The text
CHAPTER 16.04 - FIRE CODE*#
Footnotes:
--- (1) --- * For statutory provisions which, by implication, allow the promulgation of fire prevention regulations, see Gov. Code § 38660. For statutory provisions pertaining to fires and fire prevention in general, see Health and Saf. Code § 13000 et seq. As to fire protection in cities, see Gov. Code § 38600 et seq.
Editor's note— Ord. No. 803, § 3, December 13, 2022, repealed the former Ch. 16.04, §§ 16.04.010—16.04.030, and enacted a new Ch. 16.04 as set out herein. The former Ch. 16.04 pertained to similar subject matter and derived from Prior Code § 3100; Ord. 84, § 2, 1964; Ord. 146, § 1(part), 1969; Ord. 263 § 1(part), 1979; Ord. 308, § 1, 1982; Ord. 388, § 1(part), 1986; Ord. 549 § 6, 2000; Ord. No. § 9, 2-5-2008; Ord. No. 633, § 2, 3-1-2011; Ord. No. 661, § 5, 4-15-2014; Ord. No. 688, § 3, 5-16-2017.
16.04.010 - Los Angeles County Code, Title 32, Fire Code adopted.#
Title 32, the 2023 Los Angeles County Fire Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Fire Code, is hereby adopted by reference pursuant to the provisions of California Government Code §§ 50022.1—50022.10 as though fully set forth herein, and made a part of the City of Commerce Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions, and terms contained therein.
All references made to county or Los Angeles County may mean City of Commerce or Los Angeles County depending on the context.
Not less than one copy of said Title 32 of the Los Angeles County Fire Code together with any and all amendments thereto proposed by City of Commerce, has been and is now filed in the Department of Economic Development and Planning, shall remain on file with the building official, shall collectively be known as the City of Commerce Fire Code and may be cited as Chapter 16.04 of the City of Commerce Municipal Code.
(Ord. No. 803, § 3(Exh. A), 12-13-2022)
16.04.020 - Enforcement.#
All provisions of this Chapter shall be carried out and enforced in conjunction with the law enforcement agency of the city, by the county fire department, and the consolidated fire protection district. 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 fire hazards or dangerous conditions shall be the responsibility of the county fire department and the consolidated fire protection district.
(Ord. No. 803, § 3(Exh. A), 12-13-2022)
16.04.030 - Effect of adoption.#
The adoption of the county fire code and the repeal, addition, or amendment of ordinances by this code shall not affect the following matters: (1)
Actions and proceedings which began the effective date of this code.
(2)
Prosecution for ordinance violations committed before the effective date of this code.
(3)
Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties.
(4)
Bonds and cash deposits required to be posted, filed, or deposited pursuant to any ordinance.
(5)
Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code.
(Ord. No. 803, § 3(Exh. A), 12-13-2022)
16.04.040 - Penalty; violations.#
(a)
General Penalty; Continuing Violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent Sections of this code and any person causing or permitting a violation of any such Section of said code shall be subject to the penalties ascribed to each such Section as set forth herein. Where silent as to whether a violation is a misdemeanor or infraction, said violation shall be a misdemeanor, and at the city attorney's discretion, may prosecute such violation as either a misdemeanor or infraction in his/her discretion.
(b)
Violations Including Aiding, Abetting, and Concealing. Every person who causes, aids, abets, or conceals the fact of a violation of this code is guilty of violating this code.
(c)
Enforcement by Civil Action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city.
(Ord. No. 803, § 3(Exh. A), 12-13-2022)
CHAPTER 16.05 - FIREWORKS#
16.05.010 - Prohibited conduct.#
This section shall govern the use, discharge of, firing or possession of fireworks and it shall be unlawful for any person to sell, offer for sale, have in his possession, fire, set off, discharge or use, or cause or permit to be sold, offered for sale, have in his possession, fire set off, discharge, or use any fireworks unless classified as "safe and sane" by the state fire marshal and unless in addition all terms and provisions of the state fireworks law contained in Part 2 of Division 11 of the Health and Safety Code of the State of California are complied with. Nothing herein contained shall prohibit the public display of fireworks as authorized by Section 16.05.020 of this chapter subject to the terms and provisions of the state fireworks law. For the purpose of this chapter, "dangerous fireworks" shall mean all fireworks other than safe and sane fireworks, and include, but are not limited to, those fireworks defined in Section 12505 and 12561 of the California Health and Safety Code. (1)
It shall be unlawful for any person to fire, set off, discharge or use, or cause or permit to fire, set off, discharge or use any fireworks except for "safe and sane" fireworks during the period between eight a.m. and ten p.m. from the June twenty-eighth through the July fifth, and between eight a.m. and eleven p.m. on July fourth.
(2)
It shall be unlawful for any person to have in his or her possession any fireworks except "safe and sane" fireworks from twelve p.m. noon June twenty-eighth through twelve a.m. midnight on July fifth. The provisions of this subsection are not applicable to public agencies or manufacturers or supplies of fireworks for public display or storage.
(3)
Any resident, occupant, or person in control of premises on which dangerous fireworks are found or from which fireworks are illegally discharged shall be subject to the same civil liability or criminal penalty that may be imposed pursuant to city regulations on the person selling, discharging, using or possessing such fireworks, as applicable, provided that the person selling, discharging, using, or possessing such fireworks is on such premises by invitation of or with consent of such resident, occupant or person in control of such premises.
(4)
It is unlawful for any person to sell, offer for sale, or display for purposes of sale any dangerous fireworks within the city.
(Ord. No. 816, § 4(Exh. B), 6-11-2024; Ord. No. 817, § 2(Exh. B), 6-25-2024)
16.05.020 - Public display of fireworks.#
Notwithstanding the provisions of Section 16.05.010, public display of fireworks, as defined in the state fireworks law, may be conducted subject to all of the terms and provisions therein contained and only if a permit therefor has been granted by the fire chief and the city council. Such public displays, in addition, shall be subject to all rules and regulations contained in the fire prevention code.
(Ord. No. 816, § 4(Exh. B), 6-11-2024; Ord. No. 817, § 2(Exh. B), 6-25-2024)
16.05.030 - Penalty.#
Violation of this chapter shall constitute a misdemeanor, and may be prosecuted criminally or administratively pursuant to the provisions of this code. If the violation is prosecuted criminally, the maximum penalty shall be a fine not to exceed one thousand dollars, imprisonment not to exceed six months, or both. If the violation is prosecuted administratively, the penalties for a violation of this chapter shall be as follows: (1)
The first violation of this chapter shall be subject to a fine of one thousand dollars.
(2)
The second violation of this chapter within a twelve-month period shall be subject to a fine of two thousand dollars.
(3)
The third and subsequent violations of this chapter within a twelve-month period shall be subject to a fine of five thousand dollars.
Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained, or permitted by such person, and shall be punishable accordingly.
Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
The penalties set forth herein are cumulative and in addition to all other remedies, violations, and penalties set forth in this chapter, this code, or in any other ordinance, laws, rules or regulations of the city, county, or the state.
(Ord. No. 816, § 4(Exh. B), 6-11-2024; Ord. No. 817, § 2(Exh. B), 6-25-2024)