La Puente Municipal Code Ch. 9.04 Fire Code

Sections:

• 9.04.010 Adoption of Fire Code.

• 9.04.015 Definitions.

• 9.04.040 (Deleted by Ord. 932 § 4, 9/23/14)

• 9.04.050 (Deleted by Ord. 932 § 4, 9/23/14)

• 9.04.060 Public display of fireworks—Permit required.

• 9.04.070 Discharge of fireworks—4th of July.

• 9.04.080 Duty of parents.

• 9.04.090 Permit to sell safe and sane fireworks.

• 9.04.100 Violations and penalties.

• 9.04.105 List of infractions.

• 9.04.110 Severability.

Except as hereinafter provided, Title 32 - Fire Code of the Los Angeles County Code, as amended and in effect on January 31, 2023, adopting the California Fire Code, 2022 Edition (Part 9 of Title 24 of the California Code of Regulations) is incorporated herein by reference as if fully set forth below and shall be known and may be cited as the Fire Code of the City of La Puente.

In the event of any conflict between provisions of the California Fire Code, 2022 Edition, Title 32 of the Los Angeles County Code, or any amendment to the fire code, as set forth in the La Puente Municipal Code, the provisions contained in the La Puente Municipal Code shall control.

A copy 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 and shall be at all times maintained by the city clerk for use and examination by the public.

(Ord. 984 § 2, 2024; Ord. 952 § 2, 2018: Ord. 932 § 2, 2014: Ord. 909 § 10, 2011: Ord. 908 § 10, 2010)

Notwithstanding the provisions of Section 9.04.010 of this chapter, whenever any of the following names or terms are used in the building code, each name or terms shall be deemed and construed to have the meaning ascribed to it in this section as follows:

"Building department" means the Building and Safety Division of the City of La Puente.

"Building official" means the building official of the City of La Puente.

"County, "county of Los Angeles" or "unincorporated territory of the county of Los Angeles" means City of La Puente.

"County engineer" means the city engineer, except in such instances when the county engineer is a correct notation due to circumstances.

"Electrical code" means the electrical code of the City of La Puente as contained in Chapter 8.13 of the La Puente Municipal Code.

"Fire code" means the fire code of the City of La Puente as contained in Chapter 9.04 of the La Puente Municipal Code.

"General fund" means the city treasury of the City of La Puente.

"Green building standards code" means the green building standard code of the City of La Puente as contained in Chapter 8.48 of the La Puente Municipal Code.

"Health code" or "Los Angeles County Health Code" means the health code of the City of La Puente as contained in Chapter 4.04 of the La Puente Municipal Code.

"Health officer" means the health officer of the county of Los Angeles acting on behalf of the City of La Puente.

"Jurisdiction" means the City of La Puente.

"Mechanical code" means the mechanical code of the City of La Puente as contained in Chapter 8.17 of the La Puente Municipal Code.

"Plumbing code" means the plumbing code of the City of La Puente as contained in Chapter 8.09 of the La Puente Municipal Code.

"Residential code" means the residential code of the City of La Puente as contained in Chapter 8.44 of the La Puente Municipal Code.

(Ord. 984 § 3, 2024; Ord. 952 § 3, 2018: Ord. 932 § 3, 2014: Ord. 909 § 11, 2011: Ord. 908 § 11, 2010)

Any person, firm, corporation, association or organization may obtain a permit for the public display of fireworks from the city council upon complying with the provisions of the state Fireworks Law (Chapter 1 of Part 2 of the Health and Safety Code of the state of California) as amended from time to time.

(Ord. 785 § 5 (part), 1999: Ord. 23, 1957: Ord. 1 § 3102, 1956)

(a) It is unlawful for any person to use or discharge, any type of fireworks designated as "Safe and Sane," as defined in California Health and Safety Code Section 12529, on any day other than the fourth day of July of each and every year in the city or any other date as may be designated by resolution of the city council of the city.

(b) It is unlawful for any person to sell, offer for sale, use, discharge, possess, store, or transport any type of dangerous fireworks (as defined in California State Health and Safety Code Section 12505) within the city.

(Ord. 847 § 1, 2006: Ord. 839 § 1, 2005: Ord. 817 § 1, 2003: Ord. 785 § 5 (part), 1999: Ord. 23, 1957: Ord. 1 § 3103, 1956)

It is unlawful for any parent, guardian or other person having the legal care and custody of any child under the age of eighteen years in the city, to allow, permit, or suffer such child to light, fire, discharge, explode or set off any dangerous fireworks as defined in California State Health and Safety Code Section 12505, on any day of the year, in the city.

(Ord. 847 § 2, 2006: Ord. 840 § 1, 2005: Ord. 839 § 2, 2005: Ord. 785 § 5 (part), 1999: Ord. 23, 1957: Ord. 1 § 3104, 1956)

The city council may issue a permit pursuant to and upon the requirements as set forth in the Health and Safety Code Sections 12500 et seq., ("State Fireworks Law"), as may be amended from time to time, allowing the sale of safe and sane fireworks in the city, as defined in the State Fireworks Law. Not less than ninety days in advance of the date or dates upon which fireworks are desired to be sold, any eligible applicant as designated by a resolution of the city council desiring to sell safe and sane fireworks in the city shall, submit a written application to the city manager. The contents and requirements of the application and all applicable permit fees shall be established by resolution of the city council. The city manager, or his or her designee, shall make an investigation and submit a report for or against the issuance of the permit together with his or her reasons therefor, to the city council. The city council shall have the power to grant or deny the permit. The retail sale of safe and sane fireworks in the city shall only occur on June 29th, June 30th, July 1st, July 2nd, July 3rd, and July 4th each year.

(Ord. 984 § 4, 2024; Ord. 952 § 4 (part), 2018: Ord. 932 § 4, 2014: Ord. 785 § 5 (part), 1999: Ord. 1 § 3105, added by Ord. 23; February 4, 1957)

Any person, firm or corporation violating any of the provisions of the Fire Code of the City of La Puente shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the fire code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not to exceed one thousand dollars or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. Each day that a violation occurs shall constitute a separate offense.

(Ord. 984 § 5, 2024; Ord. 952 § 5, 2018: Ord. 932 § 5, 2014: Ord. 909 § 13, 2011: Ord. 908 § 13, 2010: Ord. 785 § 5 (part), 1999: Ord. 729 § 5 (part), 1996: Ord. 728U § 5 (part), 1995: Ord. 666U § 1 (part), 1992: Ord. 1 § 3110.5 added by Ord. 89; June 4, 1958)

In accordance with Section 9.04.100, violations, as set forth in Chapter 51 of Title 32 of the Los Angeles County Code shall be deemed infractions.

(Ord. 909 § 14, 2011: Ord. 908 § 14, 2010: Ord. 785 § 5 (part), 1999: Ord. 729 § 5 (part), 1996: Ord. 728U § 5 (part), 1995)

If any section, subsection, sentence, clause, phrase or portion of this chapter, including but not limited to any exemption, is for any reason held to be invalid of unconstitutional by the decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The Council of the city of La Puente hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

(Ord. 1 § 3110.6, added by Ord. 89; June 4, 1958 and amended by Ord. 245; August 11, 1964)