HomeMy WebLinkAboutMC-708
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Me-70S
ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16 OF
THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE UNIFORM FIRE
CODE (1988 EDITION) TOGETHER WITH APPENDICES "I-A, I-B,I-C,II-
A,II-B,II-D,II-E,III-A,III-B,III-C,III-D,IV-A,VI-A,VI-B,VI-C,VI-D
INCLUSIVE. AND THE UNIFORM FIRE CODE STANDARD (1988 EDITION).
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15.16 of the San Bernardino Municlpal
Code is amended to read:
"15.16.010 Citation.
The ordinance codified in this chapter and the code and
standards adopted by reference in Section 15.16.020 shall be
known as the 'Uniform Fire Code".
15.16.020 Codes adopted.
The 198B Edition of the "Unlform Fire Code" together with
Append ices I -A, I -B , I -C , I I -A, I I -B, I I -D , I I -E , I I I -A, I I 1,- 8, I I I -C ,
III-D,IV-A,V-A,VI-A,VI-B,VI-C,VI-D inclusive, and the 198B
Edition of the Uniform Fire Code Standards as compiled and
promulgated by the International Conference of Building Officials
and the Western Fire Chiefs' Association, and as modified by this
chapter, are adopted by this reference as a code of the City of
San Bernardino. The provisions of the Uniform Fire Code and
Uniform Fire Code Standards shall apply to all areas withln the
Jurisdictlon of the City of San Bernardlno. Three copies of the
1988 Edition of the Uniform Fire Code, lncluding Appendices, and
three coples of the Uniform Fire Code Standards are on file in
the office of the Clty Clerk.
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15.16.030 Definitions.
A. Whenever "jurisdiction" is used in the Uniform Fire
Code, it shall mean the city of San Bernardino.
B. Whenever "chief" is used in the Uniform Fire Code it
shall mean the Chief of the Fire Department of the City of San
Bernardino, hereinafter called "Fire Chief".
C. Whenever "corporation counsel" is used In the Uniform
Fire Code, it shall also mean the City Attorney of the City of
San Bernardino.
D. Whenever "Chief of the Bureau of Fire Prevention" is
used In the Uniform Fire Code, it shall also mean "Fire Marshal"
or "Fire Prevention Engineer:.
15.16.040 Amendments.
The following sectlons and provisions of the Uniform Fire
Code (1988 Edition) are amended or added to read as set forth in
Sections 15.16.045 through 15.16.250.
15.16.045 Failure to comply.
Failure to comply with any order or notice issued by the Chief or
his representative pursuant to Article 3 of the the Uniform Fire
Code shall be a misdeanor, which upon conviction thereof is
punishable in accordance with the provisions of Sec. 1.12.010 of
trls code.
15.16.050 Responsibility for enforcement.
Section 2.101 of the Uniform Fire Code is amended to read as
follows:
Section 2.101:
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a. The Fire Chief shall be responsible for the
administration and enforcement of this code. Under his
direction, the Fire Department shall enforce all ordinances,
resolutions and regulations of the City of San Bernardino and
the laws of the State pertaining to:
1. The prevention of fires.
2. The suppression or extinguishing of dangerous or
hazardous fires.
3. The storage, use and handling of explosive,
flammable, combustible, toxic, corrosive and other hazardous
gaseous, solid and liquid materials.
4. The installation and maintenance of automatic,
manual and other private fire alarm systems and fire-
xtinguishing equipment.
5. The maintenance and regulation of fire escapes.
6. The maintenance of fire protection and the
elimination of fire hazards on land and in buildings, structures,
and other property, including those under construction.
7. The means and adequacy of each exit in the event of
fire, from factories, schools, hotels, lodging houses, asylums,
hospitals, churches, halls, theaters, amphitheaters, an all
ther places in which people work, live or congregate from time
to time for any purpose.
B. The investigation of the cause, origin and
ircumstances of fire.
b. It is the duty of, and the following persons are hereby
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authorized to enforce the provisions of this code and make
arrests and issue citations as authorized by law:
1. Fi~e chief, Deputy Chief, Fi~e Ma~shal, Battalion
Chiefs, Fi~e Investigato~s and Fi~e Inspecto~s.
2. Such othe~ office~s o~ employees of the City of San
Be~na~dino as may be ~ecommended by the Fi~e Chief and app~oved
by the Mayo~ and Common Council.
15.16.060 POLICE POWERS
Section 2.105 of the Unifo~m Fi~e Code is amended to ~ead
as follows:
Section 2.105: The Fi~e Chief and each membe~ of the Fi~e
Depa~tment whose p~incipal duties a~e fi~e fighting and fi~e
p~evention se~vice shall have the powe~s of a "peace office~" as
defined in Section 830.1 of the Penal Code in enfo~cing this
code and othe~ laws and ~egulations ~elating to fi~e p~evention.
16.16.070 Liability fo~ damages.
Section 2.108:
a. This code shall not be const~ued to hold the public
entity o~ any office~ o~ employee ~esponsible fo~ any damage to
pe~sons o~ p~ope~ty by ~eason of the inspection o~ ~einspection
autho~ized he~ein p~ovided o~ by ~eason of the app~oval o~
dlsapproval of any equipment or process authorized herein, or for
any action in connection with the cont~ol o~ extinguishment of
any fi~e o~ in connection with any othe~ official duties.
b. Fire suppression and rescue or emergency medical costs
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are recoverable in accordance with California Health and Safety
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Code Section 13009(a).
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C.
Any person who negligently, or in violation of law,
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causes an emergency response, is liable for the costs of securing
5 such emergency. This shall include but not be limited to
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situations such as traffic accidents, or spills of toxic or
flammable fluid or chemicals. Expenses incurred by the Fire
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Department for securing such an emergency situation shall
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constitute a debt of such persons and is collectable by the Fire
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Chief in the same manner as in the case of an obligation under
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contract, expressed or implied.
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15.16.080 lnspection Fees
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Section 2.201 (a)
of the Uniform Fire Code is amended to
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(a) The fire prevention bureau shall inspect, as often as
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may be necessary, all buildings and premises, lncluding such
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other hazards or appliances as the chief may designate for the
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purpose of ascertaining and causing to be corrected any
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conditions which would reasonably tend to cause fire or
contribute to its spread, or any violations of the purpose or
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provisions of the code and any other law or standard affecting
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fire safety.
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A fee shall
be charged for the following types of
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inspections: X = annual inspection fee, Y = individual inspection
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FEE
Established
by resolution
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Y
process,
,fire
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General Use (malls,special
displays,
clearance)
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2 x
3 x
4 x
5 x
6 Y
7 x
8 x
9 x
10 x
11 x
12 x
13 x
14 x
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Manufacture of organic coating
Auto tire rebuilding plants
High piled combustible stock
Automobile Wrecking Yards
Cryogenic fluids
Bowling alley & refinishing, sanding
Convalescent and nursing homes
Homes for the aged
Hospitals less than 100 beds
Hospitals 100 beds or more
Nursery schools and child day-care homes
Sanitariums
Schools (private)
Cellulose nitrate plastics, pyroxlin
Combustible fiber facilities
Compressed gas (non-flammable)
Over 6000 cubic feet
Compressed gas (flammable)
Over 6000 cubic feet
Dust Prevention (Collection Systems)
Explosives
Fireworks displays (shows)
Fireworks booths
Spraying/dipping (flammable)
Finishes - spray booth
Flammable Liquid Storage Tanks
Underground storage (per 1000 gals)
Aboveground storage (60 to 999 gals)
(per 1000 gals)
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Flammable Sto~age
Inside sto~age
Mo~e than 60 gallons o~ 50# solids
Less than 60 gallons o~ 50# solids
Outside Sto~age
Unde~g~ound sto~age (pe~ 1000 gals)
Aboveg~ound sto~age (69 to 999 gals)
(pe~ 1000 gals)
Fumigation and The~mal insecticidal fogging
Ga~ages (automobile- ~epai~)
Haza~dous chemical (Appendix V-A sto~age)
Liquified pet~oleum gasses
(ove~ 500 gal wate~ capacity)
Lumbe~ ya~ds
Woodwo~king Shops
Magnesium
Matches (sto~age)
Ovens indust~ial (baking and d~ying)
Assembly/occupant load unde~ 5000
(loose seats)
Assembly/occupant load 5000 o~ mo~e (loose seats)
Assembly/movie theate~s (fixed seats)
Assembly/Club (Lodges, ~ec~eation halls)
Assembly/Chu~ches
Assembly/Dance studios and ball~ooms
Assembly/Bowling alleys & Billia~d Pa~lo~s
Assembly/Mo~tua~ies & Cemete~y Chapels
Mechanical ~ef~ige~ation
Tents and ai~-suppo~ted st~uctu~es
Ai~po~ts and helipo~ts
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The amount of the fee fo~ each type of inspection shall be
established by ~esolution of the Mayo~ and Common Council.
15.16.090 Applicant appeals.
Section 2.303 of the Unifo~m Fi~e Code is amended to ~ead
as follows:
Section 2.303: (a) The applicant may appeal the Fire
Chief's denial, suspension o~ revocation of a pe~mit or his
inte~p~etation of this code to the Board of Fi~e Commissioners
within ten days f~om the date of the decision. The Board shall
adopt reasonable ~ules and ~egulations for conducting its
p~oceedings. The Boa~d shall ~ende~ its decision and findings in
w~iting to the Fire Chief with a duplicate copy to the applicant.
The applicant may appeal the decision of the Boa~d to the Mayo~
and Common Council as provided in Chapte~ 2.64 of the Municipal
Code. The Mayo~ and Council shall ~ende~ its decision and
findings in writing to the Fire Chief with a duplicate copy to
the applicant. With regard to any appeal, the Boa~d may recommend
to the Mayor and Council such new legislation as is consistent
therewith.
(b) When an appeal is filed, a p~ocessing fee in an amount
established by resolution of the Mayo~ and Common Council shall
be paid by the applicant to ~esea~ch and p~ocess the appeal for
the 8oa~d of Fire Commissioners.
(c) The fee shall be paid to the Fi~e Depa~tment.
15.16.100 Standa~ds.
Section 2.304 Subsection (c) of the Unifo~m Fire Code is
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1 amended by adding the following:
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(C) The following California Code of Regulations shall
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apply to all A,E, AND I occupancies only.
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CALIFORNIA CODE OF REGULATION
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Title 19, Public Safety
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Title 24, Building Standards
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8 15.16.110 Revocation of permits.
9 Section 4.107 of the Uniform Fire Code is amended to read as
10 follows:
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Section 4.107:
Any permit or certificate issued under this
12 code may be suspended or revoked by the Fire Chief when it is
13 determined that:
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(a)
It is used by a person other than the person to whom
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( b)
It is used for a location other than that for which it
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(c)
Any of the conditions or limitations set forth in the
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permit or certificate have been violated.
(d) The permittee fails, refuses or neglects to comply with
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any order or notice duly served upon him under the provisions
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of this code within the time provided therein.
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(E) There has been any false statement or misrepresentation
24 as to a material fact In the application or plans on which the
25 permit or application was based.
26 15.16.120 "ALL-WEATHER DRIVING SURFACE" defined.
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me-7cg
Section 9.103 of the Unifo~m Fi~e Code is by amended by
adding the following definition:
ALL-WEATHER DRIVING SURFACE is an all-weathe~ d~iving
surface with a concrete or asphalt covering over base material
and a ~oadbed compacted to ninety-five pe~cent density and of
sufficient thickness to suppo~t the imposed loads of fi~e
appa~atus.
15.16.130 "Fi~ewo~ks" defined.
Section 9.108 of the Unifo~m Fi~e Code is amended by
amending the definition of "Fi~ewo~ks" to ~ead as follows:
Fi~ewo~ks shall mean and include any combustible o~
explosive composition, or any substance or combination of
substances, o~ device p~epa~ed fo~ the pu~pose of a visible o~
audible effect by combustion, exploslon, deflag~ation, o~
detonation, and shall include blank ca~t~idges, toy pistols, toy
cannons, toy canes, Dr toy guns in which explosives are used,
firecrackers, torpedoes, skyrockets, roman candles, daygo bombs,
sparklers, or other devices of like construction and any devices
containing an explosive substance, except that the te~m
"Fl~ewo~ks" shall not include auto fla~es, pape~ caps containing
not in excess of 0.25 g~ain of explosive content pe~ cap o~ toy
pistols, toy canes, toy guns Dr other devices for use of such
caps, the sale and use of which shall be pe~mitted at all times.
"Safe and Sane Fi~eworks" as defined in Section 12529 of the
Health and Safety Code of the State of Califo~nia a~e excepted
f~om this defin.ltion of "Fi~ewo~ks".
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1 15.16.140 Fire hydrants.
2 Section 10.206 of the Uniform Fire Code is amended by adding
3 the following paragraph:
4 (C) Fire hydrants on private property shall have a designated no
5 parking zone identified by a red painted curb, beam, or stripe at
6 least eight inches wide and fifteen feet in each direction from
7 the hydrant with white color painted six inch by one-half inch
8 letters stating NO PARKING on both sides of the hydrant.
9 15.16.150 Access roads.
10 Section 10.207 Subsection (b) of the Uniform Fire Code is
11 hereby amended to read as follows:
12 (b) Where required. Fire apparatus access roads shall be
13 required for every building hereafter constructed. The access
14 roadway shall be extended to within one hundred fifty (150) feet
15 of, and shall give reasonable access to , all portions of the
16 exterior walls of the first story of any building. An access road
17 shall be provided within fifty (50) feet of all buildings if
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25 than six (6) feet eight (8) inches in height in each one hundred
26 (100) lineal feet or major fraction thereof of the exterior wall
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natural grade between the access road and building is in excess
of thirty percent (30%). Where the access roadway cannot be
provided, an approved fire protection system or systems shall be
provided as required and approved by the Fire Ch1ef. Access
oor(s) shall be provided at near ground level for firefighting
urposes 1n accordance with the Building Code. There shall be at
least one door not less than three (3) feet in width and not less
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which faces the access roadway.
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2 acceptable for such purposes.
3 15.16.160 Fire Lane, No Parking.
4 Section 10.207 of the Uniform Fire Code is amended by adding
5 subsection (m) to read as follows:
6 (m) Fire Lane, No Parking. The Owner or individual in
7 control of emergency access roadways and streets in private
8 developments shall paint all curbs red and label in six inch by
9 one half inch white letters "No Parking Fire Lane" every twenty
10 feet where parking is not allowed and/or conspicuously post
11 legible permanent all-weather signs with lettering having a
12 inimum height of two inches and a minimum width of one-half inch
13 very fifty feet or at locations as required by the Fire
14 epartment to comply with the access provisions of the Uniform
15 ire Code, Section 10.207. Signs are to read: "Fire Lane, No
16 arking". In addition to painting, "No Parking, Fire Lane" on
17 he red curbs, they shall post all weather signs at 100 foot
18 ntervals throughout, that state the following:
19 Red curbs indicate Fire Lanes. No Parking is allowed in
20 hese areas. Violators will be cited. M.C. 15.16.010
21 15.16.170 Malntenance of access roadways.
22 Section 10.207 of the Uniform Fire Code is amended by adding
23 ubsection (n) to read as follows:
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Metal roll-up doors are not
(n) Maintenance of access roadways. Access roadways
hall be provided and maintained in a passable condition at all
imes. Any obstruction or impedance to reasonable access may be
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r~pair~d or r~mov~d forthwlth by any public saf~ty ag~ncy and th~
expense of repair or removal is to be borne by the owner of the
roadway and in the case of an obstructing v~hicl~ or obj~ct by
the own~r of said vehicle or object. Prior to and during
construction, the owner or contractor shall provide and maintain
all roadways in a condition that will support the impos~d loads
of ~m~rg~ncy apparatus in all weath~r conditions.
15.16.180 Automatic Fir~ Extinguishing Syst~ms.
S~ction 10.306 (a), (c) paragraphs 1 and 3, (d), (h) an (i)
of th~ Uniform Fire Code are am~nd~d to r~ad as follows:
10.306.(a) G~n~ral R~quir~ments. An automatic fir~
extinguishing syst~m shall be installed throughout all
occupancies and locations as set forth in this s~ction. This
s~ctlon shall apply to all n~w construction or r~mod~l of
~xisting structur~s wh~n
1. Th~ building ar~a is incr~ased to 5000 squar~ fe~t or
more.
2. In buildings of 5000 squar~ f~~t or mor~ the r~mod~l
consists of fifty perc~nt (50%) or more of th~ building or floor.
For special provisions on hazardous chemicals and magnesium,
and calcium carbid~, s~~ S~ctlon 10.309 and Articl~s
48, 49, and 80.
For purpos~s of this s~ction, area separation walls of less
than four (4) hour fire resistive construction, or a clear
nattach~d spac~ of not l~ss than t~n (10) f~~t shall d~fin~
~parate buildings.
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10.306.(c) Group A Occupancies. 1. An automatic fire
sprinkler system shall be installed in all buildings Dr portions
4 of buildings classified by code as Group A, Division 1; Division
5 2, Division 2.1; or Division 3 occupancies that exceed five
6 thousand square feet in floor area.
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EXCEPTIONS: 1. All occupancies of Type I Fire Resistive or
8 Type II Fire Resistive construction of the square footage allowed
9 by the Uniform Building Code chapter 5, provided with and
10 approved fire detection system, within all buildings or portions
11 of buildings classified by code as Group A, Division 1; Division
12 2, Division 2.1; or Division 3.
13 2. Buildings divided by a four (4) hour fire wall, as
14 defined in the Uniform Building Code, without openings, when
15 the largest area is less than 5000 square feet.
16 10.306. (c) 3. Exhibition and Display Rooms. An automatic
17 sprinkler system shall be installed in rooms classified as Group
18 A occupancies which have more than five thousand square feet of
19 floor area which can be used for exhibition or display purposes.
20 10.306.(d) Group B Occupancies. An automatic sprinkler
21 system shall be installed in all buildings or portions of
22 buildings classified by code as Group B, Division 1; Division 2;
23 Division 3; and Division 4 that exceed five thousand square feet
24 in floor area.
25 EXCEPTIONS: 1. All occupancies of Type I Fire Resistive or
26 Type II Fire Resistive construction of the square footage allowed
27 by Uniform Building Code Chp. 5, provided with an approved fire
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detection system within all buildings o~ po~tions of buildings
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classified by code as Group 8, Division 1; Division 2; Division
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or Division 4.
2. Buildings divided by a fou~ (4) hou~ wall
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without openings when the la~gest a~ea is less than 5000 squa~e
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feet.
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15.16.190 Sp~inkle~ system supe~vision ala~ms.
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Section 10.307 is amended to ~ead as follows:
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Section 10.307 All automatic fi~e sp~inkle~ systems cove~ing
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buildings ove~ 5000 squa~e feet shall be monito~ed by an app~oved
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cent~al station. Any system not p~esently monito~ed that cove~s
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5000 squa~e feet o~ mo~e shall comply with this ~equi~ement
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within 90 days afte~ the adoption of this code.
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15.16.200 Chimney spa~k a~~este~s.
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Section 11.111 of the Unifo~m Fi~e Code is amended to ~ead
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as follows:
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Section 11.111. Chimney spa~k a~~este~s.
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(a) Each chimney used in conjunction with any fi~eplace o~
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any heating appliance in which solid o~ liquid fuels a~e used
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shall be maintained with an approved spark arrester~
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(b) An app~oved spa~k a~~este~ shall mean a device
constructed of stainless steel, aluminum, copper, or brass, woven
galvanized wire mesh, nineteen gauge minimum or
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t~~ee-eighths inch minimum to one-half inch maximum openings,
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mounted in o~ ove~ all outside flue openings in a ve~tical
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o~ nea~ ve~tical position, adequately suppo~ted to p~event
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mo0ement and to be visible from the ground.
15.16.210 Accumulation of waste material.
Section 11.201 of the Uniform Fire Code is amended by adding
the following:
(e) In the event that abatement is not performed as
required ln subsections (a) and (c) of this section, the
Fire Chief may cause such abatement by giving notice to the owner
of the property upon which such condition exists to correct such
prohibited condition, and if the owner fails to correct such
condition the Fire Chief may cause the same to be done and
make the expense of such correction a lien upon the property upon
which such condition exists in accordance with Chapter 8.18 of
the San Bernardino Municipal Code.
15.16.220 Fire damage.
Section 11.416 is added to the Uniform Fire Code to read as
follows:
Section 11.416: The owner, occupant or other persons having
under his control, any property, or materials on a property
damaged by fire, when access by the public is Possible, shall
secure the property by boarding up all openings, fencing,
barricading or other appropriate measures within ten days of
otice by the Fire Department.
Within thirty days after written notice to do so has been
erved, all debris and/or damaged materials shall be removed from
he property and proof furnished that contractual arrangements
ave been made for demolition, replacement or repair of all fire
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damaged st~uctures remaining on property involved in the fire.
15.16.230 Requirements for use of candles and other open-
flame devices.
Section 25.116 Subsection (b)(2)(k) of the Uniform Fire Code
is amended to read as follows:
K. Lighted, hand-held candles are especially dangerous
and shall not be perm1tted or used. No permit is required for
battery-operated candles or other electric candles.
15.16.240 Permits for manufacturing, sale and discharge
of fireworks.
Section 78.102 Subsection (b) of the Uniform Fire Code is
amended to read as follows:
(b) Except as provided by this code or the San Bernardino
Municipal Code, it shall be unlawful for any person to store,
offer for sale, expose to sale, sell at retail or use or explode
any fireworks; provided that the Fire Chief shall have power to
adopt reasonable rules and regulations for the granting of
permits for supervised public display of fireworks by a
public agency, fair association, amusement park, ottler
organization, or for the use of fireworks by artisans in pursuit
of their trade. Every such use or display shall be handled by a
competent operator approved by the Fire Chief and shall be of
such character and located, discharged or fired in a manner
determined by the Fire Chief or his designated representative,
after proper investigation, not to be hazardous to property or to
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1 endanger any person.
2 15.16.250 Life safety requirements for existing buildings.
3 Appendix i-A, Section 1 of the Uniform Fire Code is amended
4 to read as follows:
1. General.
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6 (a) Purpose. The purpose of this appendix is to provide a
7 reasonable degree of safety to persons occupying existing
8 buildings by providing for alterations to such existing buildings
9 which do not conform with the minimum requirements of this code.
EXCEPTION: High-rise occupancies.
10
11 ******** END ********
12
13 III
14 III
15 III
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
18
28 III
/1//- /113
:. -
ORDINANCE ADOPTING - 1988 UNIFORM FIRE CODE WITH AMENDMENTS
.
.
,-
..
1 I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a regular
4 of March
5 Council Members:
6 ESTRADA
REILLY
7 FLORES
MAUDSLEY
8 MINOR
POPE-LUDLAM
9 MILLER
10
11
12
meeting held on the 5th
day
, 1990, by the following vote, to wit:
, 1990.
17 Approved as to
form and legal content:
?
J
(e~
AYES
NAYS
ABSTAIN
x
x
X
X
X
X
X
~1:??~0
, City Clerk
The foregoing ordinance is hereby approved this
13 of March
14
15
16
18
JAMES F. PENMAN
19 City Attorney
20
21
22
(;
By: ;.M/V."...fV;;'
(J
23
24
25
26
27
28
day
19