HomeMy WebLinkAbout2006-02-14; City Council; 18446; California Fire Code Section 78 Amendmentsoz13Oo
CITY OF CARLSBAD - AGENDA BILL
AB# 18.446
MTG. 2/14/06
DEPT. FIR
TITLE: Introduction of an Ordinance to add Section
17.04.090, Amendments to Section 78 of California Fire
Code, Fireworks and Pyrotechnic Special Effects
materials.
DEPT. HD.
CITY ATTY
CITY MGR
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. NS-790
hearing for the ADDITION of Municipal Code Section 17.04.090.
following the public
ITEM EXPLANATION:
014-1o
New text amending Article 78 of the 2001 California Fire Code is proposed to clarify the
regulation of "Fireworks and Pyrotechnic Displays" in Carlsbad. Only persons possessing a
valid permit issued by the Carlsbad Fire Department will be allowed to possess, use or
discharge fireworks or pyrotechnic materials. Such permit will ONLY be issued to persons
licensed as Pyrotechnic Operators by the State of California. This synchronizes fireworks
regulations with the surrounding jurisdictions such as the County of San Diego and Orange
County.
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ENVIRONMENTAL: The Planning Director has determined that these activities are
categorically exempt from CEQA review pursuant to Section 15061 (3) of the CEQA
Guidelines, as the prohibition of fireworks would not have a negative affect on the
environment.
FISCAL IMPACT:
No fiscal impact anticipated. No new fees are proposed and there is no additional financial
impact to the community. No additional staff time will be expended outside of normal
customer services.
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City Council Ordinance No. NS-790
DEPARTMENT CONTACT:
kvaud@ci.carlsbad.ca.us
Karyn Vaudreuil, Fire Marshal 760-602-4661
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ORDINANCE NO. NS-790
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ADDING SECTION 17.04.090 OF THE
CARLSBAD MUNICIPAL CODE.
WHEREAS, the City of Carlsbad has incorporated the 2001 edition of the
California Fire Code by reference;
WHEREAS, the City of Carlsbad Fire Department is charged with enforcing
fireworks and pyrotechnic special effects regulations.
WHEREAS, the Carlsbad Fire Department will only issue display permits to
persons licensed by the State of California as Pyrotechnic Operators for the use, handling
and discharge of fireworks and other pyrotechnic special effect materials.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION 1: That Section 17.04.090 of the Carlsbad Municipal Code is
added and Article 78 is hereby amended.
17.04.090 Section 7801.2.1 - amended - Fireworks General.
Fireworks is any combustible or explosive composition, or any substance or
combination of substances, or device prepared for the purpose of producing a
visible or an audible effect by combustion, explosion, deflagration or detonation,
and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns
in which explosives are used, firecrackers, torpedoes, sky or model rockets,
Roman candles, Daygo bombs, sparklers, snap caps, poppers or other devices
of like construction and any devices containing any explosive or flammable
compound, or any tablet or other device containing any explosive substance.
The term fireworks shall not include any auto flares, paper caps containing not in
excess of an average of twenty-five hundredths of a grain of explosive content
per cap and toy pistols, toy canes, toy guns or other devices for use of such caps,
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the sale and use of which shall be permitted at all times. Fireworks shall include
snap caps and poppers, regardless of the amount of explosive content included
in each device.
Section 7801.3.1.4. - amended- Displays, is hereby amended by adding
Section 7801.3.1.4.1 Firing, as follows:
Section 7801.3.1.4.1 - Firing. All fireworks displays shall be electronically fired.
Section 7802.2 - amended - Seizure of Fireworks. The Chief shall have the
authority to seize, take, or cause to be removed at the expense of the owner of all
stocks of fireworks offered or exposed for sale, stored or held in violation of this
ordinance, or remove any fireworks stored, sold, offered for sale, used or handled
in violation of Article 78.
Section 7802.3 - amended - Prohibition/Penalty. The storage, use, sale
possession, and handling of fireworks, is prohibited unless a valid permit has
been issued by the Carlsbad Fire Department. Any person violating any of the
provisions or failing to comply with any of the requirements of this chapter shall
be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a
fine not to exceed One Thousand Dollars ($1000.) or by imprisonment in the
County jail for a period of not more than one year or by both such fine and
imprisonment.
Section 7802.3-A - deleted - Table 7802.3A is hereby deleted without
substitution.
Section 7802.4.1 - amended General. Fireworks displays shall be conducted in
accordance Section 7802.4 and with the regulations of the State Fire Marshal
(Title 19 CCR 982), and only with a valid permit issued by the Carlsbad Fire
Department to a California State Licensed Pyrotechnician. The conditions of the
permit shall be adhered to. Applications for permits shall be made in writing to
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the Carlsbad Fire Prevention Division at least thirty (30) calendar days in advance
of the date of the display. No permit granted hereunder shall be transferable.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause it to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
on the 14th day of February , 2006, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the day of , 2006, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
February 03rd, 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
Proof of Publication of
NOTICE IS HEREBY GIVEN that the City Council ofthe Cit of Carlsbad will hol athe City of Carlsbad will hold a public hearing at theCity Council Chambers, 1200 Carlsbad villageDrive. Carlsbad, California, at 6:00 p.m., on Tues-day, February 14, 2006, to consider the adoption ofan Ordinance adding Section 17.04.090 to theCarlsbad Municipal Code and amending Article 78of the California Fire Code to clarify the regulation offireworks and pyrotechnic displays in the City ofCarlsbad.
Copies of the Code and copies of the Ordinance areon Tile in the City Clerk's Office, 1200 Carlsbad Vil-lage Drive, Carlsbad, California, and are open topublic inspection. If you have any questions regard-ing the proposed Ordinance, please contact KarynVaudreil, Fire Marshal, at ^760) 602-4661, orkvaud@ci.carlsbad.ca.us.
If you challenge the adoption of the Ordinance add-ing Section 17.04.090 to the Municipal Code andamending Article 78 of the Fire Code in court, youmay be limited to raising only those issues you orsomeone else raised at the public hearing describedin this notice or in written correspondence deliveredto the City of Carlsbad, Attn: City Clerk's Office,1200 Carlsbad Village Drive, Carlsbad. CA at, or pri-or to, the public hearing described in this notice.
APPLICANT: City of CarlsbadNCT 1898970 • February 3,2006
>rdThis 03ra Day of February, 2006
Signature
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
NOTICE OF PUBLIC HEARING
ADDITION OF SECTION 17.04.090 TO THE
CARLSBAD MUNICPAL CODE AND
AMENDMENT OF ARTICLE 78 OF THE
CALIFORNIA FIRE CODE
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold
a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive,
Carlsbad, California, at 6:00 p.m., on Tuesday, February 14, 2006, to consider the
adoption of an Ordinance adding Section 17.04.090 to the Carlsbad Municipal Code
and amending Article 78 of the California Fire Code to clarify the regulation of
fireworks and pyrotechnic displays in the City of Carlsbad.
Copies of the Code and copies of the Ordinance are on file in the City Clerk's Office,
1200 Carlsbad Village Drive, Carlsbad, California, and are open to public inspection.
If you have any questions regarding the proposed Ordinance, please contact Karyn
Vaudreil, Fire Marshal, at (760) 602-4661, or kvaud@ci.carlsbad.ca.us.
If you challenge the adoption of the Ordinance adding Section 17.04.090 to the
Municipal Code and amending Article 78 of the Fire Code in court, you may be
limited to raising only those issues you or someone else raised at the public hearing
described in this notice or in written correspondence delivered to the City of Carlsbad,
Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA at, or prior to,
the public hearing described in this notice.
APPLICANT: City of Carlsbad
PUBLISH: February 3, 2006
Marcia Long - Fwd: City Council Public Hearing Notices: File Has Changed Page 1
From: Clerk Internet Mailbox
To: Long, Marcia
Date: 02/03/2006 5:12:28 PM
Subject: Fwd: City Council Public Hearing Notices: File Has Changed
>» City of Carlsbad <Carlsbad@ci.carlsbad.ca.us> 02/03/06 5:00 PM >»
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<tr><td align="left" valign="baseline" width="10"><img
src="/images/bulletgld1.gif width="10" height="8" border="0" alt=""></td><td align="left" valign="top"
width="215"><a href="/chall/cclpdf/notice.pdf target="_blank"><b>2-14-06 Municipal and Fire Code
changes</b></a></td></tr>
»» End of differences.