El Monte Municipal Code Ch. 15.34 Fire Code

A. Title 32 of the 2020 Los Angeles County Fire Code as amended and adopted by the Los Angeles County Board of Supervisors on January 24, 2017 and in effect on March 1, 2017, adopting the 2019 California Fire Code is hereby incorporated herein by reference as if fully set forth below. For purposes of this chapter 15.34, the 2020 Los Angeles County Fire Code, as adopted, may be referred to as the "El Monte Fire Code" or the "Code."

B. In the event of any conflict between the 2019 California Fire Code and the 2020 Los Angeles County Fire Code, the latter shall control.

C. A copy of the 2020 Los Angeles County Fire Code has been deposited in the office of the city of El Monte Building Division and shall be maintained for examination and use by the public.

D. The purpose of the Code is to provide minimum standards to safeguard the life, limb, health, property, and public welfare within the city of El Monte.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

The adopted provisions of the 2020 Los Angeles County Fire Code notwithstanding permit and plan check fees and any other code-related fees or service charges shall be established by separate resolution of the El Monte City Council and may be amended, modified, and/or updated from time to time by resolution.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

The city is authorized to amend various provisions of the code as adopted by reference. The city is also authorized to adopt additional regulations relating to fire protection and fire safety. The amendments or additions to the code as contained in Sections 15.34.040 and 15.34.050 of this chapter, inclusive, are declared to be necessary and appropriate based upon local conditions present in the city.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

A. Except as specifically authorized in this subsection, no person shall possess or have in his or her immediate control, fire, discharge, set off, or use fireworks of any kind within the city. No parent, guardian, or other person having the legal care and custody of any minor child shall allow such child to violate the provisions of the subsection. A violation of any provision of this subsection is a misdemeanor and shall be prosecuted as a misdemeanor in accordance with the provisions of Section 1.24.010 of the El Monte Municipal Code.

B. The city may permit the safe of "safe and sane fireworks" as described in the California Code of Regulations, Title 19, Subchapter 6 Fireworks, Article 8—Labeling, subject to the provisions of subsections C through S, inclusive of this subsection. The provisions of Subsection 3308.2(A) shall not prohibit the possession, use or discharge of safe and sane fireworks in the city on the third day of July between the hours of 10:00 a.m. to 11:00 p.m. and the fourth day of July each year between the hours of 10:00 a.m. and 11:00 p.m. by any person who is at least eighteen (18) years of age or by a minor who is under the direct observation and control of a parent or legal guardian who is at least twenty-one (21) years of age.

C. No person shall sell any fireworks in the city except safe and sane fireworks which are sold in accordance with the terms and conditions of a safe and sane fireworks sale permit as may be issued, subject to the provisions of this subsection. A person may sell safe and sane fireworks within the city on the dates authorized by this subsection, provided that such person has first obtained a permit as provided in Chapter 5.12 of the El Monte Municipal Code, from the city which authorizes the sale of safe and sane fireworks. No person who has obtained a permit to sell safe and sane fireworks from the city shall sell safe and sane fireworks except upon the first, second, third and fourth days of July of each year between the hours of 8:00 a.m. and 10:00 p.m. No person shall sell any fireworks to anyone under eighteen (18) years of age.

D. The sale of safe and sane fireworks shall be governed by this subsection, the provisions of Chapter 8.16 (Fireworks) and applicable provisions of Chapter 5.12 (Business Permits Generally). Each applicant for the issuance of a permit for the sale of safe and sane fireworks shall concurrently upon the submission of an application to the city, have in his/her possession, a current and valid "retailers license" issued by the State Fire Marshal.

E. Within thirty (30) days after a completed application for a permit to sell safe and sane fireworks has been received by the city, the Permit Committee shall take action to approve or deny the issuance of the permit. The Permit Committee may impose reasonable conditions upon the issuance of the permit and the violation of such a condition by the permit holder may be grounds for the immediate suspension of a permit by the Chief or his/her designated representative or any City Code Enforcement Officer. After the issuance of the permit has been approved by the Permit Committee, a separate temporary structure building permit shall also be obtained from the El Monte Building Division for the erection of the safe and sane fireworks stand and for the installation of any electrical equipment required for such fireworks stand. For the purpose of the El Monte Municipal Code including those provisions of the 2020 Los Angeles County Fire Code, every premises or structure from which safe and sane fireworks may be lawfully sold, subject to compliance with the terms of a permit is hereby defined as a "fireworks stand."

F. Every fireworks stand shall be equipped with signs bearing the words "No Smoking" in red lettering at least four (4) inches in height. Such signs shall be visible to every person working in the fireworks stand and every customer while being served.

G. Every fireworks stand shall be equipped with two (2) exits.

H. Every fireworks stand shall be equipped with at least two (2) two-and-one-half-gallon pressurized water extinguishers, or two (2), 2A10BC fire extinguishers and such extinguishers shall be maintained in working condition.

I. By a date no later than July 31st of each year, all unsold stocks of safe and sane fireworks shall be returned to the wholesaler from whom they were purchased or stored in a location approved by the Chief or his/her designated representative.

J. No fireworks stand shall be located within twenty-five (25) feet of any building or side property line or within fifteen (15) feet of a street property line.

K. No automobile or other vehicle shall be parked within twenty-five (25) feet of any fireworks stand except that vehicles may park upon a public street at a distance of less than twenty-five (25) feet from such fireworks stand. Fireworks stands on public or private parking lots shall be provided with barriers to maintain the twenty-five-feet distance.

L. All combustible waste material, ground cover, or other material liable to cause or spread fire shall be removed from the area surrounding the fireworks stand at a distance of twenty-five (25) feet.

M. There shall be at least one supervisor twenty-one (21) years of age or older on duty at each fireworks stand during the time the fireworks stand is open for business. No person under eighteen (18) years of age shall be allowed to be inside of such fireworks stand at any time. No persons employed as a watchman shall remain inside any such fireworks stand during the time the fireworks stand is not open.

N. All paper, packing boxes, and other combustible waste materials shall be removed from every fireworks stand premises at least daily. Each fireworks stand shall be equipped with two (2) fifty-gallon metal trash containers with metal lids.

O. The sides of all fireworks stands shall be constructed of metal or one-quarter-inch gauge hardware cloth.

P. All fireworks on display, unless confined within a carton or package or provided with a taped fuse shall be separated from the public by either a solid glass, or plastic or metal partition.

Q. All persons engaged in the operation of any fireworks stand shall be instructed as to the operation of the fire extinguishers required and provided for the fireworks stand and shall be familiar with all provisions contained herein.

R. No fireworks stand shall be erected more than ten (10) calendar days prior to the time on which fireworks may lawfully be sold pursuant to this subsection. Every fireworks stand shall be removed from the premises within seven (7) calendar days after the time during which fireworks may be lawfully sold pursuant to this subsection. For each day or portion thereof that a fireworks stand is erected, maintained, or left standing contrary to the provisions of this subsection, the sum of ten dollars ($10.00) shall be deducted from the deposit required by Section 8.16.030(B) of the El Monte Municipal Code and shall be retained by the city.

S. The Chief and/or his/her designated representative or any City Code Enforcement Officer shall have the power to suspend the operation of any fireworks stand which is in violation of any state or local ordinance or condition of the permit, or which may in his/her opinion constitute or create a condition contributing to a risk, cause or spread of fire.

T. In the event of any conflict or inconsistency between the provisions of this Subsection 3308.2 and Title 19 California Code of Regulations, Chapter 6 (Fireworks), the provisions of Title 19 California Code of Regulations, Chapter 6 (Fireworks) shall control but only insofar as any of its provisions contain express non-discretionary mandates or express non-discretionary prohibitions that are in conflict with the provisions of this Subsection 3308.2. Otherwise, the provisions of Subsection 3308.2 shall control.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

Any violation of this chapter shall constitute a misdemeanor. The city may prosecute any violation of this chapter as a misdemeanor in accordance with Section 1.24.010 of the El Monte Municipal Code.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

A. Purpose.

1. This Section 15.34.054 authorizes the imposition of administrative fines or any person who violates any provision of this Chapter 15.34 in order to encourage and obtain compliance with the provisions of this Chapter 15.34 for the benefit and protection of the entire community. This section governs the imposition, enforcement, collection and administrative review of all administrative fines related to: the possession, use, storage, sale and/or display of those fireworks classified as "dangerous fireworks" in Health and Safety Code Section 12500 et seq. with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of "safe and sane fireworks" as defined in Health and Safety Code Section 12550 et seq. on or at the dates, times and/or locations other than those permitted by this chapter. Said administrative fines are imposed under the authority of Government Code Section 53069.4, Health and Safety Code Section 12557, and the city's police power.

2. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder; and the issuance of a citation to any person constitutes but one remedy available to the city to redress violations of this Chapter 15.34 by any person. By adopting this Section 15.34.054, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violations of this code by any person, which the city may otherwise pursue.

3. The imposition of fines related to "dangerous fireworks" under this Chapter 15.34 shall be limited to persons who possess, sell, use and/or display, or the seizure of twenty-five (25) pounds or less (gross weight) of such "dangerous fireworks."

4. Fines collected pursuant to this Chapter 15.34 related to "dangerous fireworks" shall not be subject to Health and Safety Code Section 12706, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by the County Treasurer. However, the city shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the transportation and disposal of "dangerous fireworks" seized by the city, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the state of California, the city shall hold in trust two hundred fifty dollars ($250.00) or twenty-five (25) percent of any fine collected, which ever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the "dangerous fireworks."

5. Every person who applies for and receives a "block party permit" in accordance with Chapter 12.07 or other applicable code provision, or similar license or approval required by the city to close a street or otherwise reserve or use a piece of city property shall comply with all conditions imposed upon the issuance of such permit, license or approval, including, but not limited to, taking all reasonable efforts necessary to ensure that "dangerous fireworks" are not used at said event. A violation of this condition of such permit, license or approval shall be subject to a separate administrative fine under the provisions of this Chapter 15.34. Likewise, any person who fails to obtain any "block party permit," license or other such approval from the city, in accordance with Chapter 12.07 or other applicable provision of the code, when such person is so required by the code shall be subject to a separate administrative fine under this Chapter 15.34 as well as an additional administrative fine if "dangerous fireworks" are used at and during said event.

6. Because of the serious threat of fire or injury posed by the use of "dangerous fireworks" that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this Chapter 15.34 imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.

B. Issuance of Administrative Citations—Contents.

1. Except as otherwise provided under this Chapter 15.34, the procedures contesting the issuance of an administrative citation pursuant to this Chapter 15.34 shall be those procedures set forth under Sections 1.18.060 through 1.18.090 of Chapter 1.18 of the El Monte Municipal Code. In the event of any conflict between the provisions of this chapter 15.34 and the provisions of Section 1.18.060 through 1.18.090 of Chapter 1.18, the provisions of this Chapter 15.34 shall govern and control but only to the extent of the conflict and no further.

2. Whenever a Code Enforcement Officer (CEO) determines that a violation of the code has occurred, the CEO may issue an administrative citation on a city-approved form listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this Chapter 15.34.

3. Furthermore, an administrative fine or fines may be imposed on any person for failure to comply with any condition or requirement imposed on any "block party permit," license and/or approval issued under or pursuant to Chapter 12.07 or other applicable El Monte Municipal Code provision.

4. Each administrative citation shall contain the following provisions:

a. The name, mailing address, date of birth, California Drivers License number, and home or business telephone number of the responsible person charged with any violation of this code;

b. The address or description of the location of the violation;

c. The date or dates on which the person violated this code;

d. The section or sections of this code that were violated;

e. A description of the violations(s);

f. The amount of the administrative fine for each violation, the procedure in place to pay the fines, and any late fee and interest charge(s), if not timely paid, and notice that if the city is required to take action to collect such fines, the responsible person may be charged costs and attorneys' fees;

g. Notice of the procedure to request an administrative hearing to contest the citation (including the form to be used, how to obtain the form, and the period within which the request must be made in order for it to considered timely);

h. The names, addresses and telephone numbers of any witnesses to the violations(s);

i. The name and signature of the CEO who issued the citation and the name and signature of the citee, if he or she is physically present and will sign the citation at the time of issuance. The refusal of a citee to sign a citation shall not affect its validity or any related subsequent proceedings, nor shall signing a citation constitute an admission that a person is responsible for a violation of the code;

j. Any other information deemed necessary by the Director for enforcement or collection purposes.

C. Administrative Fines.

1. Each person who violates any provision of this code as it relates to the possession, use, storage, sale and/or display of "dangerous fireworks" shall be subject to the imposition and payment of an administrative fine or fines as provided below:

2. A person who fails to obtain a "block party permit," license or approval, in accordance with Chapter 12.07 or other applicable El Monte Municipal Code provision, when such person is required to do so by the Code shall be subject to the imposition and payment of an administrative fine or fines as provided below:

3. Any person who does obtain a "block party permit," license or approval from the city as required by this code where there was a condition imposed upon the issuance of such "block party permit," license or approval requiring the person to make all reasonable efforts necessary to ensure that "dangerous fireworks" are not used at said event and said person is said to be in violation of the permit by virtue of the fact that there were "dangerous fireworks" used at said event shall be subject to the imposition and payment of an administrative fine or fines as provided below:

4. Each person who uses "safe and sane fireworks" on or at dates times and/or locations other than those permitted in this Chapter 15.34 shall be subject to the imposition and payment of an administrative fine or fines as provided below:

5. In the case of a violation of any of the provisions listed above, the administrative fine(s) shall be due and payable within thirty (30) calendar days from the issuance of the administrative fine citation, and the citee shall be required to abate the violation, and surrender all dangerous fireworks to the CEO, immediately. For penalties not paid in full within that time, a late charge in the amount set forth above is hereby imposed and must be paid to the city by the citee. Fines not paid within the time established by this section shall accrue interest at the prevailing established rate. On the second and each subsequent time that a person is issued a citation for the same violation in any twelve-month period, the fine is increased as indicated above and the citee shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines.

6. All administrative fines and any late charges and interest due shall be paid to the city at such location or address as stated on the citation, or as otherwise be designated by the City Manager or his or her designee. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the code. The issuance of the citation and/or payment of any fine shall not bar the city from employing any other enforcement action or remedy to obtain compliance with the provisions of the code so violated including the issuance of additional citations and/or criminal prosecution pursuant to Chapter 1.24.

7. Upon confirmation of the citation or when the citation is deemed confirmed, all unpaid administrative fines, late fees and/or interest shall constitute a judgment which may be collected in any manner allowed by law for collection of judgments including, but not limited to, recordation to create a lien on any real property owned by the responsible person. The city shall be entitled to recover its attorney's fees and costs incurred in collecting any administrative fines, late charges and/or interest.

8. Payment of the administrative fine shall not excuse or discharge a citee form the duty to immediately abate and correct a violation of the code nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the code.

D. Right to an Administrative Hearing:

1. Any citee may contest the violation(s), or that he or she is a responsible person, by filing a request for an administrative hearing in accordance with the appeal procedures set forth under Sections 1.18.060 through 1.18.090 of Chapter 1.18 of the El Monte Municipal Code.

2. No fees shall be charged for the filing of a request for a hearing.

3. Except as otherwise authorized pursuant to Section 1.18.070 of Chapter 1.18 of the El Monte Municipal Code, a citee shall deposit the full amount of the penalty listed on the citation on or before the request for a hearing is filed. Failure to deposit the full amount of all penalties within the required time period, or the tender of a non-negotiable check, shall render a request for an administrative hearing incomplete and untimely. Penalties that are deposited with the city shall not accrue interest. Penalties deposited shall be returned to the person who deposited them in if the citation is overturned.

4. If the CEO submits an additional written report concerning the citation to the city for consideration at the hearing, the CEO shall also serve a copy of such report by first-class mail on the person requesting an administrative hearing no less than seven (7) calendar days prior to the date of the hearing. Failure to receive said report shall not invalidate the citation or any hearing, city action or proceeding pursuant to this Chapter 15.34.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

"Chief," as used in this chapter, means Chief of the Los Angeles County Fire Department.

"Citation" means an administrative citation issued pursuant to this section to remedy a violation.

"Citee" means any person served with an administrative citation charging him or her as a responsible person for violation.

"Code" means the El Monte Municipal Code.

"Code Enforcement Officers (CEO)," as used in this Chapter 15.34, mean those individuals defined in Section 1.16.030(A) of the El Monte Municipal Code and any city employee or agent of the city with the authority to enforce any provision of this El Monte Municipal Code.

"Director" means the City Manager or his or her designee.

"Hearing Officer" shall have the same meaning as set forth under subsection H of Section 1.18.020 (Definitions) of Chapter 1.18 of the El Monte Municipal Code.

"Issuance" or "issued" means any of the following:

A. The preparation and service of an administrative fine citation to a citee in the same manner as a summons in a civil action in accordance with Article III (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedures; or

B. Mailing of administrative fine citation to the citee by certified mail with return receipt, to the address shown on the official records of the County Assessor; or

C. By personally serving the responsible party by personal delivery of the administrative fine citation or by substituted service. Substituted service may be accomplished as follows:

1. By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing by First Class Mail, postage pre-paid, a copy to the recipient at the address where the copy was left; or

2. In the event the responsible party cannot be served by First Class Mail, postage pre-paid, or cannot be personally served by First Class Mail, postage pre-paid, or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made upon the property manager or rental agency or may be affected by posting the property with the administrative fine citation and mailing a copy by First Class Mail, postage pre-paid, to the responsible party in violation at the address of the property where the violation exists.

"Person" means a natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of this Chapter 15.34 has occurred.

"Responsible person," as used in this Chapter 15.34, means a person who cases a violation of this Chapter 15.34 to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county's latest equalized property taxes assessment rolls, and lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this Chapter 15.34, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of this article may be issued a citation in accordance with the provisions of this Chapter 15.34. Every parent, guardian or other person, having legal care, custody or control of any person under the age of eighteen (18) years, who knows or reasonably should know that a minor is in violation of this Chapter 15.34, may be issued a citation in accordance with the provisions of this Chapter 15.34, in addition to any citation that may be issued to the offending minor.

"Violation" or "violates" means any violation of any provision of this Chapter 15.34.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)