HomeMy WebLinkAboutMC-243
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ORDINANCE NO.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAP'fER
15.1b OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE
UNIFORM FIRE CODE (1982 EDITION) TOGETHER WITH APPENDICES "I-A"
THPOIJGH "VI-D" INCLUSIVE, (EXCEPT "VI-B"), AND THE UNIFORM FIRE
COUE STANDARDS (1979 EDITION).
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 15.16 of the San Bernardino Municipal
8 Cone is amended to read:
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"15.16.010 Citation.
10 The ordinance codified in this chapter and the code and
11 standards adopted by reference in Section 15.16.020 shall be known
12 as the 'Uniform Fire Code'.
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15.16.020 Codes adopted.
14 The 1982 edition of the 'Uniform Fire Code' together with
15 Appendices 'I-A' through 'VI-D' inclusive, except 'VI-B', and the
16 19U2 edition of the Uniform Fire Code Standards as compiled and
17 promulgated by the International Conference of Building Officials
]8 and the Western Fire Chiefs' Association, and as modified by this
]9 chapter, are adapted by this reference and shall apply to all
20 areas within the jurisdiction of the City of San Bernardino.
21 Three copies of the 1982 edition of the Uniform Fire Code,
22 including Appendices, and three copies of the Uniform Fire Code
23 Standards shall be maintained on file in the office of the City
24 Clerk.
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15.16.030 Definitions:
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A. Whenever 'jurisdiction' is used in the Uniform Fire Code,
27 it shall mean the City of San Bernardino.
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B. Whenever 'Chief' is used in the Uniform Fire Code it
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1 shall mean the Chief of the Fire Department of the City of San
2 Bernardino, hereinafter called 'Fire Chief'.
3 C. Whenever 'corporation counsel' is used in the Uniform
4 Fire Code, it shall mean the City Attorney of San Bernardino.
5 D. Whenever 'chief of the bureau of fire prevention' is used
6 in the Uniform Fire Code, it shall also mean 'fire marshal' or
7 'fire prevention engineer'.
8 15.16.040 Amendments.
9 The following sections and provisions of the Uniform Fire
10 Code (1982 Edition) are amended or added to read as set forth in
11 Sections 15.16.050 through 15.16.170.
12 15.16.050 Police powers.
13 Section 2.105 of the Uniform Fire Code is amended to read as
14 follows:
15 Section 2.105: The Chief, each public safety member, and
16 members of the Fire Prevention Bureau of the Fire Department shall
17 have the powers of a 'peace officer' as defined in Section 830.13
18 of the Penal Code in enforcing this code and other laws and
19 regulations relating to fire prevention.
20 15.16.060 Permits.
21 Section 2.302 of the Uniform Fire Code is amended to read as
22 follows:
23 Section 2.302: The applicant may appeal the Fire Chief's
24 denial, suspension or revocation of a permit or his interpretation
25 of this code to the Board of Fire Commissioners within ten days
26 from the date of the decision. The Board shall render its
27 decision and findings in writing to the Fire Chief with a
28 duplicate copy to the applicant. The applicant may appeal the
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decision of the Board of Fire Commissioners to the Mayor and
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Common Council as provided in Chapter 2.64 of the Municipal
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Code.
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15.16.070 Standards.
5 Section 2.303 Subsection (bl of the Uniform Fire Code is
6 amended by adding the following standards:
7 CALIFORNIA ADMINISTRATIVE CODE
Title 19, Public Safety
8 Title 24, Building Standards, the fire safety requirements
of the State Fire Marshal and Department of Housing
9 and Community Development.
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15.16.080 Revocation of permits.
11 Section 4.107 of the Uniform Fire Code is amended to read as
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Section 4.107: Any permit or certificate issued under this
14 code may be suspended or revoked by the Fire Chief when it is
15 determined that:
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(a)
It is used by a person other than the person to whom the
17 permit or certificate was issued.
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(b)
It is used for a location other than that for which it
19 was issued.
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(cl Any of the conditions or limitations set forth in the
21 permit or certificate have been violated.
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(d) The permittee fails, refuses or neglects to comply with
23 any order or notice duly served upon him under the provisions of
24 this code within the time provided therein.
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(e) There has been any false statement or misrepresentation
26 as to a material fact in the application or plans on which the
27 permit or application was based.
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15.16.090
'Fireworks' defined.
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Section 9.108 of the Uniform Fire Code is amended by amending
the definition of 'fireworks' to read as follows:
'Fireworks' shall mean and include any combustible or
explosive composition, or any substance or combination of
substances, or device prepared for the purpose of a visible or
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, skyrockets, roman candles, daygo bombs,
sparklers, or other devices of like construction and any devices
containing an explosive substance, except that the term
'fireworks' shall not include auto flares, paper caps containing
not in excess of 0.25 grain of explosive content per cap or toy
pistols, toy canes, toy guns or other devices for use of such
caps, the sale and use of which shall be permitted at all times.
'Safe and Sane Fireworks' as defined in Section 12529 of the
Health and Safety Code of the State of California are excepted
from this definition of 'fireworks'.
15.16.100 Fire hydrants.
Section 10.206 of the Uniform Fire Code is amended by adding
the following paragraph:
Fire hydrants on private property shall have a designated no
parking zone identified by a red painted curb, beam, or stripe at
least eight inches wide and fifteen feet in each direction from
the hydrant.
15.16.110 Access roads.
Section 10.207 Subsection (c) of the Uniform Fire Code is
amended to read as follows:
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Subsection (b) of Section 78.102 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, or other 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. The display 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 endanger any
person. The Fire Chief may impose a fee to recover the cost of
any inspection required to be performed during hours the
inspection personnel would not otherwise be scheduled to work.
15.16.180 Violation - Penalty.
Any person, firm or corporation, whether as principal, agent,
employee or otherwise, violating or causing the violation of any
of the provisions of this chapter or code, or violating or failing
to comply with any order made thereunder, or building in violation
of any detailed statement of specifications or plans submitted and
approved thereunder, or building in violation of any certificate
or permit issued thereunder and from which no appeal has been
taken, or who fails to comply with such an order as affirmed or
modified shall for each such violation be guilty of a misdemeanor,
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designed so that all occupants of the building will be warned
simultaneously, and the alarm sounding shall be at least ten
decibels above the ambient noise level throughout the building.
15.16.150 Spark arresters.
Section 11.111 of the Uniform Fire Code is amended to read as
follows:
Section 11.111: Each chimney used in conjunction with any
fireplace or any heating appliance in which solid or liquid fuel
is used, shall be maintained with an approved spark arrester. An
approved spark arrester shall mean a device constructed of metal,
nineteen gauge minimum, with three-eighth inch minimum to one-half
inch maximum opening, mounted in or over all outside flue
openings, adequately supported to prevent movement and shall be
entirely visible from the ground.
15.16.160 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 thirty days after written notice to do so has been
served, all debris and/or damaged materials shall be removed from
the property and proof furnished that contractual arrangements
have been made for demolition, replacement or repair of all fire
damaged structures remaining on property involved in the fire.
15.16.170 Safe and sane fireworks.
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1 (c) Extent. The access roadway shall be extended to within
2 one hundred fifty feet of all portions of the exterior wall of all
3 buildings and to within forty feet of all multiple story
4 buildings. Where the access roadway cannot be provided, approved
5 fire protection system or systems shall be provided as required
6 and approved by the Fire Chief.
7 15.16.120 Fire lanes.
8 Section 10.207 of the Uniform Fire Code is amended by adding
9 subsection (g) to read as follows:
10 (g) The owner, or individual in control of emergency access
11 roadways and streets in private developments shall paint all curbs
12 red where parking is not allowed and conspicuously post legible,
13 permanent all-weather signs with lettering having a minimum stroke
14 of two inches by one-quarter inch at locations as required by the
15 Fire Department to comply with the access provisions of Uniform
16 Fire Code, Section 10.207. Signs are to read: 'FIRE LANE, NO
17 PARKING' .
18 15.16.130 Failure to comply.
19 Section 10.301 of the Uniform Fire Code is amended by adding
20 subsection (f) to read as follows:
21 (f) Failure to comply. Failure by the developer or any
22 person responsible for the project site to comply with any of
23 these requirements, will be cause for the Fire Chief to require
24 that all activity at the site be discontinued pending compliance.
25 15.16.140 Fire alarms.
26 Subsection (e) of Section 10.309 of the Uniform Fire Code is
27 amended to read as follows:
28 (e) Alarm level. Such fire alarm systems shall be
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and upon conviction thereof shall be punishable by a fine of not
more than five hundred dollars, or by imprisonment for a term not
to exoeed six months, or by both such fine and imprisonment. Such
person, firm or corporation shall be deemed guilty of a separate
offense for each and every day during any portion of which any
violation of this chapter or code is committed or continued by
such person, firm or corporation and shall be punishable as herein
provided. The imposition of any penal:y for any violation shall
not excuse the violation or permit it to be continued, and all
persons shall be required to correct or remedy all such violations
or defects within a reasonable time. The application of the above
penalty shall not be held to prevent the enforced removal of
prohibited conditions."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an
adjourned regular
meeting thereof, held on
the
4th day of
, 19E3, by the following vote,
Janu?ry
to wit:
AYES:
Council I'1embers Reilly, Hernandez, (Juie1, Str ickIer
NAYS:
None
ABSENT:
council Mp.mbers Castaneda ,~'larks, Fobbs i
~JZ:I/P?/hJz1.?Y
./ City Clerk
The foregoing ordinance
o'5'-~_ day
of ''!1'-tu1, ' 1983.
Approvcid astto form:
Ci(jM:te~t~~
San Bernardino-
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