ITEM 6-B

City Council Meeting 4-28-92             Santa Monica, California

                          STAFF REPORT

TO:         Mayor and City Council

FROM:       City Attorney

SUBJECT:    Ordinance Amending the Supplemental Fire
            Protection Provisions to Eliminate Exemption
            for Certain HUD-Insured High Rise Buildings

      At  its  meeting  on  April  14,  1992,  the  City  Council
introduced   for   first   reading   an  ordinance  amending  the
supplemental fire protection provisions to  eliminate  exemptions
for  certain  HUD-insured  high rise buildings.  The ordinance is
now presented to the City Council for adoption.

                         RECOMMENDATION

      It  is  respectfully  recommended  that  the   accompanying
ordinance be adopted.

PREPARED BY:  Robert M. Myers, City Attorney


                      ORDINANCE NUMBER ____

                      (City Council Series)

             AN ORDINANCE OF THE CITY COUNCIL OF THE
         CITY OF SANTA MONICA AMENDING THE SUPPLEMENTAL
             FIRE PROTECTION PROVISIONS TO ELIMINATE
      EXEMPTION FOR CERTAIN HUD-INSURED HIGH RISE BUILDINGS

      THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:

      SECTION 1.  Division 7.00 of Section 206(a) of the  Uniform
Administrative  Code  adopted by Ordinance Number 1177 (CCS), and
amended by Ordinance Numbers 1217 (CCS), 1279 (CCS), 1334  (CCS),
1340  (CCS),  and 1401 (CCS) is hereby further amended to read as
follows:

                  Division  7.00.   Requirements  for
           Existing Residential Structures.

                  7.01.   On  or  before  January  1,
           1982,  every dwelling unit and every guest
           room  in  a  hotel,  apartment  house,  or
           lodging  house  used for sleeping purposes
           shall be  provided  with  smoke  detectors
           located  as required by Section 1210(a) of
           the Uniform Building Code,  1982  Edition.
           The Fire Chief shall make available to the
           public an informational brochure on  those
           smoke detectors approved by the Fire Chief
           and the proper manner of installation.

                  7.02.   On  or  before  January  1,
           1983,  every building or structure used as
           a hotel, apartment house, or lodging house
           with  floors  more  than 30 feet above the
           lowest level of  Fire  Department  vehicle
           access shall be provided with:

                        (a)   The   fire   protection
           system    required   for   non-residential
           buildings contained in  3.05  of  Division
           3.00  of  Section  206(a)  of  the Uniform
           Administrative Code, 1982 Edition.

                        (b)  Emergency and evacuation
           procedures  approved  by  the  Fire  Chief
           posted in each sleeping room.

                  7.03  On or before  June  1,  1983,
           every  building  or  structure  used  as a
           hotel, apartment house, or  lodging  house
           with  floors  more  than 55 feet above the
           lowest level of  Fire  Department  vehicle
           access  shall  meet  the  requirements for
           non-residential  buildings  contained   in
           3.06(b) of Division 3.00 of Section 206(a)
           of the Uniform Administrative  Code,  1982
           Edition.   On  or  before  June  30, 1986,
           every building  or  structure  used  as  a
           hotel,  apartment  house, or lodging house
           with floors more than 55  feet  above  the
           lowest  level  of  Fire Department vehicle
           access shall  meet  the  requirements  for
           non-residential   buildings  contained  in
           3.06(a) of Division 3.00 of Section 206(a)
           of  the  Uniform Administrative Code, 1982
           Edition.

                  7.04.  The provisions of  7.02  and
           7.03  shall  not apply to any property for
           which the mortgage is insured or  held  by
           the  United  States  Department of Housing
           and Urban Development until such  time  as
           the    City    Council   determines   such
           provisions are applicable after  exploring
           and  seeking  all  available  federal  and
           state   assistance    to    finance    the
           requirements  of  these  provisions.   The
           exception contained in this paragraph 7.04
           will  expire  on  July  1,  1992,  and any
           property previously  exempt  shall  be  in
           full  compliance  with  the  provisions of
           7.02 and 7.03 no later than July 1, 1992.

                  7.05.      Notwithstanding      the
           provisions  of  7.03,  the  time period to
           install  the   required   automatic   fire
           sprinkler   system   for  any  residential
           building  which   contains   asbestos   in
           ceiling  materials or other areas impacted
           by fire sprinkler  installation  shall  be
           extended  to  July  1,  1987.   This  time
           period  may   be   further   extended   by
           resolution of the City Council.

      SECTION 2.  Any provision of  the  Santa  Monica  Municipal
Code  or  appendices  thereto inconsistent with the provisions of
this Ordinance, to the extent  of  such  inconsistencies  and  no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.

      SECTION 3.  If any section, subsection,  sentence,  clause,
or  phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of  any  competent
jurisdiction,  such decision shall not affect the validity of the
remaining portions of this Ordinance.  The  City  Council  hereby
declares  that  it would have passed this Ordinance, and each and
every  section,  subsection,  sentence,  clause,  or  phrase  not
declared  invalid  or  unconstitutional without regard to whether
any portion of  the  Ordinance  would  be  subsequently  declared
invalid or unconstitutional.

      SECTION 4.  The Mayor shall sign and the City  Clerk  shall
attest  to  the  passage of this Ordinance.  The City Clerk shall
cause the same to be published once  in  the  official  newspaper
within  15  days after its adoption.  This Ordinance shall become
effective after 30 days from its adoption.

APPROVED AS TO FORM:

__________________________________
ROBERT M. MYERS
City Attorney