HomeMy WebLinkAboutMC-044
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ORDINANCE NO.
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; ORDINANCE OF THE CITY OF SAN BERNARDINO A~ENDING CHAPTER
i115,16 OF THE SAN BERNARDINO HUNICIPAL CODE ANT) ADOPTING THE
UNIFORM FIRE CODE (1979 EDITION) TOGETHER WITH APPENDIXES "A"
THROUGH "I" INCLUSIVE, AIlD THE UNIFOR~1 FIRE CODE STANDARDS (1979
EDITION) .
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THE ~~YOR AND CO~~ON 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 Code is amended to read:
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"15.16.010 Citation.
10 The ordinance codified in this chapter and the code adopte
II by reference in Section 15.16.020 shall be known as the 'Uniform
12 Fire Code'.
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15.16.020 Codes adopted.
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14 The 1979 edition of tr,e 'Uniform Fire Code' togetr,er with
15 Appendixes 'A' through 'I' inclusive, and the 1979 edition of the
16 jUniform Fire Code Standards as compiled and promulgated QY the
17 International Conference of Building Officials and the ~estern
Fire Chiefs' Association, are adopted by this reference as a code
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of the City of San Bernardino. The provislons of the Uniform
20 Fire Code and Uniform Fire Code Standards shall apply to all areas
21 within the jurisdiction of the City of San Bernardino. Three
22 copies of the 1979 edition of the Uniform Fire Code, including
23 Appendixes, and three copies of the Uniform Fire Code Standards
are on file in the office of the City Clerk.
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15.16.030 Definitions.
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A. Whenever 'jurisdiction' 1S used in the Uniform Fire
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Code, it shall be held to mean the City of San Bernardino.
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B. Whenever' coroora tion counsel' i.B 'lsed in t'1e Uni form
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Flre
Code,
it shall be held to mean the city
attorney of the city. I
fire prevention' is ,
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C.
Whenever 'chief of the bureau of
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used in the Uniform Fire Code, it shall also mean 'fire marshal'
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or 'fire prevention engineer'.
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15.16.040 Amendments.
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The following sections and provisions of the Uniform Fire
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Code (1979 Edition) are amended or added to read as set forth in
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Sections 15.16.050 through 15.16.180.
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15.16.050 Police Powers.
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Section 2.105 of the Uniform Fire Code is amended to read
II as follows:
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Section 2.105: The Chief and each member of the Fire
13 Department shall have the powers of a 'peace officer' as defined
14 in Section 830.13 of the Penal Code in enforcing this code and
15 other laws and regulations relating to fire prevention.
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15.16.060 Permits.
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Section 2.302 of the Uniform Fire Code is amended to read
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Section 2.302: The applicant may appeal the Chief
20 Engineer's denial, suspension or revocation of a permit or his
21 interpretation of this code to the Board of Fire Commissioners
22 within 30 days from the date of the decision. The Board shall
23 render its decision and findings in writing to the Chief Engineer
24 with a duplicate copy to the appellant. The applicant may appeal
25 the decision of the Board of Fire Commissioners to the mayor and
26 council within 30 days from the date of the decision. The mayor
27 and council shall render its decision and findings in writing to
28 the Chief Engineer with a duplicate copy to the appellant.
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I The Board may recommend to the mayor and council such new legis-
2 lation as is consistent therewith. The Board shall adopt reason-
3 able rules and regulations for conducting its proceedings.
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15.16.070 Standards.
5 Section 2.303(b) of the Uniform Fire Code is amended by
6 adding the following standards:
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American Petroleum Institute
1800 "K" Street, N.W. Washington, D.C. 20036
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API STANDARDS
12-A Specification for Oil Storage Tanks with Riveted
Shell, 195.
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American Society of Mechanical Engineers
345 East 47th Street, New York, N.Y. 10017
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ASME CODES
Code for Power Boilers, 1968 Edition.
Code for Unifired Pressure Vessels, 1968 Edition.
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American Society for Testing and Materials
1916 Race Street, Philadelphia, PA 19103
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ASTI1 STANDARDS
D56-77 Standard Method of Test for Flash Point by
Means of the Tag Closed Test (for flash points
of liquids below 200 degrees F.).
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D92-72 Flash and Fire Points by Cleveland Open Cup
(for flash and fire points of all petroleum
products except fuel oils and those having an
open cup flash below 175 degrees F.).
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D3278-73 Standard Method of Tests for Flash Point of
Liquids by Setaflash Closed Tester (for paints,
enamels, lacquers, varnishes and related pro-
ducts and their components having flash points
between 32 degrees F. and 230 degrees F.).
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National Fire Protection Association
470 Atlantic Avenue, Boston, ~ffi 02210
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NFPA
13D
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STANDARDS, NATIONAL FIRE CODES 1979
Sprinkler Systems, Dwellings - 1975
Outside Protection - 1977
Flammable and Combustible Liquids on Farms
Isolated Construction Projects - 1977
Storage of Pyroxylin Plastic - 1975
and
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43A
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482H
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Liquid and Solid Oxidizing Haterials - 1975
Storage of Gaseous Oxidizing Materials - 1975
Fire Protection for Laboratories Using Chemicals
1975
Titanium Storage Handling - 1974
Ammonium Nitrate Storage - 1975
Explosives, Motor-Vehicle Terminals - 1978
Acetylene Cylinder Charging Plants - 1974
Cutting and Welding Processes - 1977
National Fuel Gas Code - 1974
Hyprobaric Facilities - 1977
Agricultural Commodities for Human Consumption
Aluminum or Hagnesium Powder - 1974
Coal Preparation Plants, Dust Hazards - 1971
Plastics Industry, Dust Hazards - 1975
Sulfur Fires, Explosives Prevention - 1971
Spice Grinding Plants, Dust Hazards - 1971
Woodworking Plants, Dust Hazards - 1971
Automatic Fire Detectors - 1978
Household Fire Warning Equipment - 1978
Pulverized Fuel Systems - 1978
General Storage, Indoor - 1974
General Storage, Outdoor - 1975
Cellular Rubber Plastics Storage - 1974
Rack Storage of Haterials - 1975
Storage of Rubber Tires - 1975
Motor Freight Terminals - 1978
Fire Hydrants, Uniform Harkings - 1977
Zirconium Plants - Producing - 1974
Static Electricity - 1977
Sprinkler Systems, Maintenance - 1978
CALIFORNIA ADHINISTRATIVE CODE
Title 19, Public Safety
Title 24, Building Standards, the fire safety require-
ments of the State Fire Harshal and Department of
Housing and Community Development.
15.16.080 Revocation of permits.
Section 4.107 of the Uniform Fire Code is amended to read
as follows:
Section 4.107: Any permit or certificate issued under
this code may be suspended or revoked when it is determined that:
(a) It is used by a person other than the person to whom
the permit or certificate was issued.
(bl It is used for a location other than that for which
it was issued.
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(c) Any of the conditions or limitations set forth in
the permit or certificate have been violated.
(d) The permittee fails, refuses or neglects to comply
with any order or notice duly served upon him under the provisions
of this code within the time provided therein.
(e) There has been any false statement or misrepresen-
tation as to a material fact in the application or plans on which
the permit or application was based.
15.16.090 Definition.
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 sub-
stances, or device prepared for the purpose of a visible or audibl
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 any auto flares, paper caps containing not in excess
of 0.25 grain of explosive content per cap and 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 Californin are excepted from this definition
of 'fireworks'.
15.16.100 Fire Hydrants.
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i Section 10.206 of the Uniform Fire Code is amended by
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2 adding the following paragraph:
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Fire hydrants on private property shall have a designated
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4 area (no parking zones) identified by a red painted curb, beam,
5 or stripe at least eight inches wide and fifteen feet in each
6 direction from the hydrant.
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15.16.110 Access Roads.
8 Subsection (c) of Section 10.207 of the Uniform Fire Code
9 is amended to read as follows:
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(c) The access roadway shall be extended to within 150
11 feet of all portions of the exterior wall of all buildings and
]2 to within 40 feet of all multiple story buildings. Where the
]3 access roadway cannot be provided, approved fire protection system
]4 or systems shall be provided as required and approved by the Chief.
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15.16.120 Fire Lanes.
16 Section 10.207 is amended by adding subsection (f) to
17 read as follows:
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(f) The owner, or individual in control of emergency
19 access roadways and streets in private developments shall paint
20 all curbs red where parking is not allowed and conspicuously
21 post legible permanent all-weather signs with lettering having
22 a minimum stroke of two inches by one-quarter inch at locations
23 as required by the Fire Department to comply with the access
24 provisions of Uniform Fire Code, Section 10.207. Signs are to
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read:
'FIRE LANE, NO PARKING'.
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15.16.130 Failure to Comply.
27 Section 10.301 of the Uniform Fire Code is amended by
28 adding subsection (f) to read as follows:
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(f) Failure by the developer or any person responsible
for a project site to comply with any of these requirements, will
be cause for the Chief Engineer to require that all activity at
the site be discontinued pending compliance.
15.16.140 Fire Alarms.
Subsection (a) of Section 10.307 of the Uniform Fire Code
is amended to read as follows:
(a) Every apartment house three stories or more in height
or containing more than fifteen apartments and every hotel three
stories or more in height or containing twenty or more guest
rooms, shall have installed therein, an approved fire alarm
system, with manual pull-stations to warn occupants of the build-
ing in the event "of fire. Such fire alarm systems shall be so
designated that all occupants of the building may be warned
simultaneously.
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
fire~lace or any heating appliance in which solid or liquid fuel i
used, shall be maintained with an approved spark arrester. An
approved spark arrester shall mean a device constructed of metal,
19 gauge minimum, with 3/8 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 t'1e
ground.
15.16.160 Attic Storage.
Section 11.207 is added to the Uniform Fire Code to read
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as follows:
Section 11.207: Combustible materials shall not be stored
in attic areas or similar spaces, unless the wall, floor and
ceiling forming the storage area are protected on the attic room
side as required for one-hour fire resistive construction.
15.16.170 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 either by boarding up all openings, fencing,
barricading, or other appropriate measures.
Within thirty (30) 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 arrange-
ments have been made for demolition, replacements or repair of
all fire damaged structures remaining on property involved in the
fire.
15.16.180 Safe and Sane Fireworks.
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, to
offer for sale, expose to sale, sell at retail or use or explode
any fireworks; provided that the Chief Engineer shall have power
to adopt reasonable rules and regulations for the granting of
permits for supervised public display of fireworks by a
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jurisdiction, fair associations, amusement parks, other organiza-
tions, 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 Chief Engineer and shall be of such
character and located, discharged or fired in a manner determined
by the Chief Engineer or his designated representative, after
proper investigation, not to be hazardous to property or to
endanger any person.
15.16.190 Powers and duties of forestry employees.
All officers of the United States Forest Service, San
Bernardino National Forest, shall have the same powers and author-
ity granted to the Chief Engineer and employees of the fire
department of the city to enforce the Uniform Fire Code and other
laws and rules and regulations pertaining to fire prevention.
Said powers and authority shall only apply to areas of the city
located within the boundaries of the San Bernardino National
Forest. Such officers of the United States Forest Service shall
not be construed to be agents, representatives or employees of
the city; and the city, its boards, commissions, officers,
employees and agents assume no liability or responsibility for
their acts or failure to act under this chapter; and these pro-
visions are enacted pursuant to the express representation of,
and with the understanding by the federal government that the
city, its boards, commissions, officers employees and agents
shall be saved and held harmless from such liability or respon-
sibility.
15.16.200 Violation - Penalty.
Any person, firm or corporation, whether as principal,
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Ijagent, employee or otherwise, violating or causing the violation
IOf any of the provisions of this chapter or code, or violating or
I failing to comply with any order made thereunder, or building in
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4 violation of any detailed statement of specifications or plans
5 submitted and approved thereunder, or any certificate or permit
6 issued thereunder and from which no appeal has been taken, or who
7 fails to comply with such an order as affirmed or modified shall
8 for each and every such violation be guilty of a misdemeanor, and
9 upon conviction thereof shall be punishable by a fine of not more
10 than five hundred dollars, or by imprisonment for a term not to
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exceed six months, or by both such fine and imprisonment.
Such
12 person, firm or corporation shall be deemed guilty of a separate
13 offense for each and every day during any portion of which any
14 violations of this chapter or code is committed or continued by
15 such person, firm or corporation and shall be punishable as herein
16 provided. The imposition of one penalty for any violation shall
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not excuse the violation or permit it to be continued; and all
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such persons shall be required to correct or remedy such violation
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or defects within a reasonable time; and when not otherwise
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specified, each ten days that prohibited conditions are maintained
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the maintenance of said conditions shall constitute a separate
22 offense. The application of the above penalty shall not be held
23 to prevent the enforced removal of prohibited conditions."
24 I HEREBY CERTIFY that the foregoing ordinance was duly
25 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
reqular ________meeting thereof, held
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on the
20th
April
, 1981, by the following
day of
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vote, to wit:
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AYES:
Councilmen
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rastanena, Wheeler, qernandez,
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NAYS:
None
Hudson, Hohb~ strickler
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ABSENT:
rouncilman Gerwia
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~/Jit/~~b
/ City Clerk
The foregoing ordinance is hereby approved this=P?~day
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of
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Approved as to form:
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City At orney
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, 1981.
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