Item 8-B

City Council Meeting 7-13-99

Santa Monica, California

TO: Mayor and City Council

FROM: City Staff

SUBJECT: Recommendation To Adopt An Emergency Ordinance Amending Santa Monica Municipal Code Section 8.40.010 To Also Adopt The Uniform Fire Code As The Fire Code Of The City of Santa Monica For Those Occupancies Not Regulated By The California Fire Code

This report recommends that the City Council adopt an emergency ordinance amending Santa Monica Municipal Code Section 8.40.010 which establishes the Fire Code of the City of Santa Monica.

On June 8, 1999, as part of its adoption of the California Building Standards Code, the City Council adopted the California Fire Code with certain local amendments as the

Fire Code of the City. In adopting the Fire Code, the City used specific language

required by the Executive Director of the California Building Standards Commission. The Building Standards Commission must review and approve local ordinances adopting the Building Standards Code. This language provided, in essence, that the City adopted the California Fire Code, 1998 Edition, which incorporated by reference the Uniform Fire Code, 1997 Edition.

Consistent with the Executive Director's direction and relevant provisions of State law, it was the City's intent that the City's Fire Code apply to all occupancy classifications throughout the City. However, the California State Fire Marshal's Office is of the opinion that the California Fire Code does not regulate all occupancy classifications, but instead, only regulates those classifications within the jurisdiction of the Fire Marshal's Office. Under this interpretation, the California Fire Code, as adopted by the City, does not regulate retail, commercial, industrial, hazardous, or office type uses.

It is essential that the City clarify that the Fire Code of the City applies to all occupancy classifications. After further consultation with both the State Building Standards Commission and the State Fire Marshal's Office, City staff has determined that the most appropriate way to clarify the scope of the City Fire Code and to ensure that the Fire Code applies to all classifications is to amend the provisions of the California Fire Code to include the requirements of the 1997 Edition of the Uniform Fire Code for those occupancies not subject to the California Fire Code, after making the necessary local findings. The proposed ordinance presented to the City Council effectuates this approach.

None

It is recommended that the City Council adopt the emergency ordinance amending Santa Monica Municipal Code Section 8.40.010 which establishes the Fire Code of the City of Santa Monica.

Prepared by:

Jim Hone, Fire Marshal

Steve Locati, Assistant Fire Marshal

Tim McCormick, Building Officer

Barry Rosenbaum, Senior Land Use Attorney

Attachment A: Proposed Ordinance