2009-69 Adopting by Reference Fire Code ORDINANCE NO. 2009-69
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE, CALIFORNIA, ADOPTING BY REFERENCE CERTAIN
PORTIONS OF RIVERSIDE COUNTY ORDINANCE NO. 787 (AS
AMENDED THROUGH 787.4), WHICH ADOPTS AND AMENDS
THE 2007 EDITION OF THE CALIFORNIA FIRE CODE AND
CERTAIN APPENDICES THEREIN, AMENDING TITLE 8.20 OF
THE MENIFEE MUNICIPAL CODE AND SETTING FORTH
FINDINGS BASED ON LOCAL CLIMATIC, GEOLOGICAL,
AND/OR TOPOGRAPHICAL CONDITIONS THAT NECESSITATE
MODIFICATIONS, AMENDMENTS, ADDITIONS, DELETIONS,
AND EXCEPTIONS TO THE 2007 CALIFORNIA FIRE CODE AS
ADOPTED BY THE CITY.
The City Council of the City of Menifee does ordain as follows:
Section 1. Findings: The City Council of the City of Menifee finds as follows:
a) Health and Safety Code Section 17958 provides that the City Council shall
adopt ordinances and regulations imposing those building standards as
are contained in the California Building Standards Code; and
b) The State is mandated by the Health and Safety Code to publish the 2007
California Fire Code, as part of the California Building Standards Code,
incorporating building standards and other regulations contained in the
2006 International Fire Code; and
c) Health and Safety Code Sections 17958.5 and 18941.5 permit the City
Council to make changes or modifications to building standards contained
in the 2007 California Fire Code based on findings that such changes or
modifications are reasonably necessary because of local climatic,
geological, or topographical conditions.
d) The City Council has determined that local climatic, geological, and
topographical conditions exist in the City that makes changes and
modifications to the 2007 California Fire Code reasonably necessary and
that those conditions and amended or added sections are as follows:
Climatic Conditions:
Generally, The City of Menifee has an and climate. Annual rainfall varies
from ten (10)to twenty three (23) inches within the San Gorgonio Pass
area of Riverside County and the City of Menifee. Hot, dry Santa Ana
winds are common to areas within the City of Menifee, These winds
constitute a contributing factor which causes small fires originating in rural
and urban development to spread quickly and create the need for an
increased level of fire protection. This added protection, including, but not
limited to, on-site fire protection, will supplement normal Fire Department
response available for life and safety of residents and workers during fire
Ordinance No. 2009-69 -
Fire Code adoption
occurrence.
Sections amended or added, and supported by the above findings: CFC
sections 404, 501.2, 503.1, 503.2.1.1, 503.2.7, 503.3, 504.1, 503.3, 504.1,
505.4, 508.1, 508.2.1, 508.3, 508.4, 509.1, 509.2, 511.01, 511.02,
511.03.2, 512, 606.8, 609.2, 901.3.1, 901.6, 902, 903.2, 903.2.10.1,
903.4.3, 905.3, 907.2.2.1, 907.2.19, 907.9.1, 907.10.1.2, 908.3, 908.3.1,
908.3.2, 908.3.3, 909.2, 921.2, 912.2.1, 912.4, 914.5, 2201.0, 2301.3,
2306.4.1.1, 2505.8, 3308, 3308.1, 3308.2, 3308.3, 3308.4, 3308.5,
3308.6, 3308.8, 3308.9, 3502.1, 3503.1.7, 3503.1.7.1, 3801.2.1, 3801.2.3,
3803.2.3.7, Appendix B Section B-104.2,Appendix B Section B-105,
Appendix B Section 105.2, Appendix B Add Section 508.5.7, Appendix C
Table C105.1 Footnote C,
e) Geological and Topographical Conditions:
Open space and canyon areas in the City of Menifee are covered with
chaparral, costal sage scrub, deciduous woodlands, and grasslands. The
chaparral and costal sage plant communities are highly combustible due
to the volatile oils contained in the plants tissue. Topography extends from
flat to 25% slope for habitable land. Traffic and circulation congestion in
urban areas to extreme travel distances in rural and wildland areas, often
place Fire Department response time to emergencies at risk. This
condition makes the need for enhanced on-site fire protection for property
occupants necessary.
There are two major earthquake faults which bisect Riverside County, the
San Andreas and the San Jacinto. In addition, there are numerous minor
faults. The City of Menifee is subject to earthquakes, landslides, wind
erosion, blown sand, flooding, and wildfires. Placement of multiple
occupancy buildings, residential developments, location of arterial roads,
and Fire Department staffing constraints due to revenue limiting actions
and state legislation, have made it difficult for the Fire Department to
locate additional fire stations and provide commercial, and industrial
buildings, making enhanced, built-in fire protection necessary.
Sections amended or added, and supported by the above findings: CFC
sections 404, 501.2, 503.1, 503.2.1.1, 503.2.7, 503.3, 504.1, 503.3, 504.1,
505.4, 508.1, 508.2.1, 508.3, 508.4, 509.1, 509.2, 511.01, 511.02,
511,03.2, 512, 606.8, 609.2, 901.3.1, 901.6, 902, 903.2, 903.2.10.1,
903.4.3, 905.3, 907.2.2.1, 907.2.19, 907.9.1, 907.10.1.2, 908.3, 908.3.1,
908.3.2, 908.3.3, 909.2, 921.2, 912.2.1, 912.4, 914.5, 2201.0, 2301.3,
2306.4.1.1, 2505.8, 3308, 3308.1, 3308.2, 3308.3, 3308.4, 3308.5,
3308.6, 3308.8, 3308.9, 3502.1, 3503.1.7, 3503.1.7.1, 3801.2.1, 3801.2.3,
3803.2.3.7, Appendix B Section B-104.2,Appendix B Section B-105,
Appendix B Section 105.2, Appendix B Add Section 508.5.7, Appendix C
Table C105.1 Footnote C,
(f) California Government Code Section 50022,et seq., authorizes the adoption
by reference of codes including, but not limited to, the Fire Code of the
County of Riverside, as adopted in its Ordinance No. 787 (as amended
Ordinance No. 2009-69
Fire Code adoption
through Ordinance No.787.4),which adopts and amends the 2007 California
Fire Code.
(g) At least one copy of Ordinance No.787(as amended through Ordinance No.
787.4)and the 2007 California Fire Code have been filed in the office of the
City Clerk of the City of Menifee in accordance with the provisions of
California Government Code Section 50022.6.
(h) A duly noticed public hearing, as required by California Government Code
Section 50022.3, has been conducted and concluded priorto the adoption of
this Ordinance.
(i) All legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Menifee ordains as follows:
Section 2. Chapter 6.20 Is added to the Menifee Municipal Code is hereby adopted to read as
follows:
Chapter 8.20
THE CALIFORNIA FIRE CODE
Sections:
8.20.010 Adoption of Riverside County Ordinance No. 787 (As Amended Through
787.4),Adopting and Amending the 2007 Edition of the California Fire Code
and Certain Appendices Therein.
8.20.020 Regulation of Building Construction.
8.20.030 Penalties.
8.20.040 Liability for Fires.
8.20.010 Adoption of Riverside County Ordinance No. 787 (As Amended Through 787.4),
Adopting and Amending the 2007 Edition of the California Fire Code and Certain
Appendices Therein.
a) That portion of Riverside County Ordinance No. 787 (as amended through 787.4),
adopting and amending the 2007 Edition of the California Fire Code and Appendices A, B, C, E, F,
G and H, thereof, but excluding the 2007 California Building Code and service and permit fees, is
hereby adopted as the Fire Code of the City of Menifee. Fees for fire-related services shall those
fees in effect prior to the effective date of this Chapter,or otherwise as adopted by resolution of the
City Council. A certified copy of Riverside County Ordinance No. 787(as amended through 787.4),
and the 2007 Edition of the California Fire Code, as adopted herein by reference, are on file in the
office of the City Clerk and are open for public inspection at that location.
b) This Chapter, and the terms used in the Riverside County ordinances and codes
adopted by reference herein shall be interpreted, where necessary,permitted or required to fulfill the
purpose and intent, and/or to obtain clarity as to the enforcement, of the Fire Code of the City, as
follows:
Ordinance No. 2009-69 -
Fire Code adoption
'Chief shall mean the designated City Fire Chief.
'Clerk of the Board' or'Clerk of the Board of Supervisors' shall mean the City Clerk.
'Board of Supervisors' or'Board' shall mean the Menifee City Council.
All otherterms and phrases of the ordinances and codes adopted by reference in this Chapter shall
be interpreted in the manner which achieves each of their intended purposes, to the maximum
benefit of the City of Menifee.
8.20.020 Regulation of Building Construction.
Any and all of the regulations, provisions, and building standards set forth in the Menifee Fire Code,
as adopted in Section 8.20.010, together with the provisions of the Menifee Building Code, as
adopted in Chapter 8.01, and otherwise as provided in the Menifee Municipal Code, shall govern
and regulate the erection,construction,enlargement,alteration,repair, moving,removal,demolition,
conversion, occupancy, equipment, use, height, area and/or maintenance, of all buildings or
structures within the City.
8.20.030 Penalties.
a) No person shall violate, or fail to comply with, any requirements of this Chapter, the
Codes or Ordinances adopted hereby, and the terms and conditions applicable to
any license or permit granted hereunder. Unless a different penalty is prescribed,
each such violation, or any failure to perform an act made mandatory by this Chapter
or the Codes hereby adopted, and every violation of the terms or conditions
applicable to any license or permit granted hereunder, is punishable as provided in
Title 1 of the Menifee Municipal Code, including but not limited to enforcement by
administrative citation as provided in Chapter 1.03 thereof.
b) The violation of any of the provisions of any Codes and/or Ordinances adopted in
this Chapter, or of any license or permit granted thereunder, shall constitute a
nuisance and may be abated by the City through civil process by means of
restraining order, preliminary or permanent injunction or in any other manner
provided by law for the abatement of such nuisances.
8.20.040 Liability for Fires.
Any person who, or through another, willfully, negligently, or in violation of law sets a fire, allows a
fire to be set, or allows a fire kindled or attended by such person to escape from his or her control,
allows any hazardous material to be handled, stored or transported in a manner in violation of any
local, State or federal law, regulation, or statute or standard, allows any hazardous material to
escape from his or her control, neglects to properly comply with any written notice of the Fire
Department,or willfully or negligently allows the continuation of a violation of the Menifee Fire Code,
is liable for the expense of fighting the fire or for the expense incurred during a hazardous materials
incident, and such expense shall be a charge against that person. Such charge shall constitute a
debt of such person and is collectible by the public agency incurring such expense in the same
manner as in the case of an obligation under a contract, expressed or implied.
Section 3. Publication
The City Clerk is hereby directed to certify to the adoption of this Ordinance and to cause this
Ordinance to be published as required by law.
City of Menifee Ordinance No. 2009-69
Adoption of California Fire Code
Section 4. Effective Date.
This Ordinance shall take effect 30 days from the date of its adoption.
PASSED, APPROVED AND ADOPTED this day of a j
20 W. 1
PallaceW. Edg rton
Mayor
ATTEST:
Kathy Bennett, City Clerk
Approved as to Form:
��Wj--(LK- �]'
Elizabeth Martyn, City Attorney
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