operating under a permit.

(b) Faithful Performance Deposit. To ensure cleanup and restoration of the site, an applicant shall be required to post a refundable cash deposit in the amount to be determined by the Fire Chief or his or her designee at the time the application is submitted. Upon completion of filming and inspection of the site by the City, the cash deposit shall be returned to the applicant.

(c) Liability Insurance Coverage. The permittee must provide the City with liability insurance coverage in a form and amount established by the Fire Chief or his or her designee.

(Added by Ord. 1162, adopted 05-25-04)

The proceedings set forth in Section 6404 of this Code shall apply to any applicant or permittee aggrieved by an adverse decision under this chapter.

(Added by Ord. 1162, adopted 05-25-04)