Temple City Municipal Code Ch. 1 Fire Code

The city of Temple City hereby adopts the consolidated fire protection district of Los Angeles County (district) fire code as the fire code for the city of Temple City. Said district fire code is codified in title 32 of the Los Angeles County code. (Ord. 11-946)

The city hereby adopts the Los Angeles County fire department as the city fire department and the county fire chief as the city fire chief. (1960 Code)

Section 27.101, reading as follows, is hereby added to said ordinance 2947:

Section 27.101. Open Fires.

There shall be excepted from this section:

A. The burning of charcoal, briquettes, natural gas or similar fuel, for the purpose of cooking food products in containers or pits located in yards of improved properties; and

B. The burning of wicks, lanterns or torches for lighting or ornamental effects.

(1960 Code)

All premises where buildings or portions of buildings, other than single-family or duplex dwellings, are hereafter constructed shall be provided as may be required by the chief with approved fire hydrants connected to a water system capable of supplying the fire flow required by the chief. Access to fire hydrants shall be provided and maintained to accommodate firefighting apparatus. (1960 Code)

All provisions of this chapter shall be carried out and enforced in conjunction with the law enforcement agency of the city and by the fire chief. 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 such fire hazards or dangerous conditions shall be the responsibility of the said fire chief. (1960 Code)

The most current adopted definitions set forth in the state fireworks law 1

will define the terms used in sections 3-1-5 through 3-1-19 of this chapter unless otherwise modified herein:

CITY: The city of Temple City.

DANGEROUS FIREWORKS: Any fireworks specified as such in the state fireworks law, Health And Safety Code section 12505, and such other fireworks as may be determined to be dangerous by the state fire marshal. "Dangerous fireworks" shall include any safe and sane fireworks that have been altered in such a manner as to provide said fireworks the qualities of dangerous fireworks as defined herein.

FIREWORKS PERMIT: A permit issued by the city to sell safe and sane fireworks within the city in accordance with the provisions of this chapter.

MINOR: A person under the age of eighteen (18) years. (Ord. 13-968)

A. Except as otherwise provided in this chapter, no person shall manufacture, use, discharge, sell, offer for sale, or display for sale any dangerous fireworks or any altered safe and sane fireworks within the city limits.

B. Except as otherwise provided in this chapter, no person shall possess twenty five (25) pounds or less (gross weight including packaging) of any dangerous fireworks. (Ord. 13-968)

A. Permit Required: It shall be unlawful for any person to sell, offer for sale, or display for sale any safe and sane fireworks within the city limits without having first procured a valid fireworks permit in accordance with the provisions of this chapter.

B. Location Of Sales: It shall be unlawful for any person to sell, offer for sale, or display for sale any safe and sane fireworks within the city limits unless the sale, display for sale, or offer for sale occurs within a designated structure pursuant to section 3-1-18 of this chapter.

C. Hours Of Sale: It shall be unlawful to sell, offer for sale, or display for sale any safe and sane fireworks within the city limits except on July 1 through July 3, between the hours of eight o'clock (8:00) A.M. and ten o'clock (10:00) P.M.; and on July 4 between eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M.

D. Sale To Minors Prohibited: It shall be unlawful for any person to cause, permit, allow, aid, abet, or suffer the sale of any safe and sane fireworks to a minor at any time. (Ord. 13-968)

Except as otherwise provided in this chapter, no person shall use, discharge, sell, offer for sale, or display for sale any safe and sane fireworks within city limits. It shall also be unlawful for any person having care, custody, or control of real property to suffer or permit any person to use, discharge, sell, offer for sale, or display for sale any fireworks thereon unless in accordance with the provisions of this chapter.

A. Hours Of Discharge: Except as otherwise provided in this chapter, it shall be unlawful for any person to use or discharge any safe and sane fireworks except on July 4 during the hours of twelve o'clock (12:00) noon to ten o'clock (10:00) P.M.

B. Location Limitations Of Discharge: Except as otherwise provided in this chapter, it shall be unlawful for any person to ignite, discharge, project or otherwise fire or use any safe and sane fireworks upon or over or onto the property of another without his/her consent or within ten feet (10') of any residence, dwelling or other structure used as a place of habitation by human beings or within any city park. No person shall ignite, discharge, project or otherwise fire or use any safe and sane fireworks within fifty feet (50') of any fireworks stand.

C. Discharge By Minors Prohibited: It shall be unlawful for any minor to use, discharge, explode, fire, or set off any safe and sane fireworks unless under the direct supervision and in the immediate presence of a parent, legal guardian, or other custodial adult eighteen (18) years of age or older and during the times permitted by this chapter.

It shall also be unlawful for any person having the care, custody or control of a minor to permit such minor to use, discharge, explode, fire or set off any dangerous fireworks or any altered safe and sane fireworks, at any time, or to permit such minor to use, discharge, explode, fire or set off any safe and sane fireworks unless such minor does so under the direct supervision and in the immediate presence of a parent, legal guardian, or other custodial adult eighteen (18) years of age or older and during the times permitted by this chapter. (Ord. 13-968)

A. Permit Required: It shall be unlawful to cause, allow, permit, aid, abet, or suffer any discharge of dangerous fireworks (including a public display) or any use of special effects without having first obtained a permit therefor from the fire chief.

B. Rules And Regulations: The fire chief shall have authority to adopt reasonable rules and regulations for the granting of nontransferable permits for those activities contained in section 12640 of the California Health And Safety Code, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, or for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled by a licensed pyrotechnic operator 1

in accordance with a city issued permit, and shall be of such character and so located, discharged or fired as in the opinion of the fire chief or his designee, after proper investigation, will not be hazardous or endanger any person. A permittee shall strictly adhere to any rules, regulations, or conditions pertaining to the granting of a permit.

C. Required Bond/Insurance: The permittee for a fireworks display shall furnish a bond or certificate of insurance in an amount deemed adequate by the city manager (or designee thereof) for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee and/or agents, employees, or subcontractors thereof.

D. Disposal Of Unused Fireworks: The permittee of any fireworks display, having any fireworks that are unfired after the display has concluded, shall immediately dispose of same in a safe manner for the particular type of fireworks remaining and in accordance with all applicable laws. (Ord. 13-968)

The fire chief (or designee thereof) shall seize, take, remove, and dispose of (in an approved manner) or cause to be seized, removed, and disposed of (in an approved manner), at the expense of the owner of same, all fireworks offered or exposed for sale, stored, possessed, or used in violation of this code. The seizure and disposal shall be conducted in accordance with the California Health And Safety Code and other applicable laws. (Ord. 13-968)

Upon receipt of written application for a fireworks permit, the city manager shall make an investigation and submit to the city council a report of his findings and his recommendations for or against the issuance of a permit, together with his reasons therefor. After receipt of such recommendations and report, the city council shall have the power, in its discretion, to grant or deny the application. Any permit granted by the city council may be subject to such reasonable conditions and restrictions as may be imposed by the city council and such conditions and restrictions shall be complied with by the permittee. The city council shall require a cash deposit with the city clerk in the sum of one hundred dollars ($100.00) for each twenty four feet (24') in length or portion thereof, of the fireworks stand to be used by the applicant as a condition of granting a permit. Such deposit shall be refunded to the permittee upon compliance with all code provisions, but such deposit shall be forfeited and retained by the city in the event of noncompliance. (1960 Code)

A. No permit shall be issued to any person except nonprofit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes. Each such organization must have its principal and permanent meeting place in the city and must have been organized and established in the area that is within the city for a minimum of two (2) years continuously preceding the filing of the application for the permit and must have a bona fide membership of at least twenty (20) members.

B. Every stand shall submit to the city by October 30 of each year, a copy of the state board of equalization's state, local and district sales and use tax return from the operation of the fireworks stand for the prior July. Failure to do so shall result in the following:

1. Unable to get a permit for the following year; and

2. The deposit placed with the city shall be held until such time the report is filed but no longer than one year from the due date, at which time the deposit is thereby forfeited to the city.

C. No more than twelve (12) fireworks permits shall be issued in any year. Fireworks permits shall be issued first to those qualified persons who held a fireworks permit during the previous year. If there are any remaining available fireworks permits after those seeking a repeat permit have been considered, the remaining permits shall be distributed by lottery. (1960 Code; amd. Ord. 91-691; Ord. 96-792; Ord. 11-943)

Applications for such permit:

A. Shall be made in writing.

B. Shall be accompanied by a current roster of members.

C. Shall be filed with the city manager between January 1 and March 31 of each year.

D. Shall set forth the proposed location of any and all fireworks stands applied for, and the length thereof.

E. Shall be accompanied by a certificate of insurance in the amount of one million dollars ($1,000,000.00) public liability with an endorsement attached to the policy designating the city of Temple City as additional insured.

F. Shall be accompanied by a nonrefundable permit fee as set and/or modified by resolution of the city council.

G. Applicants for any such permits shall be notified by the city manager of the granting or rejection of their application for permit on or before May 1 of each calendar year.

H. Upon approval of permit, applicant shall be issued a separate temporary business license. The fee shall be waived by the city council. (1960 Code; amd. Ord. 92-715; Ord. 96-792)

Each such application shall show the following:

A. Name and address of applicant.

B. The applicant's status as a nonprofit organization.

C. The name and address of the officers, if any, of the applicant.

D. The location where the applicant will sell fireworks.

E. When the applicant was organized and established.

F. The location of the applicant's principal and permanent meeting place.

G. The applicant's state board of equalization sales tax permit number. (1960 Code)

The following regulations shall be complied with in the operation of fireworks stands:

A. No person other than the licensee organization, its members and members of their families, shall operate the stand for which the license is issued, or share or otherwise participate in the profits of such stand. No assignment or licensing or other use of the permit may be permitted.

B. No person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand.

C. No person shall be paid consideration for selling or otherwise participating in the sale of fireworks at such stand.

D. Each person, group or organization shall be limited to one permit per year and each permit shall be limited to one stand. (1960 Code)

All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand and the sale from any other building or structure is hereby prohibited. Such temporary stands shall be subject to the following provisions:

A. Fireworks stands need not comply with the provisions of the building code of the city provided, however, that all stands shall be erected under the supervision of the inspector who shall require that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons, and any stands constructed shall obtain an electrical permit from the city.

B. If, in the judgment of the fire department and the building inspector of the city, the construction of the stands or the conduct of the operators therein do not conform to the provisions of this code, such officers, or either of them, may order the stands immediately to close.

C. No person shall be allowed in the interior of the stand except those directly employed in the sale of fireworks.

D. There shall be at least one supervisor, twenty one (21) years of age or older, on duty at all times. No person under eighteen (18) years of age shall be allowed inside the booth at any time.

E. No fireworks shall remain unattended at any time regardless of whether the fireworks stand is open for business or not. No person shall sleep in the stand.

F. No stand shall be placed closer than twenty five feet (25') to any other building.

G. "NO SMOKING" signs shall be prominently displayed both inside and outside the stand. No smoking shall be permitted within the stand, or within fifteen feet (15') of the stand.

H. All weeds and combustible material shall be cleared from the location of the stand. No rubbish shall be allowed to accumulate in or around any fireworks stand, nor shall a fire nuisance be permitted to exist.

I. No stand shall be erected before June 15 of any year. The premises on which the stand is erected shall be cleared of all structures and debris within seventy two (72) hours after twelve o'clock (12:00) midnight of July 4.

J. All stands must be equipped with at least one fire extinguisher, type 2A, for each exit in the stand, which fire extinguishers must be approved as to efficiency and safety by the fire department.

K. Each stand in excess of twenty feet (20') in length must have at least two (2) exits and each stand in excess of forty feet (40') in length must have at least three (3) exits spaced approximately equidistant apart, provided however, that in no case shall the distance between exits exceed twenty feet (20').

L. No stand shall be constructed with a depth of more than twelve feet (12').

M. "No Drinking Of Alcoholic Beverages" signs shall be prominently displayed both inside and outside the stand. No drinking of alcoholic beverages shall be permitted within the stand, or within fifteen feet (15') of the stand; nor shall any person handling or selling fireworks be under the influence of alcohol or any other controlled substances; nor shall any alcoholic beverages or controlled substances be contained within the stand. (Ord. 85-563)

A. Any person who causes, permits, aids, abets, or suffers a violation of any provision of this chapter (with the exception of a violation of subsection 3-1-6B of this chapter), or who fails to comply with any obligation or requirement of this chapter, or who fails to strictly adhere to any condition of a permit issued pursuant to this chapter, is guilty of a misdemeanor offense punishable in accordance with section 1-2-0 of this code.

B. Any person who causes, permits, aids, abets, or suffers a violation of any provision of this chapter (including a violation of subsection 3-1-6B of this chapter), or who fails to comply with any obligation or requirement of this chapter, or who fails to strictly adhere to any condition of a permit issued pursuant to this chapter, is subject to an administrative fine in accordance with title 1, chapter 4 of this code. (Ord. 13-968)