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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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Subject: Ordinance of the City of San Bernardino amending
Chapter 15.16 of the San Bernardino Municipal
Code and adopting the 2001 California Fire Code,
with appendices, and incorporating by reference
the 2000 Edition of the Uniform Fire Code
Volume 1 with errata of the Western Fire Chiefs
Association, and with necessary California
amendments, together with California Code of
Regulations, Title 24, and the Uniform Fire Code
Volume 2 Standards 1997 Edition as amended by
the 2000 Uniform Fire Code Standards.
From:
Larry R. Pitzer, Fire Chief
Dept:
Fire
Date:
September 3,2002
MC/C Meeting Date:
September 23, 2002
Synopsis of Previous Council Action:
05/03/99
MC-1048: Ordinance to amend Chapter 15.16 of the San Bernardino Municipal Code to adopt the
1998 California Fire Code.
RECOMMENDATION:
That said ordinance be laid over for final adoption.
Contact Person: Larrv Pitzer. Fire Chief
Phone: (909) 384-5286
Supporting data attached: Staff Report and Ordinance
Ward: Citvwide
FUNDING REQUIREMENTS:
Amount:
$0
Source:
(ACCT. No)
(Acct. Description)
Finance:
Council Notes:
Agenda Item N
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STAFF REPORT
SUBJECT
Ordinance of the City of San Bernardino amending Chapter 15.16 of the San
Bernardino Municipal Code and adopting the 2001 California Fire Code, with
appendices, and incorporating by reference the 2000 Edition of the Uniform Fire Code
Volume 1 with errata of the Western Fire Chiefs Association, and with necessary
California amendments, together with California Code of Regulations, Title 24, and the
Uniform Fire Code Volume 2 Standards 1997 Edition as amended by the 2000 Uniform
Fire Code Standards.
BACKGROUND
The California Code of Regulations, Title 24, also referred to as the California Building
Standards Code mandates that the Chief of the City Fire Department enforce the
California Code of Regulations relating to fire and panic (emergency exiting) safety. The
2001 California Fire Code is compatible with this standard and incorporates by adoption
the 2000 Edition of the Uniform Fire Code of the Western Fire Chiefs Association, with
necessary California amendments.
State Fire regulations are updated every three years. The adoption of 2001 California
Fire Code is an integral part of the Fire Department Fire Prevention Program. Adoption
of this ordinance brings the City's Municipal Codes up to date with state law. Adoption
of this code is necessary to be compatible with local building codes. The effective date
of this code has been set by the Building Standards Commission for November 1, 2002.
According to the California Health and Safety Code, a city may establish more restrictive
building standards reasonably necessary because of local climatic, geological, or
topographical conditions. For these conditions, cities and fire districts may amend the
California Fire Code, with more restrictive requirements than the California Building
Standards Code (Title 24). These amendments and findings are included in the attached
ordinance and after City Council approval, will be filed with the California Building
Standards Commission.
In the attached Ordinance, there have been minor changes, as indicated in italics and
underlined, to clarify language in certain code sections. The following sections are new
amendments to the San Bernardino Municipal Code:
15.16.086- Citations. Incorporates language used in the 1998 Edition of the California
Fire Code.
15.16.121- Safe and Sane Fireworks. Includes language incorporated in the California
Health and Safety Code laws related to fireworks.
15.16.126- Premises Identification. Requires street addresses to be a certain dimension
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depending on the size of the building.
15.16.181- Firewatch. Provides specific information related to requirements for
Firewatch.
15.16.241- Compressed Natural Gas Motor Vehicle Fuel-Dispensing Stations. Requires
additional fire protection features for facilities utilizing unodorized compressed natural
gas.
15.16.246- Storage of Explosives and Blasting Agents. Modifies San Bernardino City
codes to conform to San Bernardino County codes.
15.16.247- Storage of Explosive Materials. Modifies San Bernardino City codes to
conform to San Bernardino County codes.
15.16.256- Storage of Flammable and Combustible Liquids. Modifies San Bernardino
City codes to conform to San Bernardino County codes.
15.16.257- Additional Requirements for Tanks Located Within Below-Ground Vaults.
Modifies San Bernardino City codes to conform to San Bernardino County Fire Chiefs
Policy.
15.16.258- Protected Aboveground Tanks. This section was part of the existing
Municipal code originally located as part of California Fire Code (1998) Appendix II-F.
15.16.276- Bulk Storage of Liquefied Petroleum Gases. Modifies San Bernardino City
codes to conform to San Bernardino County codes.
FINANCIAL IMPACT
There is no financial impact to the City of San Bernardino.
RECOMMENDATION
That said ordinance be laid over for final adoption.
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Sections:
15.16.010
15.16.020
15.16.030
15.16.040
15.16.045
15.16.050
15.16.055
15.16.060
lU6.4)(;2
15.16.061
15.16.065
15.16.070
15.16.075
15.16.080
15.16.085
15.16.086
15.16.087
15.16.090
15.16.095
15.16.100
15.16.105
15.16.110
15.16.115
15.16.120
15.16.121
15.16.125
15.16.126
15.16.130
15.16.135
15.16.140
15.16.145
15.16.150
15.16.155
lU(i.l(;1)
15.16.165
15.16.170
15.16.175
15.16.180
15.16.181
15.16.185
15.16.190
Chapter 15.16
UNIFORM FIRE CODE
Citation.
Code Adopted.
Definitions.
Amendments.
Liability.
Applicant Appeals.
Authority for Enforcement.
Fire Prevention Bureau Personnel and Police.
EJReFgeRey ..4.hateJReRtlClesBFe PreeeduFe.
Commencement of Proceedings.
Inspections & Inspection Fees.
New Construction and Alterations.
Authorization to Issue Corrective Orders and Notices.
Stopping Uses and Evacuation.
Failure to Comply
Citations.
Emergency Abatement/Closure Procedures
Permits.
Revocation of Permits
All Weather Driving Surface defined.
Fire Watch defined.
Fireworks defined.
Hazardous Fire Area defined
Spark Arrester defined.
Safe and Sane Fireworks defined.
Fire Lane, No Parking.
Premises Identification.
Fire Protection Equipment & Fire Hydrants.
Aeeeos Reads. Fire DeDartment Access.
Maintenance of Access Roadways.
Fire Appliances.
Fire Extinguishing Systems.
Automatic Fire Extinguishing Systems
EJdtiIJiti8B aDd Display R08RlS.
Existing Group R Occupancies.
Power Source.
Locations of Smoke Detectors in Existing Group R
Occupancies.
Permits and Plans.
Fire Watch.
Open Burning.
Recreational Fires.
15.16.195
15.16.200
1s.:l(i.l01
15.16.205
15.16.210
15.16.215
15.16.220
15.16.225
15.16.230
15.16.235
lU(i.210
15.16.241
15.16.245
15.16.246
15.16.247
15.16.250
15.16.255
15.16.256
15.16.257
15.16.258
15.16.260
15.16.265
15.16.270
15.16.275
15.16.276
15.16.280
lU(i.28S
15.16.290
lU(i.29S
lU(i.~OO
15.16.400
Accumulation of Waste Material.
Individual Piles.
Spsrlts FF8Rl ChiB1De~.s.
Sparks from Chimneys.
Requirements for Use of Candles and Other Open Flame
Decorative Devices.
Fire Damage.
False Alarm.
Emerffencv Plans.
Use of Candles and Other Doen Flames Devices in Places of
Assemblv.
Standby Personnel for Public Gatherings.
Permits fer CaFRivalslFaiFS
Comoressed Natural Gas Motor Vehicle Fuel.Disoensinff
Stations.
Compressed Gasses-Use and Handling.
Storaffe of Exolosives and Blastinff Affents.
Storaffe of Exolosive Materials.
Permits for Fireworks.
Seizure of Fireworks.
Storaffe of Flammable and Combustible liQuids.
Additional ReQuirements for Tanks Located Within Below-Grade
Vaults.
Protected Aboveffround Tanks.
Diked Areas.
Tank Location.
LP-Gas Permits, Plans and Records.
Installation of Equipment-Liquefied Petroleum Gases.
Bulk Storaffe of liQuefied Petroleum Gases.
Standards.
Aheve CF8HRd TaRks.
Modifications Fire Flow.
FiFe Flew SeIleel BlIildings.
Rail Sehedule.
Authorized Fire Chief Representative.
Sections:
15.16.010
15.16.020
15.16.030
15.16.040
15.16.045
15.16.050
15.16.055
15.16.060
15.16.061
15.16.065
15.16.070
15.16.075
15.16.080
15.16.085
15.16.086
15.16.087
15.16.090
15.16.095
15.16.100
15.16.105
15.16.110
15.16.115
15.16.120
15.16.121
15.16.125
15.16.126
15.16.130
15.16.135
15.16.140
15.16.145
15.16.150
15.16.155
15.16.165
15.16.170
15.16.175
15.16.180
15.16.181
15.16.185
15.16.190
15.16.195
15.16.200
Chapter 15.16
UNIFORM FIRE CODE
Citation.
Code Adopted.
Definitions.
Amendments.
Liability.
Applicant Appeals.
Authority for Enforcement.
Fire Prevention Bureau Personnel and Police.
Commencement of Proceedings.
Inspections & Inspection Fees.
New Construction and Alterations.
Authorization to Issue Corrective Orders and Notices.
Stopping Uses and Evacuation.
Failure to Comply
Citations.
Emergency Abatement/Closure Procedures
Permits.
Revocation of Permits
All Weather Driving Surface defined.
Fire Watch defined.
Fireworks defined.
Hazardous Fire Area defined
Spark Arrester defined.
Safe and Sane Fireworks defined.
Fire Lane, No Parking.
Premises Identification.
Fire Protection Equipment & Fire Hydrants.
Fire Department Access.
Maintenance of Access Roadways.
Fire Appliances.
Fire Extinguishing Systems.
Automatic Fire Extinguishing Systems
Existing Group R Occupancies.
Power Source.
Locations of Smoke Detectors in Existing Group R
Occupancies.
Permits and Plans.
Fire Watch.
Open Burning.
Recreational Fires.
Accumulation of Waste Material.
Individual Piles.
15.16.205
15.16.210
15.16.215
15.16.220
15.16.225
15.16.230
15.16.235
15.16.241
15.16.245
15.16.246
15.16.247
15.16.250
15.16.255
15.16.256
15.16.257
15.16.258
15.16.260
15.16.265
15.16.270
15.16.275
15.16.276
15.16.280
15.16.290
15.16.400
Sparks from Chimneys.
Requirements for Use of Candles and Other Open Flame
Decorative Devices.
Fire Damage.
False Alarm.
Emergency Plans.
Use of Candles and Other Open Flames Devices in Places of
Assembly.
Standby Personnel for Public Gatherings.
Compressed Natural Gas Motor Vehicle Fuel-Dispensing
Stations.
Compressed Gasses-Use and Handling.
Storage of Explosives and Blasting Agents.
Storage of Explosive Materials.
Permits for Fireworks.
Seizure of Fireworks.
Storage of Flammable and Combustible Liquids.
Additional Requirements for Tanks Located Within Below-
Grade Vaults.
Protected Aboveground Tanks.
Diked Areas.
Tank Location.
LP-Gas Permits, Plans and Records.
Installation of Equipment-Liquefied Petroleum Gases.
Bulk Storage of Liquefied Petroleum Gases.
Standards.
Modifications Fire Flow.
Authorized Fire Chief Representative.
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4. Buildings which are, or exceed 5000 square feet and have a change in use or
occupancy classification, which increases the fire hazard of the structure or
the life safety of the occupants as determined by the Chief.
5. Buildings which have had an occupancy change and exceed the maximum
allowable square footage per occupancy type as set forth in the California
Building Code, Chapter 9.
For purposes of this section, area separation walls shall not define separate
buildings. A clear unattached space of not less than (10) feet shall define
separate buildings.
FINDINGS, A,B,C,D,E,F APPLY
15.16.165 Existing Group R Occupancies.
Section 1006.2.9.2.1 of the California Fire Code is amended by adding the
following:
1006.2.9.2.1 Existing Group R Occupancies. Existing Group R occupancies
shall be provided with an approved Fire Alarm system in accordance with
Section 1006.2.9 and Chapter 35 of the California Building Standards Code.
Exception: Single family residences not used as state licensed facilities.
FINDINGS, A,B,C,D,E,F APPLY
15.16.170 Power Source.
Section 1006.2.9.3.2 of the California Fire Code is amended by adding the
following:
1006.2.9.3.2 Power Source. When required by the Chief, in existing Group R
Occupancies, single station smoke detectors shall receive their primary power
from the building wiring, provided that such wiring is served from a
commercial source. The wiring shall be permanent and without a disconnecting
switch other than those required for overcurrent protection.
FINDINGS, A,B,C,D,E,F APPLY
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4. Building. sWhich~e, or exceed 5 .000 SCJIl~ feet and have a chan in use or
occupancy' clas' cation, which inCreases the' fire hazard of the cture or
the life safety of e occupants as determined by the Cln"ef. .
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5. Buildings which ~ve had an occupancy change and exceed the maximum
allowable square ~footage per occupancy type as set forth in the California
Building Code, C apter 9. .
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For purposes of thi~ section, area separation walls shall not de separate
buildings. A clear /unattached space of not less than (10) feets all define
separate buildings. !
.FlNDINOS: A,B.CJ)J!.F APPLY !
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15.16.165 Existing <,troup R Occupancles.
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Sectio~ 1006.2.9.2.11 of the California Fire Code is amended by . g the
followmg: i
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1006.2.9.2.1 Existin~ Group R Occupancies. Existing Group R
shall be provided "lith an approved Fire Alarm system in accor
Section 1006.2.9 and! Chapter 35 of the California Building S
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Exception: Single fmpny residences not used as state licensed faciliti
FINDINGS: A,B,CJ)J!.F API'L y I
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15.16.170 Power So~ce. . ',..J.h' -IL--- {:J/o .~
100", 'Z.. 9. .).... b-J;;M U
Section 100:7.2.9.2.3 fthe California Fire Code is amendedtcuud s:
100" ~
.2.9.~ Power ource. When required by the Chief, in existin
Oeeupancies, single tation smoke detectors shall receive their .
from the building .. g, provided that such wiring is serv
commercial source. e wiring shall be permanent and without a dis
switch other than tho required for overcurrent protection.
FINDINGS: A,B.CJ)J!.F APPLY
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4. Buildings which are, or exceed 5000 square feet and have a change in use or
occupancy classification, which increases the fire hazard of the structure or
the life safety of the occupants as determined by the Chief.
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5. Buildings which have had an occupancy change and exceed the maximum
allowable square footage per occupancy type as set forth in the California
Building Code, Chapter 9.
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For purposes of this section, area separation walls shall not define separate
buildings. A clear unattached space of not less than (10) feet shall define
separate buildings.
FINDINGS: A,8,C,D,E,F AFPL Y
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15.16.165 Existing Group R Occupancies.
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Section 1006.2.9.2.1 of the California Fire Code is amended by adding the
following:
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1006.2.9.2.1 Existing Group R Occupancies. Existing Group R occupancies
shall be provided with an approved Fire Alarm system in accordance with
Section 1006.2.9 and Chapter 35 of the California Building Standards Code.
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Exception: Single family residences not used as state licensed facilities.
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FINDINGS: A,8,C,D,E,F AFPL Y
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20 15.16.170 Power Source.
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Section 1006.2.9.3.2 of the California Fire Code is amended by adding the
following:
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1006.2.9.3.2 Power Source. When required by the Chief, in existing Group R
Occupancies, single station smoke detectors shall receive their primary power
from the building wiring, provided that such wiring is served from a
commercial source. The wiring shall be permanent and without a disconnecting
switch other than those required for overcurrent protection.
FINDINGS: A,8,C,D,E,F AFPL Y
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16
OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE 2001
CALIFORNIA FIRE CODE, WITH APPENDICES, AND INCORPORATING BY
REFERENCE THE 2000 EDITION OF THE UNIFORM FIRE CODE VOLUME 1
WITH ERRATA OF THE WESTERN FIRE CHIEFS ASSOCIATION, AND WITH
NECESSARY CALIFORNIA AMENDMENTS, TOGETHER WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 24, AND THE UNIFORM FIRE CODE
VOLUME 2 STANDARDS 1997 EDITION AS AMENDED BY THE 2000 UNIFORM
FIRE CODE STANDARDS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
Section I. Findings. The Mayor and Common Council of the City of
San Bernardino do hereby find and declare pursuant to California Health
and Safety Code Sections 17958,17958.5, and 17958.7 the following:
a. Adverse climatic conditions increase the likelihood of fire. Minor fires
can rapidly spread to large ones due to extreme heat, frequent periods of
drought, low humidity, and yearly winds (Santa Ana), which have been
recorded to reach gusts in excess of 90 miles per hour.
. b. Existing structures with wood shingles and shakes may contribute to the
rapid spread of fire to adjacent structures. Although wood shingles and shakes
are no longer approved for new construction in the City, there are many
existing structures with this type of roofing material.
c. There is an increased danger of fire because of natural vegetation including
grass, chaparral, manzanita, and chamois. Another factor that increases the risk
of fire danger to the City is elevation changes from gradual, to in excess of
30%, which include areas within the wildland interface area. Increased
development has created additional vehicular traffic on surface streets,
freeways bisect the City at the north end and west end, and a freeway borders
the City of the south end. Flood Control channels, railways, natural streams and
the Santa Ana river also impede responses within the City limits. The rapid
increase in single family dwellings and industrial buildings has created many
new streets, creating some dead-end streets, additional traffic signals have been
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installed, all of which increase the response time of fIre apparatus, thereby
creating a greater risk of life and property from fIre.
d. There are portions of the City in the Hazardous Fire Area, where water
supply is very limited. Private tanks located on the homeowner's property often
provide the only available water supply for flIefIghting purposes. Public fIre
hydrants, with appropriate fIre-flow, are located several thousand feet from
these structures.
e. The City has within its boundary potentially active seismic hazards.
Seismic activity occurs within the City and a flIe potential exists with these
active faults. Existing structures and planned new developments are at serious
risk from these faults.
f. Due to these local climatic, geological and topographical conditions,
there is an express need for changes and modifIcations in the 2001 Edition of
the California Fire Code.
Section 2. San Bernardino Municipal Code, Chapter 15.16 is amended to
read as follows:
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 California Fire Code.
15.16.020 Code Adopted.
The 2001 Edition of the "California Fire Code" together with the California
Code of Regulations, Title 24, and Appendices I-A, I-B, I-C, II-A, II-B, II-C, lI-
D, II-E, II-F, II-H, II-I, II-I(, III-i\, III-i\i\, III-B, III-BB, III-C, III-D, I"-i\,
I"-B, "-f\, "I-i\, "I-B, "I-C, "I-D, "I-G, "I-H, "I-I, "1-1, "I-I( inclusive,
and the 1997 Edition of the Uniform Fire Code Standards as amended by the
2000 Uniform Fire Code Standards as compiled and promulgated by the
International Conference of Building OffIcials and Western Fire Chiefs
i\ssociation, and as modifIed by this chapter, and the National Fire Protection
i\ssociation Standard 13 for the installation of sprinkler systems, in its entirety,
are adopted by this reference and incorporated in the Municipal Code of the
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City of San Bernardino. The provIsIons of the California Fire Code, and
Uniform Fire Code Standards shall apply to all areas within the jurisdiction of
the City of San Bernardino. One copy of the 2001 Edition of the California Fire
Code, including California Amendments and Appendices, and one copy of the
Uniform Fire Code Standards are on file in the Office of the City Clerk.
15.16.030 Definitions.
A. Whenever "jurisdiction" is used in the California Fire Code, it shall mean
the City of San Bernardino.
B. Whenever "chief' is used in the California Fire Code it shall mean the
Chief of the Fire Department of the City of San Bernardino, hereinafter
called "Fire Chief', or the Chief's authorized representative.
C. Whenever "corporation counsel" is used in the California Fire Code, it shall
mean the City Attorney of the City of San Bernardino.
D. Whenever "Chief of the Bureau of Fire Prevention" is used in the California
Fire Code, it shall mean "Fire Marshal" or "Fire Prevention Engineer".
15.16.040 Amendments.
The following sections and provisions of the California Fire Code, (2001
Edition) are amended to read as set forth in Sections 15.16.045 through
15.16.300.
15.16.045 Liability.
Section 101.5 of the California Fire Code is amended to add the following:
101.5.1 Cost Recovery.
1. Fire suppression, investigation, rescue or emergency medical costs are
recoverable in accordance with California Health and Safety Code, Sections
13009 and 13009.1.
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2. Any person who negligently or intentionally, or in violation of the law
causes an emergency response is liable for the costs of securing such
emergency. This shall include but not be limited to situations such as false
alarms, traffic accidents, fIre watch, or spills of toxic or flammable fluid or
chemicals. Expenses incurred by the Fire Department for securing such
emergency situation shall constitute a debt of such persons and is collectable by
the Fire Chief in the same manner as in the case of any obligation under
contract, expressed or implied.
FINDINGS, A.B,C,D,E.F APPLY
15.16.050 Applicant Appeals.
Section 103.1.4.1 ofthe California Fire Code is amended to read as follows:
103.1.4.1. Appeals. The applicant may appeal the Fire Chiefs denial,
suspension or revocation of a permit or hislher interpretation of this code to the
Fire Commission within ten days from the date of notice of the decision. The
Fire Commission shall render its decision and fIndings in writing to the Fire
Chief with a duplicate copy to the applicant.
103.1.4.1.1 Appeal Fees. When appeals are filed, a processing fee in an amount
established by resolution of the Mayor and Common Council shall be paid by
the applicant to research and process the appeal. The fee shall be paid to the
Fire Department.
FINDINGS, A,B,C,D,E,F APPLY
15.16.055 Authority for Enforcement.
Section 103.2.1.1 of the California Fire Code is amended to read as follows:
Section 103.2.1.1 General. 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 laws of the state pertaining to:
1. The prevention of fIre.
2. The suppression or extinguishing of dangerous or hazardous fIres.
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3.
The storage, use and handling of explosive, flammable, combustible, toxic,
corrosive and other hazardous, gaseous, solid and liquid materials.
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4. The installation and maintenance of all fIre sprinkler systems, fIre hydrant
systems, standpipe systems, fire alarm systems, portable fIre extinguishers,
smoke and heat ventilators, smoke removal systems, and other fIre
protective or extinguishing systems or appliances.
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5. The maintenance and regulation of fIre escapes.
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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.
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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, and all other places in which people work, live or
congregate from time to time for any purpose.
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8. The investigation of the cause, origin and circumstances of fIre and
unauthorized releases of hazardous materials.
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For authority related to control and investigation of emergency scenes, see
Section 104.
FINDINGS: A,B,C,D.E.F APPLY
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Section 103.2.1.2 of the California Fire Code is amended to read as follows:
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103.2.1.2. The Chief and members of the fIre prevention bureau shall have the
powers of a peace offIcer as defIned in Section 830.37 of the Penal Code, in
performing their duties under this code.
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It is the duty of, and the following persons are hereby authorized to enforce the
provisions of this code and make arrests and issue citations as authorized by
law:
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1. Fire Chief, Deputy Chief, Fire Marshal, Battalion Chiefs, Fire
Investigators, Captains, Engineers, Firefighters, Firefighter/Paramedics,
Fire Plan Checker, and Fire Prevention Officers.
2. When requested to do so by the Fire Chief, the Chief of Police is
authorized to assign such available police officers as necessary to assist the
fire department in enforcing the provisions of this code.
FINDINGS, A,8,C,D,E,F APPLY
15.16.061 Commencement of Proceedings.
Section 103.4 of the California Fire Code is amended by adding the following
Section:
103.4.7 Abatement Proceedings. Whenever the Fire Chief or his/her designated
representative reasonably believes a violation of the California Fire Code exists,
he/she shall commence abatement proceedings in accordance with Chapter 8.30
of the San Bernardino Municipal Code. All hearings shall be conducted by the
Fire Chief or his/her designee ("Hearing Officer"). The Hearing Officer may
hear matters pertaining to both California Fire Code violations andlor public
nuisance violations as enumerated in Section 8.30.010. (Ord. MC-1015, 1-26-
98)
FINDINGS, A,8.C,D.E.F APPLY
15.16.065 Inspections & Inspection Fees.
Section 103.3.1.1 of the California Fire Code is amended to read as follows:
103.3.1.1. Authority to inspect. The fire department shall inspect, as often as
necessary, buildings, events and premises, including such other hazards or
appliances designated by the Fire Chief for the purpose of ascertaining and
causing to be corrected any conditions which would reasonably tend to cause
fire or contribute to its spread, or any violation of the purpose or provisions of
this code and of any other law or standard affecting fire, life and health safety.
Inspection Fees. A fee shall be charged for the following types of inspections:
x = Annual Inspection Fee Y = Individual Inspection
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Y General Use
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1. Any activity or operation not specifically described in other permits, which
is likely to produce conditions hazardous to life or property.
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2. Any residential building used for licensed day care, adult residential care,
gro.up homes, or for room and board homes.
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X Educational Buildings
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1. Buildings used for educational purposes through 12th grade by 50 or more
persons for more than "12 hours per week or for more than 4 hours in one
day.
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2. Any nonresidential building used for day care (more than 6
persons/children).
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3. Any residential building used for day care (more than 6 persons).
X High Rise
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1. Buildings having floors used for human occupancy located more than 75
feet above the lowest level of fire department vehicle access.
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. X Protective Social Care Facilities
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1. Nurseries for full time care of children. Hospitals, sanitariums, nursing
homes, convalescent hospitals. and similar buildings.
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2. Hospitals
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3. Sanitariums
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4. Nursing Homes/Convalescent Hospitals
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5. Residential Care Facilities
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X Restrained Facilities
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X Mechanical Refrigeration
X Tents and Air-Supported Structures
X. Airports and Heliports
The amount of the fee for each type of inspection shall be established by
Resolutions of the Mayor and Common Council.
Routine Inspection Fees - An inspection fee may be charged for Fire
Department routine inspections and re-inspections of property to cover the costs
of such inspections. The amount of the inspection fee shall be established by
Resolution of the Mayor and Common Council.
1. The Fire Marshal may authorize refunding of any fee which was
erroneously paid or collected. Requests for refunding of any fee paid shall
be submitted by written application no later than 180 days after the date of
fee payment.
2. The property owner/occupant charged the inspection fee may appeal the
imposition or the amount of the fee. Appeals related to fees shall be
pursuant to Section 2.64 of the San Bernardino Municipal Code.
FINDINGS: A,8,C,D,E.F APPLY
15.16.070 New Construction and Alterations.
Section 103.3.2.1. of the California Fire Code IS amended by adding the
following Section:
103.3.2.1.1 Approval and Inspection Fees. A fee will be charged for permits,
plan checks and/or inspections for construction or work which requires Fire
Department approval. The amount of the fee shall be established by Resolution
of the Mayor and Common Council.
103.3.2.1.2 Investigation Fees: Work without a Permit. Whenever any work for
which a permit is required by this code has been commenced without first
obtaining said permit, a special investigation shall be made before a permit may
be issued for such work. An investigation fee, in addition to the permit fee,
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shall be collected whether or not a p'ermit is then or subsequently issued. The
investigation fee shall be equal to the permit fee required by this code. The
payment of such investigation fee shall not exempt any person from compliance
with all other provisions of this code nor from any penalty prescribed by law.
The Fire Marshal may authorize refunding of any fee paid hereunder which was
erroneously paid or collected. The Fire Marshal may authorize refunding of not
more than 80 percent of the permit fee paid when no work has been done under
a permit issued in accordance with this code. The Fire Marshal may authorize
refunding of not more than 80 percent of the plan review fee paid when an
application for a permit for which a plan review fee has been paid, is withdrawn
or canceled before any plan reviewing is done. The Fire Marshal shall not
authorize refunding of any fee paid except on written application filed by the
original permittee not later than 180 days after the date of fee payment.
FINDINGS, A.B,C,D,E,F APPLY
15.16.075 Authorization to Issue Corrective Orders and Notices.
Section 103.4.1.1 of the California Fire Code is amended to read as follows:
103.4.1.1 General. When the chief finds in any building or on any premises
combustible, hazardous or explosive materials or dangerous accumulations of
rubbish; or finds unnecessary accumulations of wastepaper, boxes, shavings or
any highly flammable materials which are so situated as to endanger life or
property; or finds obstructions to or on fire escapes, stairs, passageways, doors
or windows that reasonably tend to interfere with the operations of the fire
department or the egress of the occupants of such building or premises; or finds
that the effectiveness of any exit door, attic separation or any fire separation
wall is reduced; or finds that this code is being violated the chief is authorized
to issue orders as necessary, for the enforcement of the fire prevention laws and
ordinances governing the same, and for the safeguarding of life and property
from fire or any other situation which may effect the health safety of any person
occupying buildings or premises.
FINDINGS, A,B,C,D,E,F APPLY
15.16.080 Stopping Uses and Evacuation.
Section 103.4.1.3 of the California Fire Code is amended to read as follows:
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103.4.1.3 Stopping uses, evacuation.' The Fire Chief is authorized to order an
operation or use stopped or the evacuation of any premises, building or vehicle,
or portion thereof, which is a fire, life or health hazard.
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15.16.085 Failure to Comply.
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Section 103.4.3.1 of the California Fire Code IS amended by adding the
following:
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103.4.3.1.1: Failure to comply with any order or notice issued by the Fire Chief
or his representative pursuant to Section 103.4.3 of the California Fire Code
shall be a misdemeanor, which upon conviction thereof is punishable in
accordance with the provisions of Section. 1.12.010 (A) and 1.12.020 of the San
Bernardino Municipal Code.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.086 Citations.
Section 103.4.4 of the California Fire Code is amended to read as follows:
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Section 103.4.4 Citations. Persons owning, operating or maintaining an
occupancy, premises or vehicle subject to this code who allow a hazard to exist,
or fail to take immediate action to abate a hazard on such occupancy, premises
or vehicle when ordered or notified to do so by the Chief shall be guilty of a
misdemeanor.
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15.16.087 Emergency Abatement/Closure Procedure
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Section 103.4 of the California Fire Code is amended by adding the following
section:
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103.4.8 Emergency Abatement/Closure Procedure.
A. Not withstanding any other provision of this Chapter with reference to the
Abatement of California Fire Code violations, whenever the Fire Chief or
his/her duly authorized representative determines that property, a building
or structure is structurally unsafe, or constitutes a fire hazard, or endangers
the life, health, property or safety of the public or its occupants, and such
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condition constitutes an immediate hazard or danger, he or she shall,
immediately and forthwith abate the existing immediate hazard or danger,
including 11ut not limited to the closure of the property.
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a. In lieu of the summary abatement hearing procedures for Dangerous
Buildings in Section 15.28, the Fire Chief or his/her duly authorized
representative shall mail, immediately after such emergency
abatement/closure, a Notice of Hearing to the owners of the real property
upon which the structure is located. Notice shall be mailed to the address
as ascertained from title company records, the latest assessment roll of the
County Assessor, or if no address is so shown, to the address of the
property as such address may be known by the Fire Chief or duly authorize
representative. Such notice shall contain the following information:
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that a Hearing has been scheduled within twenty (20) days of such
emergency abatement/closure action before the Fire Chief or his/her
designee ("Hearing Officer") with the date, time and location of
such Hearing;
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that emergency action was taken with regards to the property;
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the reason why he/she has taken the action.
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At the hearing, the Hearing Officer shall consider all relevant evidence,
including, but not limited to, applicable staff reports. He or she shall give
any interested person a reasonable opportunity to be heard in conjunction
therewith. Based upon the evidence so presented, the Hearing Officer shall
determine whether the emergency action was warranted. The hearing shall
not be conducted according to formal rules of evidence or procedure, but
shall be conducted III a manner generally complying with the
Administrative Procedure Act at Government Code Section 11370, et seq.
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C. The expense of the abatement shall be itemized and after a hearing, notice
of which is given in substantial compliance with Section 8.30.040, relating
to the emergency nature of the abatement and the expenses incurred
constitute a special assessment and lien against the abated parcel as set
forth in Sections 8.30.110, 8.30.120, 8.30.130, and 8.30.l50~
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15.16.090 Permits.
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Section 105.2.1 of the California Fire Code is amended by adding the following
Section:
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105.2.1.1 Fees. A fee will be charged for all inspections required in Section
105.8 of this code. Charges shall be established by Resolution of the Mayor
and Common Council.
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15.16.095 Revocation of Permits.
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Section 105.7 of the California Fire Code is amended to read as follows:
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105.7 Revocation of Permits. Any permit or certificate issued under this code
may be suspended or revoked when it is determined that:
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1. It is used by a person other than the person to whom the permit or
certificate was issued.
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2. It is used for a location other than that for which it was issued.
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have been violated.
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4. 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
period provided therein.
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5. There has been any false statement or misrepresentation as to a material
fact in the application or plans on which the permit or application was
based.
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6. The permit was issued in error or in violation of an ordinance, regulation or
this code.
FINDINGS, A,B.C,D,E.F APPLY
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15.16.100 All Weather Driving Surface defined.
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Section 202-A of the California Fire Code is amended by adding the following
definition:
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ALL WEATHER DRIVING SURFACE. is an approved concrete or asphalt
covering of sufficient thickness to support the imposed loads of fire apparatus.
FINDINGS, A,B,C,D,E,F APPLY
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15.16.105 Fire Watch defined.
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Section 207-F of the California Fire Code is amended by adding the following
definition:
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FIRE WATCH is a method of safeguarding property when any condition or
violation of this code has caused an endangerment to property and lives. The
method shall be approved by the Fire Chief.
FINDINGS, A,C,D,E,F APPLY
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15.16.110 Fireworks defined.
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Section 207-F of the California Fire Code IS amended by amending the
definition of "Fireworks" to read as follows:
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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.
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15.16.115 Hazardous Fire Area defined.
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Section 209-H of the California Fire Code HAZARDOUS FIRE AREA is
amended to read as follows:
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HAZARDOUS FIRE AREA is land which is covered with grass, grain brush
or forest, whether privately or publicly owned, which is so situated or is of such
inaccessible location that fire originating upon such land would present an
abnormally difficult job of suppression or would result in great and unusual
damage through fire or resulting erosion. Such areas are designated as follows:
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That area within the City lying north of a line extending Easterly from the
West City limits to the East City limits and bounded on the South side by
streets and highways as follows:
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Barstow Freeway from West City limits to the intersection of Palm A venue
and the Barst~w Freeway; Northerly from the Barstow Freeway on Palm
A venue to Kendall Drive; Easterly on Kendall Drive to 40th Street and
transition Easterly from the intersection of Kendall Drive and 40th Street;
on 40th Street; and continue Easterly to Mountain A venue; from the
intersection of 40th Street and Mountain A venue; Southerly on Mountain
A venue to 39th Street; Easterly on 39th Street to Del Rosa A venue;
Southerly from the intersection of 39th Street to Marshall Boulevard;
Easterly from the intersection of Del Rosa A venue and Marshall Boulevard
on Marshall Boulevard; Marshall Boulevard to Victoria A venue; Victoria
A venue to Piedmont Drive; Piedmont Drive East to Diablo Drive; Diablo
Drive East to El Toro Street; EI Toro Street extending East to Highway
330; Highway 330 South to Highland A venue; thence East and South-
easterly along the centerline of Highland A venue to the centerline of
Church Street.
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Inclusive of area beginning at the intersection of Pacific Street and Del
Rosa A venue; Pacific Street West to Perris Hill Park Road; Perris Hill
Park Road North in a line to intersect Highland A venue; Highland A venue
East to Del Rosa A venue; Del Rosa A venue South to Pacific Street.
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Inclusive of area beginning at the intersection of Little Mountain Drive and
Kendall Drive; Kendall Drive East to 40th Street; 40th Street East to
Electric A venue; Electric A venue South to Thompson Place; Thompson
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Place West to Mayfield Avenue; Mayfield Avenue South to 36th Street; 36th
Street West to "F" Street; "F" Street South to 33rd Street; 33rd Street West
to "H" Street' "H" Street South to Marshall Boulevard; Marshall
Boulevard West in a line to intersect Cajon Boulevard; Cajon Boulevard
West to University Parkway/State Street; University Parkway North to
State Street; State Street North to Morgan Road; Morgan Road East to
Little Mountain Drive; Little Mountain Drive North to Kendall Drive.
Hazardous Fire Areas shall be inclusive of any additional land area,
whether publicly or privately owned, which the Fire Chief of the Fire
Department determines to be so situated or so inaccessible that fire upon
said land could present an abnormally difficult task of fire suppression.
Such additional land areas shall be designated on a map available to the
public and maintained by the Fire Department at the Central Fire Station,
200 East Third Street, San Bernardino. The Fire Chief shall provide a
written description of the bouodaries of any additional land area to the
City Clerk who shall provide for publication of notice thereof pursuant to
the provisions of California Government Code 6061 (MC-I023, 5-18-98;
Ord. MC-984, 11-4-96)
FINDINGS, A.B.C.D.E.F APPLY
15.16.120 Spark Arrester defined.
Section 220-S of the California Fire Code is amended by adding the following
definition:
SPARK ARRESTER is a device constructed of stainless steel, aluminum,
copper, or brass, woven galvanized wire mesh, nineteen gauge minimum or
three-eighths inch minimum to one-half inch maximum .openings, mounted in
or over all outside flue openings in a vertical or near vertical post, adequately
supported to prevent movement and to be visible from the ground.
FINDINGS, A.B.C.D.E.F APPLY
15.16.121 Safe and Sane Fireworks defined.
Section 220-S of the California Fire Code is amended by adding the following
definition:
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Safe and Sane Fireworks means any fireworks which do not come within the
definition of "dangerous fireworks" or "exempt fireworks" as defined in the
California Health and Safety Code.
FINDINGS, A,B,C,D,E,F APPLY
15.16.125 Fire Lane, No Parking.
Section 901.4.2 of the California Fire Code is amended to read as follows:
901.4.2 Fire apparatus access roads. As directed by the Fire Chief, the owner or
individual in control of emergency access roadways and streets in private
developments shall paint curbs red and label in six inch by one-half inch white
letters "NO PARKING-FIRE LANE" every twenty-feet where parking is not
allowed.
and/or
Conspicuously post legible, permanent all-weather signs with lettering having a
minimum height of two inches and a minimum width of one-half inch every
fifty feet. Signs are to read "NO PARKING-FIRE LANE".
FINDINGS, A,B,C,D,E,F APPLY
15.16.126 Premises Identification.
Section 901.4.4 of the California Fire Code is amended by adding the following
Section:
901.4.4.1 Premises Identification. Approved numbers shall be a minimum of 6"
high if the building is 100 lineal feet or less on the street elevation. If greater
than 100 lineal feet, numbers shall be a minimum of 12" high.
15.16.130 Fire Protection Equipment & Fire Hydrants.
Section 901.4.3 of the California Fire Code is amended to read as follows:
901.4.3 Fire protection equipment and fire hydrants. 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
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from the hydrant with white coJor 'painted six inch by one-half inch letters
stating "NO PARKING" on both sides of the hydrant.
FINDINGS: A.B.C.D.E.F APPLY
15.16.135 Fire Department Access.
. Section 902.2.1 of the California Fire Code is amended to read as follows:
902.2.1 Required Access. Fire apparatus access roads shall be required for
every building hereafter constructed. The access roadway shall be extended to
within one hundred fifty (150) feet of, and shall give reasonable access to, all
portions of the exterior walls of the first story of any building. An access road
shall be provided within fifty (50) feet of all multiple story buildings or when
the natural grade between the access road and building is in excess of thirty
(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 Chief.
Access door(s) shall be provided at near ground level for firefighting purposes
in accordance with the California Building Standards Code. There shall be at
least one door not less than (3) feet in width and not less than six (6) feet eight
(8) inches in height in each one hundred (100) lineal feet or major fraction
thereof of the exterior wall which faces the access roadway. Metal roll-up
doors are not acceptable for such purposes.
More than one fire apparatus access road shall be provided when it is
determined by the Fire Chief that access by a single road might be impaired by
vehicle congestion, condition of terrain, climatic conditions or other factors that
could limit access.
Exceptions:
1. When buildings are completely protected with an approved automatic fire
sprinkler system, the provisions of Section 902.2.1 may be modified by the
Chief.
2. When access roads cannot be installed due to location on property,
topography, waterways, nonnegotiable grades or other similar conditions,
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the chief is authorized to require additional fire protection as specified in
Section 1001.9.
3. When there are not more than two Group R, Division 3, or Group U
Occupancies, the requirements of Sections 902.2. I and 902.2.2 may be
modified by the Chief.
FINDINGS: A,C,D,E,F APPLY
15.16.140 Maintenance of Access Roadways.
Section 902.2.4.1 of the California Fire Code is amended to read as follows:
902.2.4.1 General. The required width of the fire apparatus access road shall
not be obstructed in any manner, including parking of vehicles. Minimum
required widths and clearances established under Section 902.2.2.1. shall be
maintained at all times.
Entrances to roads, trails or other access ways, which have been closed with
gates and barriers in accordance with Section 902.2.4.2 shall not be obstructed
by parked vehicles.
Any obstruction or impedance with reasonable access may be removed or
repaired forthwith by any public safety agency. The expense of removal or
repair is to be borne by the owner of the roadway. In the case of an obstructing
vehicle or object, the expense is to be borne by the owner of said vehicle or
object.
Prior to combustible construction, the owner or contractor shall provide and
maintain concrete or asphalt roadways that will support the imposed loads of
emergency apparatus in all weather conditions.
FINDINGS: A,B,C,D.E.F APPLY
15.16.145 Fire Appliances.
Section 100 1.10 of the California Fire Code is amended to read as follows:
1001.10 Fire Appliances. The Chief is authorized to designate the type and
number of fire appliances to be installed and maintained in and upon all
buildings and premises in the jurisdiction. This designation shall be based on
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the relative severity of {Jrobable fire,' including the rapidity with which it could
spread. Such appliances shall be of a type suitable for the probable class of fire
associated with such building or premises and shall have the approval of the
Chief.
FINDINGS, A.C.D.E.F APPLY
15.16.150 Fire Extinguishing Systems.
Section 1003.1.1 of the California Fire Code IS amended by adding the
following section:
1003.1.1.1 Fire Department Connections. For each building and/or system at
least 1 fire department connection shall be installed in an approved location at
least 40' from the building.
FINDINGS, A.C.D.E.F APPLY
15.16.155 Automatic Fire Extinguishing Systems.
Section 1003.2.1 of the California Fire Code is amended to read as follows:
1003.2.1 General. An automatic fire extinguishing system shall be installed in
all newly constructed buildings where the square footage is 5,000 square feet or
more, and throughout all occupancies as set forth in this section. This section
shall apply to the following:
1. The existing building square footage is increased to 5000 square feet or
more, or the existing square footage is 5,000 or more and any additional
square footage or appendage is added.
2. The existing building is, or exceeds 5000 square feet and the cumulative
amount of remodeling, rehabilitation or repairs exceed 50% or more of the
total floor area of the building, as determined by the Chief and Building
Official.
3. In buildings that are, or exceed 5000 square feet which have been vacant, or
lack a verifiable legal occupancy for a period of 365 days. (San Bernardino
Municipal Code Title 5 and Title 15)
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4. ildings which are, or exceed 5000 square feet and have a change in use or
oc pancy classification, which increases the fire hazard of the structure or
the I e safety of the occupants as determined by the Chief.
5. Buildin s which have had an occupancy change and exceed the maximum
allowabl square footage per occupancy type as set forth in the California
Building de, Chapter 9.
For purposes 0 this section, area separation walls shall not define separate
buildings. A cle unattached space of not less than (10) feet shall define
separate buildings.
FINDINGS: A,8,C,D,E,F APPLY
15.16.165 Existing Gro p R Occupancies.
Section 1006.2.9.2.1 of t11 California Fire Code is amended by adding the
following:
1006.2.9.2.1 Existing Group Occupancies. Existing Group R occupancies
shall be provided with an appr ved Fire Alarm system in accordance with
Section 1006.2.9 and Chapter 35 0 the California Building Standards Code.
Exception: Single family residences n t used as state licensed facilities.
FINDINGS: A,B,C.D,E.F APPLY
15.16.170 Power Source.
Section 1007.2.9.2.3 of the California Fire Code's amended to read as follows:
1007.2.9.2.3 Power Source. When required by th Chief, in existing Group R
Occupancies, single station smoke detectors shall r eive their primary power
from the building wiring, provided that such . 'ng is served from a
commercial source. The wiring shall be permanent and ithout a disconnecting
switch other than those required for overcurrent protectio
FINDINGS: A,B,C,D.E,F APPLY
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15.16.175 Locations of Smoke Detectors in Existing Group R Occupancies.
Section 1006.2.9.3.3 of the California Fire Code is amended to read as follows:
1006.2.9.3.3 Locations of Smoke Detectors. Locations within existing Group R
Occupancies. Smoke detectors shall be installed/mounted as prescribed in
California Building Code, Section 310.
FINDINGS, A.B.C.D.E.F APPLY
15.16.180 Permits and Plans.
Section 1101.3 of the California Fire Code is amended to read as follows:
1101.3 Permits and Plans: The Fire Chief may require permits and/or plans for
operations within this Section. Fees for such permits will be established by
Resolution of the Mayor and Common Council.
FINDINGS, A.B.C.D.E.F APPLY
15.16.181 Fire Watch
Section 1101 of the California Fire Code is amended by adding the following:
1101.4 Fire Watch. Fire Watch as defined in Section 207-F shall be
conducted/performed, whenever it is determined by the Chief that any condition
exists that may endanger lives and/or property. Persons conducting Fire Watch
shall be approved and subject to the Fire Chiefs orders during the Fire Watch.
FINDINGS, A.B.C.D.E.F APPLY
15.16.185 Open Burning.
Section 1102.3.5 of the California Fire Code is amended to read as follows:
1102.3.5 Location. Open burning shall be conducted only in areas approved by
the Chief.
FINDINGS, A.B.C.D.E.F APPLY
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15.16.190 Recreational Fires.
Section 1102.4.2 of the California Fire Code is amended to read as follows:
1102.4.2 Location. Recreational fires shall not be conducted in the area of the
City defined as a "Hazardous Fire Area" or within 25 feet of a structure or
combustible materials, unless contained in a barbecue pit. Conditions which
could cause a fire to spread to within 25 feet of a structure shall be eliminated
prior to ignition.
FINDINGS, A.B,C,D.E.F APPLY
15.16.195 Accumulation of Waste Material.
Section 1103.1 of the California Fire Code is amended by adding the following
Section:
1103.1.1 Abatement. In the event that abatement is not performed as required
in this section, the Fire Chief may cause such abatement by giving notice to the
owner of the property upon which such conditions exists to correct such
condition. If the owner fails to correct such prohibited 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. Summary abatements
shall be in accordance with San Bernardino Municipal Code 8.18.082.
FINDINGS, A,B,C.D,E,F APPLY
15.16.200 Individual Piles.
Section 1103.3.6.2 of the California Fire Code is amended to read as follows:
1103.3.6.2 Individual piles. Tires shall be restricted to individual piles not
exceeding 2,500 square feet of continuous area. Piles shall not exceed 25,000
cubic feet in volume or 10 feet in height
FINDINGS, A.B.C,D.E.F APPLY
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15.16.205 Sparks from Chimn~ys.
Section 1109.7 of the California Fire Code is amended to read as follows:
1109.7 Sparks from Chimneys. Each chimney used in conjunction with any
fIreplace or any heating appliance in which solid orliquid fuels are used shall
be maintained with an approved spark arrester. An approved spark arrester
shall mean a device constructed of stainless steel, aluminum, copper, or brass,
woven galvanized wire mesh, nineteen gauge minimum or three-eighths inch
minimum to one-half inch maximum openings, mounted in or over all outside
flue openings in a vertical or near vertical position, adequately supported to
prevent movement and to be visible from the ground.
FINDINGS, A,B,C,D,E,F APPLY
15.16.210 Requirements for Use of Candles and Other Open Flame
Decorative Devices.
Section 1109.8.1 of the California Fire Code is amended to read as follows:
1109.8,1. General. Candles and other open-flame devices. Candles and other
open-flame devices shall not be used in places of assembly or in drinking or
dining establishments unless approved by the Chief, in accordance with Section
1109.8
FINDINGS, A,B,C,D,E,F APPLY
Section 1109.8.3 of the California Fire Code is amended to read as follows:
1109.8.3 Lighted hand-held candles shall not be permitted or used.
FINDINGS, A,B,C.D,E.F APPLY
15.16.215 Fire Damage.
Section 1110.3 of the California Fire Code is amended by adding the following:
1110.3.1 Fire Damage. The owner, occupant or other persons under his control,
having 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 as determined by the Chief.
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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, as determined by the Chief.
FINDINGS: A.B,C.D,E,F APPLY
15.16.220 False Alarm.
Section 1302.3 of the California Fire Code is amended to read as follows:
1302.3 False Alarms. False alarms shall not be givep. signaled or transmitted or
caused or permitted to be given, signaled or transmitted in any manner. Failure
to comply with this Section will result in penalties charged as prescribed in
Section 101.5 (Liabilities) of the California Fire Code.
FINDINGS: A.B,C,D,E,F APPLY
15.16.225 Emergency Plans.
Section 1303.1 of the California Fire Code is amended to read as follows:
1303.1 General. Emergency plans, staff training and fire drills shall be
provided in accordance with Section 1303. All plans and procedures shall be
submitted to the Fire Department for approval. See also Appendix I-B
FINDINGS: A,B,C,D,E.F APPLY
15.16.230 Use of Candles and Other Open Flame Devices in Places of
Assembly.
Section 2501.17 of the California Fire Code is amended to read as follows:
2501.17 Candles and other open-flame devices. Candles and other open-flame
devices shall not be used in places of assembly or in drinking or dining
establishments.
EXCEPTIONS: Reference Section 1109.8
FINDINGS: A.C.D.E.F APPLY
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15.16.235 Standby Personnel for PUblic Gatherings.
Section 2501.18 of the California Fire Code is amended to read as follows:
Section 2501.18 Standby Personnel. Whenever, in the opinion of the Fire
Chief, it is essential for public safety in any place of public assembly or any
other place where people congregate, due to the number of persons, or the
nature of the performance, exhibition, display, contest or activity, the owner,
agent or lessee shall reimburse the Fire Department for one or more qualified
persons as required and approved by the Fire Chief to be on duty at such place.
Such individuals shall be subject to the Fire Chief's orders at all times when so
employed and shall remain on duty during the time such places are open to the
public, or when such activity is being conducted. Before each performance or
the start of such activity, said personnel shall inspect the required fire
appliances provided to determine that such devices are in proper place and in
good working order and inspect exits and aisles to ensure such passageways are
clear and adequate, and shall keep diligent watch for any safety violations
during the time such place is open to the public or such activity is being
conducted and take prompt measures for correcting problems that may occur.
Such individuals shall not be required or permitted, while on duty, to perform
any other duties than those herein specified.
FINDINGS, A,C,D,E,F APPLY
15.16.241 Compressed Natural Gas Motor Vehicle Fuel-Dispensing
Stations.
Section 5204.1 of the California Fire Code is amended by adding the following:
5204.1.1 Compressed Natural Gas (CNG). Facilities utilizing unodorized CNG
shall have additional fire protec~ion features as required by the Chief.
FINDINGS, A,C,D,E,F APPLY
15.16.245 Compressed Gasses-Use and Handling.
Section 7403.1 of the California Fire Code is amended by adding the following:
Section 7403.1.10 Use of compressed gas in buildings. Compressed gas shall
not be used for the purpose of heating in any building.
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EXCEPTION: Except as provided in Section 8203.2.1.3.
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15.16.246 Storage of Explosives and Blasting Agents.
Section 7701.7.2 of the. California Fire Code is amended to read as follows:
7701.7.2 Limits Established by Law. The storage of explosives and blasting
agents is prohibited in principal business districts, closely built commercial
areas, heavily populated areas, and residential areas.
FINDINGS, A.C.D.E,F APPLY
15.16.247 Storage of Explosive Materials.
Section 7702.2.1.1 of the California Fire Code is amended to read as follows:
7702.2.1.1 Storage. The maximum quantities, storage conditions, and fIre
protection requirements for gunpowder and ammunition stored in a building
shall be as follows:
1. Smokeless powder 50 pounds in a Type 4 magazine.
The rest of the section will remain as written
Section 7702.2.2 of the California Fire Code is amended to read as follows:
7702.2.2 Magazine Size. Indoor magazines shall not be of a size greater than
the exit door or contain more than 50 pounds of explosive materials.
Section 7702.2.3 of the California Fire Code is amended to read as follows:
7702.2.3 Powder. The amount of powder stored in an indoor magazine shall
not exceed 50 pounds.
Section 7702.3.2 of the California Fire Code is amended to read as follows:
7702.3.2 ClassifIcation and Use of Magazines. Magazines shall be constructed
and used in accordance with Title 27, Code of Federal Regulations, Part 55,
Subpart K, and Title 19, Uniform Code of Regulations, Subchapter 6, Section
989, as amended.
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The rest of this section remains as written.
FINDINGS: A.C.D.E,F APPLY
15.16.250 Permits for Fireworks.
Section 7801.3 of the California Fire Code is amended to read as follows:
7801.3 Permits, 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 for sale, sell at retail or use or explode any fIrework; 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, other organization, or for the use of
fIreworks by artisans in pursuit of their trade, Every such use of display shall
be handled by a competent operator approved by the Fire Chief or his
designated representative, Such fIreworks shall be handled in a manner not
hazardous to property or to endanger any person,
FINDINGS: A.B.C.D.E.F APPLY
15.16.255 Seizure of Fireworks.
Section 7802,2 of the California Fire Code is amended to read as follows:
7802,2 Seizure of Fireworks. The Chief or Law Enforcement agency is
authorized to seize, take, remove or cause to be removed, at the expense of the
. owner, all stocks of fIreworks offered or exposed for sale, stored or held in
violation of Article 78 or the San Bernardino Municipal Code.
FINDINGS: A.B.C.D.E,F APPLY
15.16.256 Storage of Flammable and Combustible Liquids.
Section 7902.1 of the California Fire Code is amended by adding the following:
7902.1.1.1 Storage of Flammable and Combustible Liquids. The storage of
flammable and combustible liquids in outside aboveground unprotected tanks
and below grade vaulted tanks are prohibited in all commercial occupancy
areas, developed residential areas, and other areas where the chief determines
that the installation of flammable and combustible aboveground storage tanks
or below ground vaulted tanks will create a hazard to occupants and property
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owners in the area. Deviation from these requirements may be allowed only
upon specific written findings by the chief.
FINDINGS: A,C,D,E,F APPLY
15.16.257 Additional Requirements for Tanks Located Within Below-
Grade Vaults.
Section 7902.1.10.1 of the California Fire Code is amended to read as follows:
Section 7902.1.10.1 General. Storage of flammable or combustible liquids in
tanks located within below-grade vaults shall be in accordance with Section
7902.1.10 and the San Bernardino County Fire Chiefs Policy.
FINDINGS: A,C,D,E,F APPLY
15.16.258 Protected Aboveground Tanks.
Section 7902.2.8.2 of the California Fire Code is amended to read as follows:
7902.2.8.2 Protected Aboveground Tanks. Protected aboveground tanks shall
be provided with secondary containment that is a component of the listed
protected aboveground tank. The method of monitoring shall be in accordance
with Article 79. Enclosed secondary containment shall be provided with
emergency venting.
FINDINGS: A,C,D,E,F APPLY
15.16.260 Diked Areas.
Section 7902.2.8.4 of the California Fire Code IS amended by adding the
following:
7902.2.8.4.9 Distance. The distance between the inside of any dike and the
shell of any tank not over 30 feet in diameter shall be not less than 5 feet. For
tanks over 30 feet in diameter, the distance shall be not less than 10 feet.
FINDINGS: A,C.D,E,F APPLY
15.16.265 Tank Location.
Section 7904.2.5.4.1 of the California Fire Code is amended to read as follows:
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7904.2.5.4.1 General. Tanks containing Class I and II liquids shall be kept
outside of and at least 50 feet from buildings, property lines, and combustible
storage. Additional distance shall be provided when necessary to ensure that
vehicles, equipment and containers being filled directly from such tanks will be
not less than 50 feet from structures, haystacks and other combustible storage.
FINDINGS, A.C.D.E.F APPLY
15.16.270 LP-Gas permits, Plans and Records.
Section 8202.1 of the California Fire Code is amended by adding the following:
8202.1.1 Permits and Plans. When a commercial installation is 125-gallon
aggregate water capacity or greater, the installer shall submit plans for such
installation.
FINDINGS, A.B.C.D.E.F APPLY
15.16.275 Installation of Equipment-Liquefied Petroleum Gases.
Section 8203.2.1.3 of the California Fire Code is amended to read as follows:
8203.2.1.3 Construction and temporary heating. Portable containers are allowed
to be used in buildings or areas of buildings undergoing construction.
FINDINGS, A.B.C.D.E.F APPLY
15.16.276 Bulk Storage of Liquefied Petroleum Gases.
Section 8204.2 of the California Fire Code is amended to read as follows:
8204.2 Maximum Capacity within Established Limits. The aggregate capacity
of anyone installation for the bulk storage of liquefied petroleum gas shall not
exceed 2,000 water gallons in residential areas. In non-residential areas, when,
in the opinion of the chief, the location of bulk storage of liquefied petroleum
gases would create a threat to the occupants and property owners, the aggregate
storage capacity of liquefied petroleum gas shall also be limited to 2,000 water
gallons.
FINDINGS, A.C.D.E.F APPLY
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15.16.280 Standards.
Section9003n.2 of the California Fire Code is amended by adding the
following:
Section 9003n.2. National Fire Protection Association. All currently adopted
volumes and supplements.
15.16.290 Modifications Fire Flow.
Appendix III-A Section 3.2 of the California Fire Code is amended to add the
following:
3.2 Area Separations. Exception: For purposes of fire sprinklers use Section
1003.2.1.
Appendix III-A Section 4.1 of the California Fire Code is amended to add the
following:
4.1 One and Two Family Dwellings. Exception: The resulting fire flow shall
not be less than 1000 gallons per minute in the Foothill Fire Zone Overlay
District, Zones A, B, C.
FINDINGS: A,B.C,D.E,F APPLY
15.16.400 Authorized Fire Chief Representative.
Pursuant to California Fire Code Section 101.2.2.2 and California Building
Code Section 101.17.14 the Building Official is hereby authroized to act as an
authorized representative of the Fire Chief to enforce building standards
adopted by the California State Fire marshal related to new construction or
alterations.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16
OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE 2001
CALIFORNIA FIRE CODE, WITH APPENDICES, AND INCORPORATING BY
REFERENCE THE 2000 EDITION OF THE UNIFORM FIRE CODE VOLUME 1
WITH ERRATA OF THE WESTERN FIRE CHIEFS ASSOCIATION, AND WITH
NECESSARY CALIFORNIA AMENDMENTS, TOGETHER WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 24, AND THE UNIFORM FIRE CODE
VOLUME 2 STANDARDS 1997 EDITION AS AMENDED BY THE 2000 UNIFORM
FIRE CODE STANDARDS.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a meeting thereof, held on the
day of , 2002, by the following vote, to-wit:
Council Members:
Aves
Navs
Abstain
Absent
ESTRADA
LIEN
MCGINNIS
DERRY
McCAMMACK
ANDERSON
SUAREZ
Rachel Clark, City Clerk
The forgoing ordinance is hereby approved this
day of
,2002.
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
~1
By I~ 1-(~
o
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16
OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE 2001
CALIFORNIA FIRE CODE, WITH APPENDICES, AND INCORPORATING BY
REFERENCE THE 2000 EDITION OF THE UNIFORM FIRE CODE VOLUME 1
WITH ERRATA OF THE WESTERN FIRE CHIEFS ASSOCIATION, AND WITH
NECESSARY CALIFORNIA AMENDMENTS, TOGETHER WITH CALIFORNIA
CODE OF REGULA nONS, TITLE 24, AND THE UNIFORM FIRE CODE VOLUME
l STANDARDS 1997 EDITION AS AMENDED BY THE 2000 UNIFORM FIRE CODE
STANDARDS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
Section l. Findings. The Mayor and Common Council of the City of
San Bernardino do hereby find and declare pursuant to California Health
and Safety Code Sections 17958, 17958.5, and 17958.7 the following:
a. Adverse climatic conditions increase the likelihood of fire. Minor fires
can rapidly spread to large ones due to extreme heat, frequent periods of
drought, low humidity, and yearly winds (Santa Ana), which have been
recorded to reach gusts in excess of 90 miles per hour.
b. Existing structures with wood shingles and shakes may contribute to the
rapid spread of fire to adjacent structures. Although wood shingles and shakes
are no longer approved for new construction in the City, there are many
existing structures with this type of roofing material.
c. There is an increased danger of fire because of natural vegetation including
grass, chaparral, manzanita, and chamois. Another factor that increases the risk
of fue danger to the City is elevation changes from gradual, to in excess of
30%, which include areas within the wildland interface area. Increased
development has created additional vehicular traffic on surface streets,
freeways bisect the City at the north end and west end, and a freeway borders
the City of the south end. Flood Control channels, railways, natural streams and
the Santa Ana river also impede responses within the City limits. The rapid
increase in single family dwellings and industrial buildings has created many
new streets, creating some dead-end streets, additional traffic signals have been
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installed, all of which increase the response time of frre apparatus, thereby
creating a greater risk of life and property from frre.
d. There are portions of the City in the Hazardous Fire Area, where water
supply is very limited. Private tanks located on the homeowner's property often
provide the only available water supply for fIfefrghting purposes. Public fife
hydrants, with appropriate frre-flow, are located several thousand feet from
these structures.
e. The City has within its boundary potentially active seismic hazards.
Seismic activity occurs within the City and a fife potential exists with these
active faults. Existing structures and planned new developments are at serious
risk from these faults.
f. Due to these local climatic, geological and topographical conditions,
there is an express need for changes and modifrcations in the +99& 2001 Edition
of the California Fire Code.
Section 2. San Bernardino Municipal Code, Chapter 15.16 is amended to
read as follows:
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 California Fire Code.
15.16.020 Code Adopted
The +99& 2001 Edition of the "California Fire Code" together with the
California Code of Regulations, Title 24, and Appendices I-A, I-B, I-C, II-A, lI-
B, II-C, II-D, II-E, II-F, II--G, II-H, II-I, IH, II-K, III-A, III-AA, III-B, III-BB,
III-C, III-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-C, VI-D, W-B, J,lJ-F, VI-G, VI-
H, VI-I, VI-I, VI-K inclusive, and the 1997 Edition of the Uniform Fire Code
Standards as amended by the 2000 Uniform Fire Code Standards wHft
ameBameats as compiled and promulgated by the International Conference of
Building Offrcials and Western Fire Chiefs Association, and as modifred by this
chapter, and the National Fire Protection Association Standard 13 for the
installation of sprinkler systems, in its entirety, are adopted by this reference
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and incorporated in the Municipal Code of the City of San Bernardino. The
provisions of the California Fire Code, and Uniform Fire Code Standards shall
apply to all areas within the jurisdiction of the City of San Bernardino. One
copy of the W9& 2001 Edition of the California Fire Code, including California
Amendments and Appendices, and one copy of the Uniform Fire Code
Standards are on file in the Office of the City Clerk.
15.16.030 Definitions.
A. Whenever "jurisdiction" is used in the California Fire Code, it shall mean
the City of San Bernardino.
B. Whenever "chief' is used in the California Fire Code it shall mean the
Chief of the Fire Department of the City of San Bernardino, hereinafter
called "Fire Chief', or the Chiefs authorized representative.
C. Whenever "corporation counsel" is used in the California Fire Code, it shall
mean the City Attorney of the City of San Bernardino.
D. Whenever "Chief of the Bureau of Fire Prevention" is used in the California
Fire Code, it shall mean "Fire Marshal" or "Fire Prevention Engineer".
15.16.040 Amendments.
The following sections and provisions of the California Fire Code, (W9& 2001
Edition) are amended to read as set forth in Sections 15.16.045 through
15.16.300.
15.16.045 Liability
Section 101.5 of the California Fire Code is amended to add the following:
101.5.1 Cost Recovery.
1. Fire suppression, investigation, rescue or emergency medical costs are
recoverable in accordance with California Health and Safety Code, Sections
13009 and 13009.1.
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2. Any person who negligently or intentionally, or in violation of the law
causes an' emergency response is liable for the costs of securing such
emergency. This shall include but not be limited to situations such as false
alarms, traffic accidents, fire watch, or spills of toxic or flammable fluid or
chemicals. Expenses incurred by the Fire Department for securing such
emergency situation shall constitute a debt of such persons and is collectable by
the Fire Chief in the same manner as in the case of any obligation under
contract, expressed or implied.
FINDINGS, A.B.C.D.E.F APPLY
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Section 103.1.4.1 of the California Fire Code is amended to read as follows:
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103.1.4.1. Appeals. The applicant may appeal the Fire Chiefs denial,
suspension or revocation of a permit or his/her interpretation of this code to the
Mayer aHa CommoB CS\:IBeil Fire Commission within ten days from the date of
notice of the decision. The Mayor aHa CeHlffi<)B CeuBsil Fire Commission
shall render its decision and findings in writing to the Fire Chief with a
duplicate copy to the applicant.
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103.1.4.1.1 Appeal Fees. When appeals are filed, a processing fee in an amount
established by resolution of the Mayor and Common Council shall be paid by
the applicant to research and process the appeal. The fee shall be paid to the
Fire Department.
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15.16.055 Authority for Enforcement.
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Section 103.2.1.1 of the California Fire Code is amended to read as follows:
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Section 103.2.1.1 General. 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 laws of the state pertaining to:
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1. The prevention of fire.
2. The suppression or extinguishing of dangerous or hazardous fires.
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3. The storage, use and handling of explosive, flammable, combustible, toxic,
corrosive and other hazardous, gaseous, solid and liquid materials.
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4. The installation and maintenance of all al:ltomatie ami manl:lal fIre alarJ.'R
aHd eKtiRgl:liskiRg llflplianees, systems aHa eEil:lipmeRt fire svrinkler
systems. fire hydrant systems, standvive systems, fire alarm systems,
vortable fire extim!uishers, smoke and heat ventilators, smoke removal
systems. and other fire vrotective or extim!uishinfl systems or avvliances.
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5. The maintenance and regulation of fire escapes.
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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.
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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, and all other places in which people work, live or
congregate from time to time for any purpose.
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8. The investigation of the cause, origin and circumstances of fire and
unauthorized releases of hazardous materials.
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For authority related to control and investiflation of emerflenCy scenes, see
Section 104.
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15.16.060 Fire Prevention Bureau Personnel and Police.
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Section 103 .2.1.2 of the California Fire Code is amended to read as follows:
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103.2.1.2. The Chief and members of the fire prevention bureau shall have the
powers of a peace officer as defined in Section 830.37 of the Penal Code, in
performing their duties under this code.
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It is the duty of, and the following persons are hereby authorized to enforce the
provisions of this code and make arrests and issue citations as authorized by
law:
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1. Fire Chief, Deputy Chief, Fire Marshal, Battalion Chiefs, Fire
Investigators, Captains, Engineers, Firefighters, Firefighter/Pararnediq,
Fire Plan Checker, and Fire Prevention Officers.
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2. When requested to do so by the Fire Chief, the Chief of Police is
authorized to assign such available police officers as necessary to assist the
fire department in enforcing the provisions of this code.
FINDINGS, A.B.C.D.E.F APPLY
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15.16.061 Commencement of Proceedings.
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Section 103.4 of the California Fire Code is amended by addinf! the followinrt
Section:
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103.4.7 Abatement Proceedinf!s. Whenever the Fire Chief or his/her designated
representative reasonably believes a violation of the California Fire Code exists,
he/she shall commence abatement proceedings in accordance with Chapter 8.30
of the San Bernardino Municipal Code. All hearings shall be conducted by the
Fire Chief or his/her designee ("Hearing Officer"). The Hearing Officer may
hear matters pertaining to both California Fire Code violations and/or public
nuisance violations as enumerated in Section 8.30.010. (Ord. MC-1015, 1-26-
98)
FINDINGS, A,B.C,D.E.F APPLY
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1$.16.1)(12 15.16.087 Emergency Abatement/Closure Procedure
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Section 103.4 of the California Fire Code is amended by addinf! the followinf!
section:
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103.4.8 Emenzency Abatement/Closure Procedure.
A. Not withstanding any other provision of this Chapter with reference to the
Abatement of California Fire Code violations, whenever the Fire Chief or
his/her duly authorized representative determines that property, a building
or structure is structurally unsafe, or constitutes a fire hazard, or endangers
the life, health, property or safety of the public or its occupants, and such
condition constitutes an immediate hazard or danger, he or she shall,
immediately and forthwith abate the existing pHblie BHisaaee immediate
hazard or danf!er, including but not limited to the closure of the property.
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B. In lieu of the sununary abatement hearing procedures for Dangerous
Buildings in Section I5.28.MQ, the Fire Chief or his/her duly authorized
representative shall mail, inunediately after such emergency
abatement/closure, a Notice of Hearing to the owners of the real property
upon which the structure is located. Notice shall be mailed to the address
as ascertained from title company records, the latest assessment roll of the
County Assessor, or if no address is so shown, to the address of the
property as such address may be known by the Fire Chief or duly authorize
representative. Such notice shall contain the following information:
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that a Hearing has been scheduled within t'::eRty (20) ten (10) days
of such emergency abatement/closure action before the Fire Chief or
his/her designee ("Hearing Officer") with the date, time and location
of such Hearing;
that emergency action was taken with regards to the property;
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2)
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3) the reason why he/she has taken the action.
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At the hearing, the Hearing Officer shall consider all relevant evidence,
including, but not limited to, applicable staff reports. He or she shall give
any interested person a reasonable opportunity to be heard in conjunction
therewith. Based upon the evidence so presented, the Hearing Officer shall
determine whether the emergency action was warranted. The hearing shall
not be conducted according to formal rules of evidence or procedure, but
shall be conducted III a manner generally complying with the
Administrative Procedure Act at Government Code Section 11370, et seq.
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C. The expense of the abatement shall be itemized and after a hearing, notice
of which is given in substantial compliance with Section 8.30.040, relating
to the emergency nature of the abatement and the expenses incurred
constitute a special assessment and lien against the abated parcel as set
forth in Sections 8.30.110, 8.30.120, aftEl8.30.130, and 8.30.150.
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FINDINGS, A,8,C,D,E,F APPLY
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15.16.065 Inspections & Inspection Fees.
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Section 103.3.1.1 of the California Fire Code is amended to read as follows:
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103.3.1.1. Authority to inspect. The fire flFeveB:tiOR aerea\!. devartment shall
inspect, as often as necessary, buildings, events and premises, including such
other hazards or appliances designated by the Fire Chief for the purpose of
ascertaining and causing to be corrected any conditions which would
reasonably tend to cause fire or contribute to its spread, or any violation of the
purpose or provisions of this code and of any other law or standard affecting
fire, life and health safety.
103.3.1.1.1 Inspection Fees. A fee shall be charged for the following types of
inspections:
x = Annual Inspection Fee Y = Individual Inspection
Y General Use
1. Any activity or operation not specifically described in other permits, which
is likely to produce conditions hazardous to life or property.
2. Anv residential building used for licensed day care. adult residential care.
grouv homes. or for room and board homes.
X Educational Buildings
1. Buildings used for educational purposes through Ith grade by 50 or more
persons for more than 12 hours per week or for more than 4 hours in one
day.
2. Any nonresidential building used for day care (more than 6
persons/children).
3. Any residential building used for day care (more than 6 persons).
X High Rise
1. Buildings having floors used for human occupancy located more than 75
feet above the lowest level of fire department vehicle access.
X Protective Social Care Facilities
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1. Nurseries for full time care of children 1:lR8ef Hle age af {l. Hospitals,
sanitariums, nursing homes ,....ith ROR amsalatory g1:lests, convalescent
hosvitals. and similar buildings.
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2. Hospitals
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a. Ha':iRg less thaR 190 seds.
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3. Sanitariums
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a. HayiRg 5 sr less ebeRts.
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b. HayiRg e Sf more elieRts.
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5. Residential Care Facilities
X Restrained Facilities
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1. Mental hospitals, mental sanitariums, jails, prisons, reformatories, and
buildings where personal liberties are restrained.
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X Manufacture of Organic Coatings.
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X Auto Tire Rebuilding/Recvclin.l! Plants
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X Automobile Wrecking Yards
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X Cryogenic Fluids.
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X Bowling Pin or Alley Refinishing and/or Sanding
X Cellulose Nitrate Plastic, Pyroxlin
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2. Flammable
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1. Finishes - spray booth
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Underground Storage
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24 a. Per 1000 galleRS.
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a. 6Q ta 999 gallORS
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1. Occupant Load under 5000
2. Occupant Load 5000 or more
3. Movie Theaters
4. Clubs (lodges, Recreation Halls)
5. Churches
6. Dance Studios and Ballrooms)
7. Bowling Alleys and Billiard Parlors
8. Mortuaries and Cemetery Chapels
X Mechanical Refrigeration
X Tents and Air-Supported Structures
X Airports and Heliports
The amount of the fee for each type of inspection shall be established by
Resolutions of the Mayor and Common Council.
103.3.1.1.2 Routine Inspection Fees- An inspection fee may be charged for Fire
Department routine inspections and re-inspections of property to cover the costs
of such inspections. The amount of the inspection fee shall be established by
Resolution of the Mayor and Common Council.
1. The Fire Marshal may authorize refundiml of any fee which was
erroneollsly vaid or collected. ReQuests for refundinJ! of any fee vaid shall
be submitted by written avvlication no later than 180 days after the date of
fee vayment.
+:2. The property owner/occupant charged the inspection fee may avveal
reqHest the me Marshal aml/ar Hie Fire Chief to review the imposition or
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the amount of the fee. The reqaest shall be Hlaae ia writiag, withia 15
days from the aate of the first writtea aotiee of sa ell. fee beiag aae aHa
payaele. The aeeisisa sf the Fire Marshal aRa/ar Fife Chief shalle!! fiaal
ana eoaelasiv!! ia the afJseaee of an ElflJleal to the Mayer aHa eSlTHBEla
COl:lReil Aooeals related to fees shall be pursuant to Section 2.64 of the
San Bernardino Municipal Code.
FINDINGS: A.B,C,D,E,F APPLY
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15.16.070 New Construction and Alterations.
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Section 103.3.2.1 of the California Fire Code IS amended by adding the
following Section:
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103.3.2.1.1 Approval and Inspection Fees. A fee will be charged for permits,
plan checks and/or inspections for construction or work which requires Fire
Department approval. The amount of the fee shall be based oa the City af Safl
Bernardiao Deyelopmeatal Seryiees Seheaale sf Fees f-or PlaR Cheek and
Bailaiag Fees f-or Resiaeatial afla Commereial Coastraetiaa. established bv
Resolution of the Mavor and Common Council.
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103.3.2.1.2 Investigation Fees: Work without a Permit. Whenever any work for
which a permit is required by this code has been commenced without first
obtaining said permit, a special investigation shall be made before a permit may
be issued for such work. An investigation fee, in addition to the permit fee,
shall be collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the permit fee required by this code. The
payment of such investigation fee shall not exempt any person from compliance
with all other provisions of this code nor from any penalty prescribed by law.
The Fire Marshal may authorize refunding of any fee paid hereunder which was
erroneously paid or collected. The Fire Marshal may authorize refunding of not
more than 80 percent of the permit fee paid when no work has been done under
a permit issued in accordance with this code. The Fire Marshal may authorize
refunding of not more than 80 percent of the plan review fee paid when an
application for a permit for which a plan review fee has been paid, is withdrawn
or canceled before any plan reviewing is done. The Fire Marshal shall not
authorize refunding of any fee paid except on written application filed by the
original permittee not later than 180 days after the date of fee payment.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.075 Authorization to issue corrective orders and notices.
Section 103.4.1.1 of the California Fire Code is amended to read as follows:
103.4.1.1 General. When the chief finds in any building or on any premises
combustible, hazardous or explosive materials or dangerous accumulations of
rubbish; or finds unnecessary.accumulations of wastepaper, boxes, shavings or
any highly flammable materials which are so situated as to endanger life or
property; or finds obstructions to or on fire escapes, stairs, passageways, doors
or windows that reasonably tend to interfere with the operations of the fire
department or the egress of the occupants of such building or premises; or finds
that the effectiveness of any exit door, attic separation or any fire separation
wall is reduced; or finds that this code is being violated the chief is authorized
to issue orders as necessary, for the enforcement of the fire prevention laws and
ordinances governing the same, and for the safeguarding of life and property
from fire or any other situation which may effect the health safety of any person
occupyim.! buildinf;!s or premises.
See also .^.flfleRdiJl VI C
FINDINGS, A,B,C,D,E,F APPLY
15.16.080 Stopping Uses and Evacuation.
Section 103.4.1.3 of the California Fire Code is amended to read as follows:
103.4.1.3 Stopping uses, evacuation. The Fire Chief is authorized to order an
operation or use stopped or the evacuation of any premises, building or vehicle,
or portion thereof, which is a fire, life or health hazard.
FINDINGS, A,ll,C,D,E,F APPLY
15.16.085 Failure to Comply.
Section 103.4.3.1 of the California Fire Code IS amended by adding the
following:
103.4.3.1.1: Failure to comply with any order or notice issued by the Fire Chief
or his representative pursuant to aFtiele Section 103.4.3 of the California Fire
Code shall be a misdemeanor, which upon conviction thereof is punishable in
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accordance with the provisions of Section. 1.12.010 (A) and 1.12.020 of the San
Bernardino Municipal Code.
FINDINGS, A,B,C,D,E,F APPLY
15.16.086 Citations
Section 103.4.4 of the California Fire Code is amended to read as follows:
Section 103.4.4 Citations, Persons operatinQ or maintaininQ an occupancy.
premises or vehicle subiect to this code who allow a hazard to exist. or fail to
take immediate action to abate a hazard on such occupancy, premises or
vehicle when ordered or notified to do so bv the chief shall be Quilty of a
misdemeanor.
FINDINGS.' ABC DE F APPLY
15.16.090 Permits.
Section 105.2,1 of the California Fire Code is amended by adding the following
Section:
105,2,1.1 Fees. A fee will be charged for all permits inspections required in
Section 105.8 of this code. Charges shall be established by Resolution of the
Mayor and Common Council.
FINDINGS, A.B,C,D,E,F APPLY
15.16.095 Revocation of Permits.
Section 105.7 of the California Fire Code is amended to read as follows:
105.7 Revocation of Permits. Any permit or certificate issued under this code
may be suspended or revoked when it is determined that:
1. It is used by a person other than the person to whom the permit or
certificate was issued.
2. It is used for a location other than that for which it was issued.
3. Any of the conditions or limitations set forth in the permit or certificate
have been violated.
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4. The pe'rmittee fails, refuses or neglects to comply with any order or notice
duly served upon him under the provisions of this code within the time
period provided therein.
5. There has been any false statement or misrepresentation as to a material
fact in the application or plans on which the permit or application was
based.
6. The permit was issued in error or in violation of an ordinance, regulation or
this code.
FINDINGS: A.B.C.D,E,F APPLY
15.16.100 All Weather Driving Surface defined.
Section 202-A of the California Fire Code is amended by adding the following
definition:
ALL WEATHER DRIVING SURFACE is an approved concrete or asphalt
covering of sufficient thickness to support the imposed loads of fire apparatus.
FINDINGS: A,B.C.D,E,F APPLY
15.16.105 Fire Watch defined.
Section 207-F of the California Fire Code is amended by adding the following
definition:
FIRE WATCH is a method of safeguarding property when any condition or
violation of this code has caused an endangerment to property and lives. The
method shall be approved by the Fire Chief.
FINDINGS: A.C.D.E.F APPLY
15.16.110 Fireworks defined.
Section 207-F of the California Fire Code IS amended by amending the
definition of "Fireworks" to read as follows:
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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 constructiqp 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. "Saf-e aad SaHe Pire'Narks" as sefiaed ia Seetisa
12529 of the Health aad Safety Caee of the State of Califsmia are e](Seflted
from this defiaitisH raf "Fireworks".
FINDINGS, A.B.C.D.E.F APPLY
15.16.115 Hazardous Fire Area defined.
Section 209-H of the California Fire Code HAZARDOUS FIRE AREA is
amended by ati6iBg the follawiBg defiBitiaB: to read as follows:
HAZARDOUS FIRE AREA is land which is covered with grass, grain brush
or forest, whether privately or publicly owned, which is so situated or is of such
inaccessible location that fire originating upon such land would present an
abnormally difficult job of suppression or would result in great and unusual
damage through fire or resulting erosion. Such areas are designated as follows:
That area within the City lying north of a line extending Easterly from the
West City limits to the East City limits and bounded on the South side by
streets and highways as follows:
Barstow Freeway from West City limits to the intersection of Palm A venue
and the Barstow Freeway; Northerly from the Barstow Freeway on Palm
A venue to Kendall Drive; Easterly on Kendall Drive to 40th Street and
transition Easterly from the intersection of Kendall Drive and 40th Street;
on 40th Street; and continue Easterly to Mountain A venue; from the
intersection of 40th Street and Mountain A venue; Southerly on Mountain
A venue to 39th Street; Easterly on 39th Street to Del Rosa A venue;
Southerly from the intersection of 39th Street to Marshall Boulevard;
Easterly from the intersection of Del Rosa A venue and Marshall Boulevard
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on Marshall Boulevard; Marshall Boulevard to Victoria A venue; Victoria
A venue to Piedmont Drive; Piedmont Drive East to Diablo Drive; Diablo
Drive East to EI Toro Street; EI Toro Street extending East to IDghway
330; IDghway 330 South to IDghland A venue; thence East and South.
easterly along the centerline of IDghland A venue to the centerline of
Church Street.
Inclusive of area beginning at the intersection of Pacific Street and Del
Rosa Avenue; Pacific Street West to Perris Hill Park Road; Perris Hill
Park Road North in a line to intersect Highland Avenue; Highland Avenue
East to Del Rosa A venue; Del Rosa A venue South to Pacific Street.
Inclusive of area beginning at the intersection of Little Mountain Drive and
Kendall Drive; Kendall Drive East to 40th Street; 40th Street East to
Electric A venue; Electric A venue South to Thompson Place; Thompson
Place West to Mayfield Avenue; Mayfield Avenue South to 36th Street; 36th
Street West to "F" Street; "F" Street South to 33rd Street; 33rd Street West
to "H". Street' "H" Street South to Marshall Boulevard; Marshall
Boulevard West in a line to intersect Cajon Boulevard; Cajon Boulevard
West to University Parkway/State Street; University Parkway North to
State Street; State Street North to Morgan Road; Morgan Road East to
Little Mountain Drive; Little Mountain Drive North to Kendall Drive.
Hazardous Fire Areas eaR shall be inclusive of any additional land area,
whether publicly or privately owned, which the Fire Chief of the Fire
Department determines to be so situated or so inaccessible that fire upon
said land could present an abnormally difficult task of fire suppression.
Such additional land areas shall be designated on a map available to the
public and maintained by the Fire Department at the Central Fire Station,
200 East Third Street, San Bernardino. The Fire Chief shall provide a
written description of the boundaries of any additional land area to the
City Clerk who shall provide for publication of notice thereof pursuant to
the provisions of California Government Code 6061 (MC-I023, 5.18.98;
Ord. MC.984, 11-4-96)
FINDINGS, A,B,C,D,E,F APPLY
15.16.120 Spark Arrester defined.
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Section 220-S of the California Fire Code is amended by adding the following
definition:
SPARK ARRESTER is a device constructed of stainless steel, aluminum,
copper, or brass, woven galvanized wire mesh, nineteen gauge minimum or
three-eighths inch minimum to one-half inch maximum openings, mounted in
or over all outside flue openings in a vertical or near vertical post, adequately
supported to prevent movement and to be visible from the ground.
FINDINGS, A.B.C.D.E.F APPLY
15.16.121 Safe and Sane Fireworks defined.
Section 220-S of the California Fire Code is amended bv addim! the following
definition:
Safe and Sane Fireworks means any fireworks which do not come within the
definition of "dangerous fireworks" or "exemvt fireworks" as defined in the
California Health and Safety Code.
FINDINGS, A.B.C.D.E.F APPLY
15.16.125 Fire Lane, No Parking
Section 901.4.2 of the California Fire Code is amended to read as follows:
901.4.2 Fire apparatus access roads. As directed by the Fire Chief, the owner or
individual in control of emergency access roadways and streets in private
developments shall paint curbs red and label in six inch by one-half inch white
letters "NO PARKING-FIRE LANE" every twenty-feet where parking is not
allowed.
and/or
Conspicuously post legible, permanent all-weather signs with lettering having a
minimum height of two inches and a minimum width of one-half inch every
fifty feet. Signs are to read "NO PARKING-FIRE LANE".
FINDINGS, A.B.C.D.E.F APPLY
15.16.126 Premises Identification
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Section 901.4.4 of the California Fire Code is amended by adding the following
Section:
901.4.4.1 Premises Identification. Approved numbers shall be a minimum of 6"
high if the building is 100 lineal feet or less on the street elevation. If greater
than /00 lineal feet, numbers shall be a minimum of 12" high.
15.16.130 Fire Protection Equipment & Fire Hydrants
Section 901.4.3 of the California Fire Code is amended to read as follows:
901.4.3 Fire protection equipment and fire hydrants. 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 with white color painted six inch by one-half inch letters
stating "NO PARKING" on both sides of the hydrant.
FINDINGS, A,B.C.D.E.F APPLY
15.16.135 ."Aeeess Reads Fire Deoartment Access
Section 902.2.1 of the California Fire Code is amended to read as follows:
902.2.1 Required Access. Fire apparatus access roads shall be required for every
building hereafter constructed. The access roadway shall be extended to within
one hundred fifty (150) feet of, and shall give reasonable access to, all portions
of the exterior walls of the first story of any building. An access road shall be
provided within fifty (50) feet of all multiple story buildings or when the natural
grade between the access road and building is in excess of thirty (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 Chief.
Access door(s) shall be provided at near ground level for frrefighting purposes
in accordance with the California Building Standards Code. There shall be at
least one door not less than (3) feet in width and not less than six (6) feet eight
(8) inches in height in each one hundred (100) lineal feet or major fraction
thereof of the exterior wall which faces the access roadway. Metal roll-up
doors are not acceptable for such purposes.
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More than one fire apparatus access road shall be provided when it is
detennined by the Fire Chief that access by a single road might be impaired by
vehicle congestion, condition of terrain, climatic conditions or other factors that
could limit access.
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Exceptions:
6
1. When buildings are completely protected with an approved automatic fire
sprinkler system, the provisions of Section 902.2.1 may be modified by the
Chief.
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2. When access roads cannot be installed due to location on property,
topography, waterways, nonnegotiable grades or other similar conditions,
the chief is authorized to reauire additional fire protection as specified in
Section. 1001. 9.
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3. When there are not more than two Group R. Division 3. or Group U
Occupancies. the reauirements of Sections 902.2.1 and 902.2.2 may be
modified by the Chief.
FINDINGS: A,C,D.E,F APPLY
16
15.16.140 Maintenance of Access Roadways.
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Section 902.2.4.1 of the California Fire Code is amended to read as follows:
19
902.2.4.1 General. The required width of the fire apparatus access road shall
not be obstructed in any manner, including parking of vehicles. Minimum
required widths and clearances established under Section 902.2.2.1. shall be
maintained at all times.
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Entrances to roads, trails or other access ways, which have been closed with
gates and barriers in accordance with Section 902.2.4.2 shall not be obstructed
by parked vehicles.
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Any obstruction or impedance with reasonable access may be removed or
repaired forthwith by any public safety agency. The expense of removal or
repair is to be bome by the owner of the roadway. In the case of an obstructing
vehicle or object, the expense is to be borne by the owner of said vehicle or
object.
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Prior to aHa a\lriHg combustible construction, the owner or contractor shall
provide and maintain concrete or asphalt aU roadways iH a eeRwtieR that will
support the imposed loads of emergency apparatus in all weather conditions.
FINDINGS: A.B.C.D.E.F APPLY
15.16.145 Fire Appliances
Section 1001.10 of the California Fire Code is amended to read as follows:
1001.10 Fire Appliances. The Chief is authorized to designate the type and
number of fire appliances to be installed and maintained in and upon all
buildings and premises in the jurisdiction. This designation shall be based on
the relative severity of probable fire, including the rapidity with which it could
spread. Such appliances shall be of a type suitable for the probable class of fire
associated with such building or premises and shall have the approval of the
Chief.
FINDINGS: A.C.D.E.F APPLY
15.16.150 Fire Extinguishing Systems
Section 1003.1.1 of the California Fire Code IS amended by adding the
following section:
1003.1.1.1 Fire Department Connections aHa Pest IHweator Val"les. For each
building and/or system at least 1 fire department connection aHa f3est iHweater
valye shall be installed in an approved location at least 40' from the building.
FINDINGS: A.C.D.E.F APPLY
15.16.155 Automatic Fire Extinguishing Systems.
Section 1003.2.1 of the California Fire Code is amended to read as follows:
1003.2.1 General. An automatic fire extinguishing system shall be installed in
all newly constructed buildinfls where the SQuare footafle is 5.000 SQuare feet or
more. and throughout all occupancies as set forth in this section. This section
shall apply to the following:
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1. The existing building square footage is increased to eJ,seea 5000 SQuare feet
or more, or the existing square footage is 5,000 or more and any additional
square footage or appendage is added.
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2. The existing building is. or exceeds 5000 square feet and the cumulative
amount of remodeling, rehabilitation or repairs exceed 50% or more of the
total floor area of the building, as determined by the Chief and BuildinJl
Official.
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3. In buildings that are. or exceed 5000 square feet which have been vacant, or
lack a verifiable legal occupancy for a period of 365 days. (San Bernardino
Municipal Code Title 5 and Title 15)
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4. Buildings which are. or exceed 5000 square feet and have a change in use or
occupancy classification, which increases the fire hazard of the structure or
the life safety of the occupants as determined by the Chief.
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5. Buildings which have had an occupancy change and exceed the maximum
allowable square footage per occupancy type as set forth in the California
Building Code, Chapter 9.
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For purposes of this section, area separation walls shall not define separate
buildings. A clear unattached space of not less than (10) feet shall define
separate buildings.
FINDINGS: A,B.C.D,E,F APPLY
17
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IS.Hi.HiO Exhibition and Display RoaRlS.
21
Seetioa 1903.2.3.3 efthe California Fire Code is anleaaea te reaa as fellows:
22
23
1003.2.3.3 ExhibitioR aRd display reOFH5. .A.a aI:ltomatis spriakler system shall
be iastalled ia GF01:I.fl .\ OSs1:l.flaRsies whish haye more thaR 5000 SEl.1:I.EIfe feet
(485 m2) of fleer area whish SaR be 1:I.sed for elffiibitioR or disfllay fl1:l.TJ38ses.
Fr:>JJ;H~'C~:.~ ,Q,Q,I!,f . PPbV
24
25
26
15.16.165 Existing Group R Occupancies
27
28 Section 1007.2.9.2.1 1006.2.9.2.1 of the California Fire Code is amended by
adding the following:
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FINDINGS, A.B.C.D.E.F APPLY
Section 1109.8.3 of the California Fire Code is amended to read as follows:
1109.8.3 Lighted hand-held candles shall not be permitted or used.
FINDINGS, A.B.C.D.E.F APPLY
15.16.215 Fire Damage.
Section 1110.3 of the California Fire Code is amended by adding the following:
1110.3.1 Fire Damage. The owner, occupant or other persons under his control,
having 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 (19) days ef
notitle by the Fire De13a:Rffient. as determined by the Chief.
Within thirty (30) clays after wnt-ten natiee tEl de se 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, as determined by the Chief.
FINDINGS, A.B.C.D.E.F APPLY
15.16.220 False Alarm.
Section 1302.3 of the California Fire Code is amended to read as follows:
1302.3 False Alarms. False alarms shall not be given signaled or transmitted or
caused or permitted to be given, signaled or transmitted in any manner. Failure
to comply with this Section will result in penalties charged as prescribed in
Section 101.5 (Liabilities) of the California Fire Code.
FINDINGS, A.B.C.D.E.F APPLY
15.16.225 Emergency Plans
Section 1303.1 of the California Fire Code is amended to read as follows:
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1303.1 General. Emergency plan's, staff trammg and fIre drills shall be
provided'in accordance with Section 1303. All plans and procedures shall be
submitted to the Fire Department for approval. See also Appendix I-B
FINDINGS, A,8,C,D,E,F APPLY
15.16.230 Use of Candles and Other Open Flame Devices in Places of
Assembly
Section 2501.17 of the California Fire Code is amended to read as follows:
2501.17 Candles and otheropen-flame devices. Candles and other open-flame
devices shall not be used in places of assembly or in drinking or dining
establishments.
EXCEPTIONS: Reference Section 1109,8
FINDINGS, A,C,D,E,F APPLY
15.16.235 Standby Personnel for Public Gatherings.
Section 2501.18 of the California Fire Code is amended to read as follows:
Section 2501.18 Standby Personnel. Whenever, in the opinion of the Fire
Chief, it is essential for public safety in any place of public assembly or any
other place where people congregate, due to the number of persons, or the
nature of the performance, exhibition, display, contest or activity, the owner,
agent or lessee shall reimburse the Fire Department for one or more qualifIed
persons as required and approved by the Fire Chief to be on duty at such place.
Such individuals shall be subject to the Fire Chiefs orders at all times when so
employed and shall remain on duty during the time such places are open to the
public, or when such activity is being conducted. Before each performance or
the start of such activity, said personnel shall inspect the required fIre
appliances provided to determine that such devices are in proper place and in
good working order and inspect exits and aisles to ensure such passageways are
clear and adequate, and shall keep diligent watch for any safety violations
during the time such place is open to the public or such activity is being
conducted and take prompt measures for correcting problems that may occur.
Such individuals shall not be required or permitted, while on duty, to perform
any other duties than those herein specifIed.
FINDINGS, A,C,D,E,F APPLY
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IS.Ht.2~O Permits fer CarJHvalsfFairs
3
8eetioR 2504.1 of the CalifefRia Fire Cede is arReRded to read as feHews:
4 SeetioR 2504.1.1 Permits. PermitG shall Be iR aeeeF8aRee with SeetieR 105.8 e.2
F~lgI~lGS: /' ,C,Q,E,f .\..TlPb Y
5
6
7
15.16.241 ComDressed Natural Gas Motor Vehicle Fuel-Disoensinll Stations
8
Section 5204.1 of the California Fire Code is amended by addinJl the followinfl:
9
5204.1.1 ComDressed Natural Gas rCNGI. Facilities utilizinfl unodorized CNG
shall have additional fire protection features as reauired by the Chief.
FINDINGS.' A CD E F APPLY
10
11
12
13
15.16.245 Compressed Gasses-Use and Handling
14
Section 7403.1 of the California Fire Code is amended by adding the following:
16
Section 7403.1.10 Use of compressed gas in buildings. Compressed gas shall
not be used for the purpose of heating in any building.
17
EXCEPTION: Except as provided in Section 8203.2.1.3.
FINDINGS, A.C,D.E,F APPLY
18
19
20
15.16.246 Storalle of EXDlosives and Blastinll Allents
21
Section 7701.7.2 of the California Fire Code is amended to read as follows:
7701.7.2 Limits Established by Law. The storafle of explosives and blastinfl
aflents is prohibited in Drincipal business districts. closely built commercial
areas. heavily populated areas. and residential areas.
FINDINGS, A CD E F APPLY
15.16.247 Storalle of EXDlosive Materials
Section 7702.2.1.1 of the California Fire Code is amended to read as follows:
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7702.2.1.1 Storm/e. The maximum Quantztzes. storafle conditions. and fire
vrotection reQuirements for flunvowder and ammunition stored in a buildinfl
shall be as follows:
1. Smokeless vowder 50 vounds in a Tvve 4 maflazine.
The rest of the section will remain as written
Section 7702.2.2 of the California Fire Code is amended to read as follows:
7702.2.2 Maflazine Size. Indoor magazines shall not be of a size flreater than
the exit door or contain more than 50 vounds of explosive materials.
Section 7702.2.3 of the California Fire Code is amended to read as follows:
7702.2.3 Powder. The amount of vowder stored in an indoor maflazine shall
not exceed 50 vounds.
Section 7702.3.2 of the California Fire Code is amended to read as follows:
7702.3.2 Classification and Use of Maflazines. Maflazines shall be constructed
and used in accordance with Title 27. Code of Federal Reflulations. Part 55.
Subvart K. and Title 19. Uniform Code of Reflulations. Subchavter 6. Section
989. as amended.
The rest of this section remains as written.
FINDINGS. A CD E F APPLY
15.16.250 Permits for Fireworks.
Section 7801.3 of the California Fire Code is amended to read as follows:
7801.3 Pennits. 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 for sale, sell at retail or use or explode any firework; provided that the
Fire Chief shall have power to adopt reasonable rules and regulations for the
granting of pennits for supervised public display of fireworks by a public
agency, fair association, amusement park, other organization, or for the use of
fireworks by artisans in pursuit of their trade. Every such use of display shall
be handled by a competent operator approved by the Fire Chief or his
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designated representative. Such fueworks shall be handled in a manner not
hazardous to property or to endanger any person.
FINDINGS: A.B.C.D.E.F AFPL Y
15.16.255 Seizure of Fireworks
Section 7802.2 of the California Fire Code is amended to read as follows:
7802.2 Seizure of Fireworks. The Chief or Law Enforcement agency is
authorized to seize, take, remove or cause to be removed, at the expense of the
owner, all stocks of fireworks offered or exposed for sale, stored or held in
violation of Article 78 or the San Bernardino Municipal Code.
FINDINGS: A,B.C.D.E,F APPLY
15.16.256 Storafle of Flammable and Combustible Liquids
Section 7902.1 of the California Fire Code is amended by addinfl the followinfl:
7902.1.1.1 Storafle of Flammable and Combustible LiQuids. The storafle of
flammable and combustible liQuids in outside aboveflround unprotected tanks
and below flrade vaulted tanks are prohibited in all commercial occupancy
areas, developed residential areas. and other areas where the chief determines
that the installation of flammable and combustible aboveflround storafle tanks
or below flround vaulted tanks will create a hazard to occupants and property
owners in the area. Deviation from these reQuirements mav be allowed only
upon specific written findinfls by the chief.
FINDINGS,' A CD E F APPLY
15.16.257 Additional Requirements for Tanks Located Within Below-Grade
Vaults
Section 7902.1.10.1 of the California Fire Code is amended to read as follows:
Section 7902.1.10.1 General. Storafle of flammable or combustible liQuids in
tanks located within below-flrade vaults shall be in accordance with Section
7902.1.10 and the San Bernardino County Fire Chiefs Policy.
FINDINGS: A CD E F APPLY
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15.16.258 Protected Abovef!round Tanks
3
Section 7902.2.8.2 of the California Fire Code is amended to read as follows:
4
7902.2.8.2 Protected Abovef!round Tanks. Protected abovef!round tanks shall
be provided with secondary containment that is a component of the listed
protected abovef!round tank. The method ofmonitorinf! shall be in accordance
with Article 79. Enclosed secondary containment shall be provided with
emerf!encv ventillf!.
FINDINGS.. A C DEF APPLY
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15.16.260 Diked areas
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Section 79Q2.2.g,3 7902.2.8.4 of the California Fire Code is amended to read as
follows bv addillf! the followinf!:
12
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7902.2.g.3.9 7902.2.8.4.9 Distance. The distance between the inside of any
dike and the shell of any tank not over 30 feet in diameter shall be not less than
5 feet. For tanks over 30 feet in diameter, the distance shall be not less than 10
feet.
FINDINGS: A,C,D,E.F APPLY
17
15.16.265 Tank location
18
Section 7904.2.5.4.1 of the California Fire Code is amended to read as follows:
7904.2.5.4.1 General. Tanks containing Class I and II liquids shall be kept
outside of and at least 50 feet from buildings, property lines, and combustible
storage. Additional distance shall be provided when necessary to ensure that
vehicles, equipment and containers being filled directly from such tanks will be
not less than 50 feet from structures, haystacks and other combustible storage.
FINDINGS: A,C,D,E,F APPLY
15.16.270 LP-Gas permits, Plans and Records
Section 8202.1 of the California Fire Code is amended by adding the following:
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8202.1.1 Pennits and Plans. When a commercial installation is 125-gallon
aggregate water capacity or greater, the installer shall submit plans for such
installation.
FINDINGS.. A,B,C,D,E,F APPLY
15.16.275 Installation of Equipment-Liquefied Petroleum Gases
Section 8203.2.1.3 of the California Fire Code is amended to read as follows:
8203.2.1.3 Construction and temporary heating. Portable containers are allowed
to be used in buildings or areas of buildings undergoing construction.
FINDINGS.. A,B,C.D,E,F APPLY
15.16.276 Bulk Storafle of Liquefied Petroleum Gases
Section 8204.2 of the California Fire Code is amended to read as follows:
8204.2 Maximum Cavacity within Established Limits. The aflflreflate cavacity
of any one installation for the bulk storafle of liQuefied vetroleum flas shall not
exceed 2.000 water flallons in residential areas. In non-residential areas. when.
in the ovinion of the chief. the location of bulk storafle of liQuefied vetroleum
flases would create a threat to the occuvants and vroverty owners. the
aflflreflate storafle cavacity of liQuefied vetroleum flas shall also be limited to
2.000 water flallons.
FINDINGS.. A CD E F APPLY
15.16.280 Standards.
.^.rtisle 9Q03 sf the CaEfemia Fire Coae is llffieliaea BY aaaiRg fue folls'::iRg:
SeetisB 9003. ReeogRizea StaHaaras. Califomia Caae of RegHlatieRs, Title 19
ePHelis Safety) aHa Title 24 eBHi18iRg Stafldar.as).
Section 9003n.2 of the California Fire Code is amended by adding the
following:
Section 9003n.2. National Fire Protection Association. All currently adoTJted
volumes and supplements. of fue mast 6HHeHt IlHeliseea edit-iaH.
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lS.Hi.28S :\h9ye CF9HRd TaRJ~
,AJ.ppeRdil[ II f ef the Califernia fife Ceae title is ameRaea to FaRa as feHews:
"A aPPENDIX II F PROTECTED :\BOVECROUND TA NICS OU~IDE
BUlLDlNCS U
/l.flfleBai1l II f SeetieBs 1 ana :5 of the Califernia me Cede are ameBaea to Feaa
as fellews:
SeetieB 1.3 Size. Primary laRks shall Bot exeeea a {i,OOg galloR iBai'liElHal er
1 &,000 galleR af;gregate eaflReity. lJ:BY aeeve gFellRd laBk reEjllires a HliBiFBllfB
of 1,500 g.fl.FB. fire fle',\' eR site. Refer to Table ,A" II f 1.
Sectie~ 1.~..1 Size .^.iFflort Use OBly. Primary taBks shall Bet e1leeea 12,000
gall~B IBd1';~~al er 1&,000 galleR aggregate saflaeity. :\B)' aeoye grellBd tank
reEJ:llIFeS a ffilBIFHllFB ef 1,500 g.fl.m. fife flew eB site. Ref-er to Table .^. II f 2.
Sect~oR 5.~. SeeeBdar)' COBtaiBFBeRt. Pi'eteeted abe';egrellBa tanks shall ee
pfOYlaed '.Vlth seeeBaary eeBtaiBFBeRt tHat is a cefBfleBeRt ef ilie listea flreteeted
abo',:egrellRa tank. The FBeiliea of ffiSBitenBg shall ee iB aeeeraaBee 'l/ith
SectleB &003 .1.~.3. EBelesea seeoBaar)' eeRtaiBFBeBt shall ee flre'liaed '.vith
emergeBcy '.'eBtlBg.
13
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,^.ppeBdi11 II f of the California Fire Ceae is afBeBaea by aaaiBg Hie follewiBg:
Table ,A. II f 2
~~iBiFHllfB SeparatieR ReEJ:l:lir-eFBeBts fer Pi'eteetea ,A.eeve Grol:lBd TaBks
A . TT_ ^__L - . . _ .
IREIi':isl:Ial taRll:
Cal3aeit:,
GallsR5 (liters)
Less tRan Sf sEtHal Ie
&,QOO
(22.712)
Greater tA8a ~.gQQ
(22.712)
)'{iaiBll:lHl aistanse
tr8fft I3FB}3ert:!' liRe
Y. hieh is af eaR ge
Bl:lilt 1:I138R.
iRsludiRg tRB
ept:l8site siae sf a
131:1slie v:ay feet
fmm1
W
}'1:iRiHlHIH Elist8nee
[FaIR tRe Re8:fSst siae
sf an:,' 131:1hlie "'sy ar
iram. tAe nearest
ilHl3Srtanl Building
en the same
13rsl38Fty feet(mm)
)'(iHiHUlfH
elistaHse BSh1'eeR
taRks feet(mm)
w
~
.wG
.wG
~
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f~rp~rcs: f,e,g,Ii" ""PlY
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15.16.290 Modifications Fire Flow
4
i\ppeaai][ III.A. 8eetiea 3 ef ilie Califemia Fire Ceae is liffieaaea BY ilie
aeletiea Elf 8eetioa 3.1:
5
6
3.1 Deereases. Eatire seetiea is aeleted
7
8
Appendix III-A Section 44 3.2 of the California Fire Code is amended to add
the following:
9
10 44 3.2 Area Separations. Exception: For purposes of fIre sprinklers use Section
1003.2.1.
11
12
Appendix III-A Section H 4.1 of the California Fire Code is amended to add
the following:
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H 4.1 One and Two Family Dwellings. Exception: The resulting fIre flow
shall not be less than 1000 gallons per minute in the Foothill Fire Zone Overlay
District, Zones A, B, C.
17
FINDINGS: A.B,C.D,E.F APPLY
IS.Ht.29S Fire Flew SeheelBuildings
AppeadiJ[ III LA. 8eetioa 4.2 ef the Califemia Fire Ceae is ameaaed tEl add HIe
follewiag:
4.2 E][eeptiea: Fer pHFfleses ef fIre spflaklefs Hse SeetiEla 1003 .2.1.
23 F~r);lINCg: '\.C,P,e,P '\..'l.p.l.y
24
25
26
27
08
1S.Ht.~OO Bail Sehedule
.A.ppeaaix VI D, FigHre .\ '/1 D 5 Elf the Califemia Fire Ceae, is ameaaea t6
read as f-oll6ws:
FigHre .A. VI D 5
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Bail S ehealile
3
Seetiaa
~-
OffeBse
Bail
4
103.4.3.1
$1999.00
. ..,'th Oraers sr ~Jstiees
N saesffil"ltanee ..1
$1990.90
l'n'nee "'ith CsaaelBflat-isH Tag
N8f1eOlTll" h" ..
S' $109Q,QO
I n'f1d DeskuetioH of tags and IgHS
RelTl8\'a ""
. e of Hazares
UHlawful C8Htlflliane
103.1. , . "'.......'"
rt casts nHes Me "
.^JI ather violatioHs are $1000:QaQ 13~:a:Oe: is reEl~iree SH seeaBe affeHse,
OH first offeHse aHa maadat8f) Ill"
11 III
III
12
III
III
14 III
III
III
16 III
III
III
18 III
19 III
III
III
21 III
III
III
23 III
24 III
III
III
26 III
III
III
C28 III
III
5
103.4.3,2
6
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103, 4.3 .3
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C28
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16
OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE 2001
CALIFORNIA FIRE CODE, WITH APPENDICES, AND INCORPORATING BY
REFERENCE THE 2000 EDITION OF THE UNIFORM FIRE CODE VOLUME 1
WITH ERRATA OF THE WESTERN FIRE CHIEFS ASSOCIATION, AND WITH
NECESSARY CALIFORNIA AMENDMENTS, TOGETHER WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 24, AND THE UNIFORM FIRE CODE VOLUME
l STANDARDS 1997 EDITION AS AMENDED BY THE 2000 UNIFORM FIRE CODE
STANDARDS.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a meeting
thereof, held on the day of , 2002, by the following vote, to-wit:
Council Members:
Aves
Navs
Abstain
Absent
ESTRADA
LIEN
MCGINNIS
DERRY
McCAMMACK
ANDERSON
SUAREZ
Rachel Clark, City Clerk
The forgoing ordinance is hereby approved this
day of
,2002.
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
; . l
By d-... 7 -ve~
(i
, (
'v'
-37-
"'"1/'"" -"':".
'i->~"
.....'
, '. .' . J!.XIU.Dl.t: A
*.*.FQR OFFICE USE ONLY - NOY'A PUBLlCDOCUMEHTu.,',
~~~f;~.i~f;" ~-- . ~~~:::~? :~~i;~:~ ~r~-~t:~~~t~.::;- ~~(~~.~I~,:;?:;~~,~::"~':.7:'~'_~~~'\~:t~~?;>~~'
. ... ",' . 'CITY OF SAN BERNARDINO :'(:ITY CLERK'S OFFICE .'~-,~.r_~".., .
'''c' ....,. RECORDS &. INFbRMATION MANAGEMENT PROGRAM
t"~; .
....,..:a.,
Vote:
AGENDA ITEM TRACKING FORM
10- 7-02-
Resolution/Ordinance No. ;11 c.- J 130
!/~7-02-
1-7
Abstain; -e--
Date Sent to MaYOr:~r;/a.. to/~o 1.--
Date of Mayor's Signature: /o!ttY (J 1.---
Date Sl,lmr1)jlry Sent to Attorney: I/)- 8" - 0 2--
\\ C'~ ,.." \1 o_&,"-ot..-
Date Published: {
Meeting Type:~. ~.
Continued From &. Item No.
Item No.
Meeting Date/Date Adopted:
Ayes:
Ordinance Urgency: Yes
Termination/Sunset Date:
-GJ--
Effective Date:
Nays:
Absent: -G--
Date Returned from Mayor:
Date of Clerk's Signature:
Oat\! Summary Returned from Attorney: It? /q 102....
tf?~ /o//r I O"L-. ('
Date Seal Impressed: ( / b 1/1/ 0 Z--
(
10//0/0 2-
,
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
y
..--- .......----
~
,
~
Exhibits Complete &. Attached to Resolution/Ordinance:
Reminder letter Sent:
Reminder letter Sent:
Reminder letter Sent:
Request for Council Action &. Staff Report Attach
Notes: 0
No
Ready to File:
Date:
DOCUMENT lOCATlON:
ratMSfAllflda Iem TQIdciIII Fomt ~cc Fomt No. 111 . UIsI. Up;Iued: IV04I1996