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HomeMy WebLinkAbout18- Fire 9 3 s ryA 9 i CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Larry R. Pitzer Subject: Adoption of Ordinance to Amend Chapter 15.16 of the San Bernardino Municipal Code to Adopt the California Fire Code 1 1 3 Dept: Fire Date: 5-3-99 z Recommended Motion: i That said ordinance be laid over for final adoption. Si ature 3 ' Contact person: Dan Dickerson Phone: (909) 384-5388 3 7 Supporting data attached: Yes Ward: All 3 FUNDING REQUIREMENTS: Amount: None Source: Acct. No S (Acct. Description) Finance: Council Notes: Agenda Item No. s13�R q CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Adoption of an Ordinance to Amend Chapter 15.16 of the San Bernardino Municipal Code to Adopt`Yhe'1998 California Fire Code. BACKGROUND California Administrative Code Title 24 mandates the Chief of the City Fire Department to enforce within this jurisdiction the California Code of Regulations relating to Fire and Panic safety. The 1998 California Fire Code is compatible with this standard, and incorporates by adoption the 1997 edition of the Uniform Fire Code of the International Fire Code Institute with necessary California amendments. State Fire regulations are updated every three years with recent changes incorporated. The adoption of the 1998 California Fire Code is an integral part of the Fire Department Fire Prevention Program. This adoption will bring our Municipal Codes up to date in order to comply with state law. This adoption is necessary in order to be compatible with local building code adoptions. The effective date of this code has been set by the Building Standards Commission for July 1, 1999. The adoption of this code as part of the City's Municipal Code provides for local enforcement and administration. The California Health and Safety Code, Section 17958. provides that local jurisdictions may make amendments to the building standards contained in the 1998 California Fire Code, based on express findings that such modifications are reasonably necessary because of local climatic, geological, or topographical conditions. Section 1 of the Ordinance provides findings for the amendments found in Section 2. These findings provide clarification as to the necessity of the amendments. Most of the amendments noted in Section 2 have been adopted in prior years and thus are not new to the Municipal Code. Some minor changes were made to update the language. The following sections are new to the Municipal Code: 15.16.070- Construction completed without a permit. This section will bring the fire code in alignment with the Building Code. 15.16.095- Permits issued in error. Adds a mechanism to revoke a permit issued in error or in violation of the code. 15.16.150- Fire Extinguishing Systems. Clarifies requirements for Fire Department Connections and Post Indicator Valves. 15.16.165- 15.16.170- 15.16.175 Existing Group R Occupancies. These sections are currently being enforced under the existing fire code. This language is clarifying a new section in the 1998 California Fire Code. . 15.16.200- Tire Storage. Modifies San Bernardino City codes to meet the current specifications of San Bernardino County codes. 15.16.240- Permits for Carnivals and Fairs. Clarifies the permit process. 15.16.245- Use and Handling of Compressed Gasses. Restricts the use of portable LPG tanks inside of buildings. 15.16.255- Seizure of Illegal Fireworks. Clarifies a new section in the California Fire Code. 15.16.260- Dikes areas for Aboveground Tanks. Clarifies the distance of dikes around aboveground tanks. 15.16.265- Tank Locations. Clarifies separation of Class I and II flammable liquids. 15.16.270- LP Gas, Permits, Plans and Records. Requires the installer to submit plans for commercial installations in excess of 125 gallons. 15.16.275- LP Gases. Clarifies to allow portable LPG use during construction. 15.16.290- Modifications Fire Flow. Deletes Section 3.1 modifying fire flow. 15.16.300- Bail Schedule. Modified to bring in alignment with Municipal Code Section 1.12.010. FINANCIAL IMPACT None RECOMMENDED MOTION That further reading of the Ordinance be waived and that said ordinance be laid over for final adoption. nE . 3 i 7 i 4 3 S A i 1 ORDINANCE NO. 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16 4 OF THE SAN BERNARDINO MUNICIPAL CODE, AND ADOPTING THE CALIFORNIA FIRE CODE (1998), WITH APPENDICES, AND INCORPORATING BY 5 REFERENCE THE 1997 EDITION OF THE UNIFORM FIRE CODE OF THE INTERNATIONAL FIRE CODE INSTITUTE WITH NECESSARY CALIFORNIA 6 AMENDMENTS, TOGETHER WITH CALIFORNIA CODE OF REGULATIONS, 7 TITLE 24, AND THE UNIFORM FIRE CODE STANDARDS (1997). 8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 9 Section I. Findings. The Mayor and Common Council of the City of San 10 Bernardino do hereby find and declare pursuant to California Health and Safety 11 Code Sections 17958, 17958.5, and 17958.7 the following: 12 a. Adverse climate conditions increase the likelihood of fire. Minor fires can 13 rapidly spread to large ones due to extreme heat, frequent periods of drought, low 14 humidity, and yearly winds (Santa Ana), which have been recorded to reach gusts in excess of 90 miles per hour. 15 16 b. Wood shingles and wood shakes present extreme adverse fire conditions due to close proximity of buildings. 17 18 C. Slopes within the city from gradual to in excess of 30% in the northern sections, natural vegetation from grass to thick chaparral (including manzanita and 19 chamois), and elevation changes including foothills with a wildland interface area 20 increase the danger from fire. Increased development has created additional vehicular traffic on surface streets, freeways bisect the City at the north end and 21 west end, and a freeway borders the City of the south end. Flood Control 22 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 23 buildings has created many new streets, creating some dead-end streets, additional 24 traffic signals have been installed, all of which increase the response time of fire apparatus, thereby creating a greater risk of life and property from fire. 25 26 d• Due to the fluctuating state-wide water supply, water for suppression of large fires can be in short demand. 27 28 J �� 1 e. The City has within its boundary potentially active seismic hazards. 2 Seismic Activity within the City occurs and a fire potential exists with these active faults. Existing structures and planned new development are at serious risk from 3 these faults. 4 and topographical conditions, f. Due to these local climatic, geological gr' p 5 there is an express need for changes and modifications in the 1998 edition of the 6 California Fire Code. 7 Section 2. San Bernardino Municipal Code, Chapter 15.16 is amended to read as 8 follows: 9 "15.16.010 Citation. 10 The Ordinance codified in this chapter and the code and standards adopted by 11 reference in Section 15.16.020 shall be known as the California Fire Code. 12 13 15.16.020 Code Adopted 14 The 1998 Edition of the "California Fire Code" together with the California Code 1 15 of Regulations, Title 24, and Appendices I-A, I-B, I-C, II-A, II-B, II-C, II-D, II-E, 16 II-F, II-G, 11-H, II-I, II-J, 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, VI-E, VI-F, VI-G, VI-H, VI-I inclusive, and the 1997 17 edition of the Uniform Fire Code Standards with amendments as compiled and 18 promulgated by the International Conference of Building Officials and Western Fire Chiefs Association, and as modified by this chapter, and the National Fire 19 Protection Association Standard 13 for the installation of sprinkler systems, in its 20 entirety, are adopted by this reference and incorporated in the Municipal Code of he City of San Bernardino. The provisions of the California Fire Code, and 21 Uniform Fire Code Standards shall apply to all areas within the jurisdiction of the 22 itv of San Bernardino. One copy of the 1998 Edition of the California Fire Code, 23 including California Amendments and Appendices, and one copy of the Uniform Fire Code Standards are on file in the Office of the City Clerk. 24 15.16.030 Definitions. 25 26 A. Whenever "jurisdiction" is used in the California Fire Code, it shall mean 27 the City of San Bernardino. 28 2 1 B. Whenever "chief' is used in the California Fire Code it shall mean the Chief 2 of the Fire Department of the City of San Bernardino, hereinafter called "Fire Chief'. 3 4 C. Whenever "corporation counsel" is used in the California Fire Code, it shall mean the City Attorney of the City of San Bernardino. 5 6 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". 7 8 9 15.16.040 Amendments. 10 The following sections and provisions of the California Fire Code, (1998 Edition) 11 are amended to read as set forth in Sections 15.16.045 through 15.16.300. 12 I 13 14 15.16.045 Liability 15 Section 101.5 of the California Fire Code is amended to add the following: 16 10 1.5.1 Cost Recovery. 17 18 1 Fire suppression, investigation, rescue or emergency medical costs are ecoverable in accordance with California Health and Safety Code, Sections 13009 19 and 13009-1. 20 fi 21 2. Any person who negligently or intentionally, or in violation of the law causes 22 an emergency response is liable for the costs of securing such emergency. This hall include but not be limited to situations such as false alarms, traffic accidents, 23 ire watch, or spills of toxic or flammable fluid or chemicals. Expenses incurred 24 by the Fire Department for securing such emergency situation shall constitute a ebt of such persons and is collectable by the Fire Chief in the same manner as in 25 the case of any obligation under contract, expressed or implied. 26 INDINGS:A,B,C,D,E,F APPLY 27 28 1 15.16.050 Applicant Appeals 2 Section 103.1.4.1 of the California Fire Code is amended to read as follows: 3 4 103.1.4.1. The applicant may appeal the Fire Chief's denial, suspension or revocation of a permit or his/her interpretation of this code to the Mayor and 5 Common Council within ten days from the date of notice of the decision. The 6 Mayor and Common Council shall render its decision and findings in writing to the Fire Chief with a duplicate copy to the applicant. 7 8 103.1.4.1.1 When appeals are filed, a processing fee in an amount established by 9 resolution of the Mayor and Common Council shall be paid by the applicant to 10 research and process the appeal. The fee shall be paid to the Fire Department. FINDINGS:A,B,C,D,E,F APPLY 11 15.16.055 Authority for Enforcement. 12 13 Section 103.2.1.1 of the California Fire Code is amended to read as follows: 14 15 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 16 Department shall enforce all ordinances, resolutions and regulations of the city of 17 San Bernardino and laws of the State pertaining to: 18 19 20 1. The prevention of fire. 21 22 2. The suppression or extinguishing of dangerous or hazardous fires. 23 24 3. The storage, use and handling of explosive, flammable, combustible, 25 toxic, corrosive and other hazardous, gaseous, solid and liquid materials. 26 27 28 4 r 1 1 4. The installation and maintenance of all automatic and manual fire alarm and 2 extinguishing appliances, systems and equipment. 3 4 5. The maintenance and regulation of fire escapes. 5 6 6. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures, and other property, including those under 7 construction. 8 7. The means and adequacy of each exit in the event of fire, from factories, 9 schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, 10 amphitheaters, and all other places in which people work, live or congregate from time to time for any purpose. 11 12 8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials. 13 FINDINGS:A.B,C,D,E,F APPLY 14 15 15.16.060 Fire Prevention Bureau Personnel and Police. 16 Section 103.2.1.2 of the California Fire Code is amended to read as follows: 17 103.2.1.2. The chief and members of the fire prevention bureau shall have the 18 powers of a peace officer as defined in Section 830.37 of the Penal Code, in 19 performing their duties under this code. 20 It is the duty of, and the following persons are hereby authorized to enforce the 21 provisions of this code and make arrests and issue citations as authorized by law: 22 1. Fire Chief, Deputy Chief, Fire Marshal, Battalion Chiefs, Fire Investigators, 23 Captains, Engineers, Firefighters, Firefighter/Paramedic, and Fire Prevention Officers. 24 25 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 26 enforcing the provisions of this code. a 27 IND[NGS:A.B.C,D,E,F APPLY 28 5 1 15.16.061 Commencement of Proceedings. 2 Whenever the Fire Chief or his/her designated representative reasonably believes a 3 violation of the California Fire Code exists, he/she shall commence abatement 4 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 5 ("Hearing Officer"). The Hearing Officer may hear matters pertaining to both 6 California Fire Code violations and/or public nuisance violations as enumerated in Section 8.30.010. (Ord. MC-1015, 1-26-98) 7 8 15.16.062 Emergency Abatement/Closure Procedure 9 A. Not withstanding any other provision of this Chapter with reference to the 10 Abatement of California Fire Code violations, whenever the Fire Chief or his/her duly authorized representative determines that property, a building or 11 structure is structurally unsafe, or constitutes a fire hazard, or endangers the 12 life, health, property or safety of the public or its occupants, and such condition constitutes an immediate hazard or danger, he or she shall, 13 immediately and forthwith abate the existing public nuisance, including but 14 not limited to the closure of the property. i 15 B. In lieu of the summary abatement hearing procedures for Dangerous i 16 Buildings in Section 15.28.140, the Fire Chief or his/her duly authorized i representative shall mail, immediately after such emergency 17 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 i 18 ascertained from title company records, the latest assessment roll of the 19 County Assessor, or if no address is so shown, to the address of the property 20 as such address may be known by the Fire Chief or duly authorize representative. Such notice shall contain the following information: 21 22 1) that a Hearing has been scheduled within twenty (20) days of such emergence abatement/closure action before the Fire Chief or his/her 23 designee ("Hearing Officer") with the date, time and location of such 24 Hearing; 25 2) that emergency action was taken with regards to the property; 26 3) the reason why he/she has taken the action. 27 28 6 ■ 1 At the hearing, the Hearing Officer shall consider all relevant evidence, 2 including, but not limited to, applicable staff reports. He or she shall give any interested person a reasonable opportunity to be heard in conjunction 3 therewith. Based upon the evidence so presented, the Hearing Officer shall 4 determine whether the emergency action was warranted. The hearing shall not be conducted according to formal rules of evidence or procedure, but 5 shall be conducted in a manner generally complying with the Administrative 6 Procedure Act at Government Code Section 11370, et seq. 7 C. The expense of the abatement shall be itemized and after a hearing, notice of 8 which is given in substantial compliance with Section 8.30.040, relating to the emergence nature of the abatement and the expenses incurred constitute 9 a special assessment and lien against the abated parcel as set forth in 10 Sections 8.30.110, 8.30.120 and 8.30.130. 11 12 13 14 { 15 16 15.16.065 Inspections & Inspection Fees. 17 18 Section 103.3.1.1 of the California Fire Code is amended to read as follows: 19 103.3.1.1. Authority to inspect. The fire prevention bureau shall inspect, as 20 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 21 o be corrected any conditions which would reasonably tend to cause fire or 22 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. 23 24 103.3.1.1.1 Inspection Fees. A fee shall be charged for the following types of 25 inspections: 26 = Annual Inspection Fee Y = Individual Inspection 27 a 28 i 1 2 Y General Use 3 4 1. Any activity or operation not specifically described in other permits, which is likely to produce conditions hazardous to life or property. 5 6 X Educational Buildings 7 8 1. Buildings used for educational purposes through 12`h grade by 50 or more persons for more than 12 hours per week or for more than 4 hours in one day. 9 10 2. Any nonresidential building used for day care (more than 6 persons/children). 11 3. Any residential building used for day care (more than 6 persons). 12 13 14 X High Rise 15 16 1. Buildings having floors used for human occupancy located more than 75 feet above the lowest level of fire department vehicle access. 17 18 Protective Social Care Facilities 19 1. Nurseries for full time care of children under the age of 6. Hospitals, 20 sanitariums, nursing homes with non-ambulatory guests and similar buildings. 21 22 2. Hospitals 23 a. Having less than 100 beds. 24 b. Having 100 beds or more. 25 26 3. Sanitariums 27 28 s 1 4. Non-ambulatory Nursing Homes 2 a. Having 5 or less clients. 3 4 b. Having 6 or more clients. 5 6 X Restrained Facilities 7 1. Mental hospitals, mental sanitariums,jails, prisons, reformatories, and buildings 8 where personal liberties are restrained. i 9 10 X Manufacture of Organic Coatings. 11 12 X Auto Tire Rebuilding Plants 13 11 X Automobile Wrecking Yards 15 16 X Cryogenic Fluids. 17 18 X Bowling Pin or Alley Refinishing and/or Sanding 19 20 X Cellulose Nitrate Plastic, Pyroxlin 21 22 Combustible Fiber Facilities 23 21 X Compressed Gas 25 1. Non-Flammable 26 a. Over 6000 cubic feet. 27 28 9 1 2 2. Flammable { 3 a. Over 6000 cubic feet. i 4 5 6 X Dust Prevention (Collection Systems) ' I i 7 8 Y Explosives 9 1. Fireworks Displays/Shows 10 11 X Fireworks Booths 12 13 14 X Spraying/Dipping (Flammable) 15 1. Finishes — spray booth 16 t 17 X Flammable Liquid Storage Tanks 18 19 Underground Storage 20 a. Per 1000 gallons. 21 22 Aboveground Storage 23 24 a. 60 to 999 gallons 25 b. Per 1000 gallons 26 27 28 to I a - I 1 lammable Storage I X F g � 2 1. Inside Storage 3 4 2. More than 60 gallons or 50# solids 5 3. Less than 60 gallons or 50# solids 6 4. Outside Storage 7 8 5. Underground Storage 9 a. Per 1000 gallons 10 11 6. Aboveground Storage 12 a. 69 to 999 gallons 13 14 b. Per 1000 gallons 15 16 Y Fumigation and Thermal Insecticidal fogging 17 18 X Garages (Automobile-Repair) 19 20 Hazardous Chemical (Appendix) 21 22 X Liquefied petroleum Gasses (Over 500 gallon water capacity) 23 24 X Lumber Yards 25 26 X Woodworking Shops 27 28 1 X Assembly 2 1. Occupant Load under 5000 3 4 2. Occupant Load 5000 or more 5 3. Movie Theaters 6 4. Clubs (lodges, Recreation Halls) 7 8 5. Churches 9 6. Dance Studios and Ballrooms) 10 Bowling Alleys and Billiard Parlors 11 12 8• Mortuaries and Cemetery Chapels 13 14 X Mechanical Refrigeration 1 i 15 16 X Tents and Air-Supported Structures 17 i 18 Airports and Heliports 19 20 rhe amount of the fee for each type of inspection shall be established by esolutions of the Mayor and Common Council. 21 22 103.3.1.1.2 Routine Inspection Fees- An inspection fee may be charged for Fire 23 epartment routine inspections and re-inspections of property to cover the costs of 24 such inspections. The amount of the inspection fee shall be established by Resolution of the Mayor and Common Council. 25 26 1. The property owner/occupant charged the inspection fee may request the Fire Marshal and/or the Fire Chief to review the imposition or the amount of the fee. 27 The request shall be made in writing, within 15 days from the date of the first 28 12 1 written notice of such fee being due and payable. The decision of the Fire 2 Marshal and/or Fire Chief shall be final and conclusive in the absence of an appeal to the Mayor and common Council pursuant to Section 2.64 of the San 3 Bernardino Municipal Code. FINDINGS:A,B,C,D,E,F APPLY 4 5 6 15.16.070 New Construction and Alterations. 7 8 Section 103.3.2.1 of the California Fire Code is amended by adding the following: 9 103.3.2.1.1 Approval and Inspection Fees. A fee will be charged for permits, plan 10 checks and/or inspections for construction or work which requires Fire 11 Department approval. The amount of the fee shall be based on the City of San Bernardino Developmental Services Schedule of Fees for Plan Check and 12 Building Fees for Residential and Commercial Construction. 13 103.3.2.1.2 Investigation Fees: Work without a Permit. Whenever any work for 14 which a permit is required by this code has been commenced without first 15 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 16 collected whether or not a permit is then or subsequently issued. The investigation 17 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 18 provisions of this code nor from any penalty prescribed by law. The Fire Marshal lg 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 20 of the permit fee paid when no work has been done under a permit issued in 21 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 22 which a plan review fee has been paid, is withdrawn or canceled before any plan 23 reviewing is done. The Fire Marshal shall not authorize refunding of any fee paid xcept on written application filed by the original permittee not later than 180 days 24 after the date of fee payment. 25 INDINGS:A,B,C,D,E,F APPLY 26 15.16.075 Authorization to issue corrective orders and notices. 27 ection 103.4.1.1 of the California Fire Code is amended to read as follows: 28 l� I 1 2 General. When the chief finds in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or finds 3 unnecessary accumulations of wastepaper, boxes, shavings or any highly 4 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 5 reasonably tend to interfere with the operations of the fire department or the egress 6 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 7 code is being violated the chief is authorized to issue orders as necessary for the 8 enforcement of the fire prevention laws and ordinances governing the same and for the safeguarding of life and property from fire. 9 10 See also Appendix VI-C FINDINGS:A.B,C,D,E,F APPLY 11 15.16.080 Stopping Uses and Evacuation. i 12 13 Section 10').4.1.3 of the California Fire Code is amended to read as follows: 14 15 103.4.1.3 Stopping uses, evacuation. The Fire Chief is authorized to order an 16 operation or use stopped or the evacuation of any premises, building or vehicle, or 17 portion thereof, which is a fire, life or health hazard. FINDINGS:A,B,C,D.E.F APPLY 1s 15.16.085 Failure to Comply. 19 20 Section 103.4.3.1 of the California Fire Code is amended by adding the following: 21 103.4.3.1.1: Failure to comply with any order or notice issued by the Fire Chief or 22 his representative pursuant to article 103.4.3 of the California Fire Code shall be a 23 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 24 Code. INDINGS:A,B.C,D.E,F APPLY 25 26 27 15.16.090 Permits. 28 �a i grass,w 1 HAZARDOUS FIRE AREA is land which is covered g , g rain brush or forest, whether privately or publicly owned, which is so situated or is of such 2 inaccessible location that fire originating upon such land would present an 3 abnormally difficult job of suppression or would result in great and unusual 4 damage through fire or resulting erosion. Such areas are designated as follows: 5 That area within the City lying north of a line extending Easterly from the West 6 City limits to the East City limits and bounded on the South side by streets and highways as follows: 7 8 Barstow Freeway from West City limits to the intersection of Palm Avenue and the Barstow Freeway; Northerly from the Barstow Freeway on Palm 9 Avenue to Kendall Drive; Easterly on Kendall Drive to 401h Street and 10 transition Easterly from the intersection of Kendall Drive and 40th Street; on 40th Street; and continue Easterly to Mountain Avenue; from the intersection 11 of 40th Street and Mountain Avenue; Southerly on Mountain Avenue to 391h 12 Street; Easterly on 39th Street to Del Rosa Avenue; Southerly from the intersection of 39th Street to Marshall Boulevard; Easterly from the 13 intersection of Del Rosa Avenue and Marshall Boulevard on Marshall 14 Boulevard; Marshall Boulevard to Victoria Avenue; Victoria Avenue to Piedmont Drive; Piedmont Drive East to Diablo Drive; Diablo Drive East to 15 El Toro Street; El Toro Street extending East to Highway 330; Highway 330 16 South to Highland Avenue; thence East and South-easterly along the centerline of Highland Avenue to the centerline of Church Street. 17 18 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 19 North in a line to intersect Highland Avenue; Highland Avenue East to Del 20 Rosa Avenue; Del Rosa Avenue South to Pacific Street. 21 Inclusive of area beginning at the intersection of Little Mountain Drive and 22 Kendall Drive; Kendall Drive East to 40th Street; 40th Street East to Electric Avenue; Electric Avenue South to Thompson Place; Thompson Place West to 23 Mayfield Avenue; Mayfield Avenue South to 361h Street; 36th Street West to i 24 "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 25 o intersect Cajon Boulevard; Cajon Boulevard `Vest to University i 26 Parkway/State Street; University Parkway North to State Street; State Street North to Morgan Road; Morgan Road East to Little Mountain Drive; Little 27 Mountain Drive North to Kendall Drive. 28 17 1 1 2 Hazardous Fire Areas can be inclusive of any additional land area, whether publicly or privately owned, which the Fire Chief of the Fire Department 3 determines to be so situated or so inaccessible that fire upon said land could 4 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 5 the Fire Department at the Central Fire Station, 200 East Third Street, San 6 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 7 publication of notice thereof pursuant to the provisions of California 8 Government Code 6061 (MC-1023, 5-18-98; Ord. MC-984, 11-4-96) FINDINGS:A,B,C,D,E,F APPLY 9 15.16.120 Spark Arrester defined. 10 11 Section 220-S of the California Fire Code is amended by adding the following definition: 12 13 SPARK ARRESTER is a device constructed of stainless steel, aluminum, copper, or brass, woven galvanized wire mesh, nineteen gauge minimum or three-eighths 14 inch minimum to one-half inch maximum openings, mounted in or over all outside 15 flue openings in a vertical or near vertical post, adequately supported to prevent movement and to be visible from the ground. 16 FINDINGS:A,B,C,D,E,F APPLY 17 18 15.16.125 Fire Lane, No Parking 19 Section 901.4.2 of the California Fire Code is amended to read as follows: 20 21 901.4.2 Fire apparatus access roads. As directed by the Fire Chief, the owner or individual in control of emergency access roadways and streets in private 22 evelopments shall paint curbs red and label in six inch by one-half inch white 23 etters "NO PARKING-FIRE LANE" every twenty-feet where parking is not Mowed. 24 25 and/or 26 onspicuously post legible, permanent all-weather signs with lettering having a 27 minimum height of two inches and a minimum width of one-half inch every fifty feet. Signs are to read "NO PARKING-FIRE LANE". 28 1s I I I I 1 2 3 4 15.16.130 Fire Protection Equipment & Fire Hydrants 5 Section 901.4.3 of the California Fire Code is amended to read as follows: 6 901.4.3 Fire protection equipment and fire hydrants. Fire hydrants on private 7 property shall have a designated no parking zone identified by a red painted curb, 8 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 9 PARKING" on both sides of the hydrant. 10 11 12 15.16.135 Access Roads 13 Section 902.2.1 of the California Fire Code is amended to read as follows: 14 Fire apparatus access roads shall be required for every building hereafter 15 constructed. The access roadway shall be extended to within one hundred 16 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 17 fifty (50) feet of all multiple story buildings or when the natural grade between the 18 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 19 rovided as required and approved by the Fire Chief. Access door(s) shall be 20 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 21 3) feet in width and not less than six (6) feet eight (8) inches in height in each one 22 hundred (100) lineal feet or major fraction thereof of the exterior wall which faces he access roadway. Metal roll-up doors are not acceptable for such purposes. 23 24 ore than one fire apparatus access road shall be provided when it is determined y the Fire Chief that access by a single road might be impaired by vehicle 25 ongestion, condition of terrain, climatic conditions or other factors that could limit 26 ccess. [ND[NGS:A,C,D,E,F APPLY 27 28 19 i t i 1 � 2 3 15.16.140 Maintenance of Access Roadways. 4 Section 902.2.4.1 of the California Fire Code is amended to read as follows: 5 902.2.4.1 General. The required width of the fire apparatus access road shall not 6 be obstructed in any manner, including parking of vehicles. Minimum required 7 widths and clearances established under Section 902.2.2.1. shall be maintained at all times. 8 9 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 10 vehicles. 11 Any obstruction or impedance with reasonable access may be removed or repaired 12 forthwith by any public safety agency. The expense of removal or repair is to be 13 borne by the owner of the roadway. In the case of an obstructing vehicle or object, 14 the expense is to be borne by the owner of said vehicle or object. 15 Prior to and during construction, the owner or contractor shall provide and 16 maintain all roadways in a condition that will support the imposed loads of emergency apparatus in all weather conditions. 17 18 19 20 15.16.145 Fire Appliances 21 Section 100 1.10 of the California Fire Code is amended to read as follows: 22 1001.10 Fire Appliances. The Chief is authorized to designate the type and 23 umber of fire appliances to be installed and maintained in and upon all buildings 24 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 25 ppliances shall be of a type suitable for the probable class of fire associated with 26 such building or premises and shall have the approval of the Chief. FINDINGS:A.C,D.E,F APPLY 27 28 20 1 I 2 15.16.150 Fire Extinguishing Systems i 3 Section 1003.1.1 of the California Fire Code is amended to add as follows: 4 1003.1.1.1 Fire Department Connections and Post Indicator Valves. For each 1 5 building and/or system at least 1 fire department connection and post indicator 6 valve shall be installed in an approved location at least 40' from the building. FINDINGS:A,C,D,E,F APPLY 7 15.16.155 Automatic fire Extinguishing Systems. 8 9 Section 1003.2.1 of the California Fire Code is amended to read as follows: ' 10 ishin system shall be installed 1003.2.1 General. An automatic fire extinguishing y 11 throughout all occupancies as set forth in this section. This section shall apply to the following: 12 i 13 1. The existing building square footage is increased to exceed 5000 or the existing square footage is 5,000 or more and any additional square footage or 14 appendage is added. 15 2. The existing building exceeds 5000 square feet and the cumulative 16 amount of remodeling, rehabilitation or repairs exceed 50% or more of the total 17 floor area of the building. 18 3. In buildings that exceed 5000 square feet which have been vacant for a period 19 of 365 days. 20 4. Buildings which exceed 5000 square feet and have a change in occupancy 21 classification. 22 5 Buildings which have had an occupancy change and exceed the maximum 23 allowable square footage per occupancy type as set forth in the California 24 Building Standards Code, Chapter 9. 25 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 26 buildings. 27 INDINGS:A,B,C,D,E,F APPLY 28 21 I 1 15.16.160 Exhibition and Display Rooms. P Y 2 Section 1003.2.3.3 of the California Fire Code is amended to read as follows: 3 4 1003.2.3.3 Exhibition and display rooms. An automatic sprinkler system shall be installed in Group A Occupancies which have more than 5000 square feet (465 5 m2) of floor area which can be used for exhibition or display purposes. FINDINGS:A,C,D,E,F APPLY 6 7 15.16.165 Existing Group R Occupancies 8 Section 1007.2.9.2.1 of the California Fire Code is amended by adding the 9 following: 10 1007.2.9.2.1 Existing Group R occupancies shall be provided with an approved 11 Fire Alarm system in accordance with Section 1007.2.9 and Chapter 35 of the California Building Standards Code. 12 FINDINGS:A,B,C,D,E,F APPLY 13 15.16.170 Power Source. 14 Section 1007.2.9.2.3 of the California Fire Code is amended to read as follows: 15 16 1007.2.9.2.3 Power Source. In Group R Occupancies, single station smoke 17 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 18 and without a disconnecting switch other than those required for overcurrent rotection. 19 FINDINGS:A,B,C,D,E,F APPLY 20 15.16.175 Locations of Smoke Detectors in Existing Group R Occupancies. 21 22 Section 1007.2.9.2.4 of the California Fire Code is amended to read as follows: 23 1007.2.9.2.4 Locations within existing Group R Occupancies. Smoke detectors 24 hall be installed/mounted as prescribed in California Building Standards Code, hapter 310. 25 INDINGS:A.B,C,D,E,F APPLY 26 15.16.180 Permits and Plans. 27 28 22 1 Section 110 1.3 of the California Fire Code is amended to read as follows: 2 Section 1101.3 Permits and Plans. The Fire Chief may require permits and/or 3 plans for operations within this Section. Fees for such permits will be established 4 by Resolution of the Mayor and Common Council. 5 6 15.16.185 Open Burning. 7 Section 1102.3.5 of the California Fire Code is amended to read as follows: 8 1102.3.5 Location. Open burning shall be conducted only in areas approved by the 9 Chief. 10 11 15.16.190 Recreational Fires. 12 Section 1102.4.2 of the California Fire Code is amended to read as follows: 13 14 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 15 materials, unless contained in a barbecue pit. Conditions which could cause a fire 16 to spread to within 25 feet of a structure shall be eliminated prior to ignition. 17 18 15.16.195 Accumulation of Waste Material. 19 Section 1103.1 of the California Fire Code is amended by adding the following 20 section: 21 1103.1.1 Abatement. In the event that abatement is not performed as required in 22 this section, the Fire Chief may cause such abatement by giving notice to the caner of the property upon which such conditions exists to correct such condition. 23 If the owner fails to correct such prohibited condition, the Fire Chief may cause the 24 sarne 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 25 Bernardino Municipal Code. 26 27 15.16.200 Individual Piles. 28 23 1 2 Section 1103.3.6.2 of the California Fire Code is amended to read as follows: 3 1103.3.6.2 Individual piles. Tires shall be restricted to individual piles not 4 exceeding 2,500 square feet of continuous area. Piles shall not exceed 25,000 cubic feet in volume or 10 feet in height 5 6 15.16.205 Sparks from Chimneys. 7 Section 1109.7 of the California Fire Code is amended to read as follows: 8 1109.7 Sparks from Chimneys. Each chimney used in conjunction with any 9 fireplace or any heating appliance in which solid or liquid fuels are used shall be 10 maintained with an approved spark arrester. An approved spark arrester shall mean a device constructed of stainless steel, aluminum, copper, or brass, woven 11 galvanized wire mesh, nineteen gauge minimum or three-eighths inch minimum to 12 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 13 be visible from the ground. FINDINGS:A,B,C,D,E,F APPLY 14 15 15.16.210 Requirements for Use of Candles and Other Open Flame Decorative 16 Devices. 17 Section 1109.8.1 of the California Fire Code is amended to read as follows: 18 'f 19 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 20 establishments unless approved by the Chief, in accordance with Section 1109.8 21 Section 1109.8.3 of the California Fire Code is amended to read as follows: 22 23 1109.8.3 Lighted hand-held candles shall not be permitted or used. 24 25 15.16.215 Fire Damage. 26 Section 1110.3 of the California Fire Code is amended by adding the following: a 27 28 24 1 1110.3.1 Fire Damage. The owner, occupant or other persons under his control, 2 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, 3 fencing, barricading or other appropriate measures within ten (10) days of notice 4 by the Fire Department. 5 Within thirty (30) days after written notice to do so has been served, all debris 6 and/or damaged materials shall be removed from the property and proof furnished that contractual arrangements have been made for demolition, replacement or 7 repair of all fire damaged structures remaining on property involved in the fire. FINDINGS:A,B,C,D,E,F APPLY 8 9 15.16.220 False Alarm. i i 10 Section 1302.3 of the California Fire Code is amended to read as follows: 11 1302.3 False Alarms. False alarms shall not be given signaled or transmitted or 12 caused or permitted to be given, signaled or transmitted in any manner. Failure to 13 comply with this Section will result in penalties charged as prescribed in Section 101.5 (Liabilities) of the California Fire Code. 14 15 16 17 18 15.16.225 Emergency Plans 19 Section 1303.1 of the California Fire Code is amended to read as follows: 20 21 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 22 ire Department for approval. See also Appendix I-B 23 24 15.16.230 Use of Candles and Other Open Flame Devices in Places of 25 ssembly 26 Section 2501.17 of the California Fire Code is amended to read as follows: 27 28 25 ' 1 2 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 3 establishments. 4 EXCEPTIONS: Reference Section 1109.8 5 FINDINGS:A,C,D,E,F APPLY 6 15.16.235 Standby Personnel for Public Gatherings. 7 Section 2501.18 of the California Fire Code is amended to read as follows: 8 9 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 10 where people congregate, due to the number of persons, or the nature of the 11 performance, exhibition, display, contest or activity, the owner, agent or lessee shall reimburse the Fire Department for one or more qualified persons as required 12 and approved by the Fire Chief to be on duty at such place. Such individuals shall 13 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 14 activity is being conducted. Before each performance or the start of such activity, 15 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 16 aisles to ensure such passageways are clear and adequate, and shall keep diligent 17 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 18 that may occur. Such individuals shall not be required or permitted, while on duty, 19 to perform any other duties than those herein specified. INDINGS:A,C,D,E,F APPLY 20 15.16.240 Permits for Carnivals/Fairs 21 22 Section 2504.1 of the California Fire Code is amended to read as follows: 23 Section 2504.1.1 Permits. Permits shall be in accordance with Section 105.8 c.2 24 INDINGS:A.C.D.E,F APPLY 25 15.16.245 Compressed Gasses-Use and Handling 26 ection 7403.1 of the California Fire Code is amended to add the following: 27 28 26 a • i E ; 1 Section 7403.1.10 Use of compressed gas in buildings. Compressed gas shall not 2 be used for the purpose of heating in any building. 3 EXCEPTION: Except as provided in Section 8203.2.1.3. FINDINGS:A,C,D,E,F APPLY 4 5 15.16.250 Permits for Fireworks. 6 Section 7801.3 of the California Fire Code is amended to read as follows: 7 7801.3 Permits. Except as provided by this code or the San Bernardino Municipal 8 code, it shall be unlawful for any person to store, offer for sale, expose for sale, sell 9 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 10 supervised public display of fireworks by a public agency, fair association, 11 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 12 operator approved by the Fire Chief or his designated representative. Such 13 fireworks shall be handled in a manner not hazardous to property or to endanger any person. 14 I 15 16 15.16.255 Seizure of Fireworks 17 i Section 7802.2 of the California Fire Code is amended to read as follows: 18 19 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 20 stocks of fireworks offered or exposed for sale, stored or held in violation of 21 Article 78. 22 23 15.16.260 Diked areas 24 Section 7902.2.8.3 of the California Fire Code is amended to read as follows: 25 i 902.2.8.3.9 Distance. The distance between the inside of any dike and the shell of 26 ny tank not over 30 feet in diameter shall be not less than 5 feet. For tanks over 27 3 0 feet in diameter, the distance shall be not less than 10 feet. IND[NGS:A,C.D,E,F APPLY 28 27 1 2 15.16.265 Tank location 3 Section 7904.2.5.4.1 of the California Fire Code is amended to read as follows: 4 7904.2.5.4.1 General. Tanks containing Class I and II liquids shall be kept outside 5 of and at least 50 feet from buildings, property lines, and combustible storage. 6 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 7 50 feet from structures, haystacks and other combustible storage. FINDINGS:A,C,D,E,F APPLY 8 9 10 15.16.270 LP-Gas permits, Plans and Records 11 Section 8202.1 of the California Fire Code is amended to add as follows: 12 8202.1.1 Permits and Plans. When a commercial installation is 125-gallon 13 aggregate water capacity or greater, the installer shall submit plans for such installation. 14 15 15.16.275 Installation of Equipment-Liquefied Petroleum Gases 16 Section 8203.2.1.3 of the California Fire Code is amended to read as follows: 17 8203.2.1.3 Construction and temporary heating. Portable containers are allowed to 18 be used in buildings or areas of buildings undergoing construction. 19 20 15.16.280 Standards. 21 22 Article 9003 of the California Fire Code is amended by adding the following: , 23 Section 9003. Recognized Standards. California Code of Regulations, Title 19 Public Safety) and Title 24 (Building Standards). 24 25 Section 9003n.2 of the California Fire Code is amended by adding the following: 26 ection 9003n.2. National Fire Protection Association. All volumes and 27 Supplements of the most current published edition. 28 2s 1 15.16.285 Above Ground Tanks 2 Appendix II-F of the California Fire Code title is amended to read as follows: 3 4 APPENDIX II-F PROTECTED ABOVEGROUND TANKS OUTSIDE BUILDINGS 5 6 Appendix II-F Sections 4 and 5 of the California Fire Code are amended to read as follows: 7 8 Section 4.3 Size. Primary tanks shall not exceed a 6,000 gallon individual or 18,000 gallon aggregate capacity. Any above ground tank requires a minimum of 9 1,500 g.p.m. fire flow on site. Refer to Table A-II-F-1. 10 Section 4.3.1 Size-Airport Use Only. Primary tanks shall not exceed 12,000 gallon 11 individual or 48,000 gallon aggregate capacity. Any above ground tank requires a 12 minimum of 1,500 g.p.m. fire flow on site. Refer to Table A-II-F-2. 13 Section 5.2. Secondary Containment. Protected aboveground tanks shall be 14 provided with secondary containment that is a component of the listed protected aboveground tank. The method of monitoring shall be in accordance with Section 15 8003.1.3.3. Enclosed secondary containment shall be provided with emergency 16 venting. 17 Appendix II-F of the California Fire Code is amended by adding the following: 18 i Table A-I1-F-2 19 Minimum Separation Requirements For Protected Above Ground Tanks 20 Airport Use Only-Commercial/Private Individual tank Capacity Minimum distance Minimum distance from Minimum distance 21 Gallons(liters) from property line the nearest side of any between tanks which is or can be built public way or from the feet(mm) upon, including the nearest important 22 opposite side of a building on the same 23 public way feet(mm) property feet(mm) j Less than or equal to 6,000 50 50 5 24 22,712) 25 Greater than 6,000 100 100 5 22,712) 26 FINDINGS:A,C,D,E,F APPLY { 27 28 29 1 2 15.16.290 Modifications Fire Flow 3 4 Appendix III-A Section 3 of the California Fire Code is amended by the deletion of Section 3.1: 5 6 3.1 Decreases. Entire section is deleted 7 Appendix III-A Section 4.2 of the California Fire Code is amended to add the 8 following: 9 4.2 Area Separations. Exception: For purposes of fire sprinklers use Section 10 1003.2.1. 11 Appendix 111-A Section 5.1 of the California Fire Code is amended to add the 12 following: 13 5.1 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, 14 Zones A, B, C. 15 FINDINGS:A,B,C,D,E,F APPLY 16 17 15.16.295 Fire Flow School Buildings 18 10 Appendix III-AA Section 4.2 of the California Fire Code is amended to add the following: 20 .2 Exception: For purposes of fire sprinklers use Section 1003.2.1. 21 FINDINGS:A,C,D,E,F APPLY 22 23 24 25 26 27 fi a 28 30 i 1 � 2 15.16.300 Bail Schedule 3 Appendix VI-D, Figure A-VI-D-5 of the California Fire Code, is 4 amended to read as follows: 5 6 Figure A-VI-D-5 7 Bail Schedule 8 9 10 Section Offense Bail 11 103.4.3.1 Noncompliance with Orders or Notices $1000.00 12 103.4.3.2 Noncompliance with Condemnation Tag $1000.00 13 14 103.4.3.3 Removal and Destruction of tags and Signs $1000.00 15 103.4.4 Unlawful Continuance of Hazards $1000.00 16 17 All other violations are $1000.00 plus court costs. Fines are forfeitable 18 on first offense and mandatory appearance is required on second offense." 19 20 21 22 23 24 25 26 27 28 31 i 1 15.16.300 Bail Schedule 5 2 Appendix VI-D, Figure A-VI-D-5 of the California Fire Code, is 3 4 amended to read as follows: 5 6 Figure A-VI-D-5 Bail Schedule 7 8 9 Section Offense Bail 10 103.4.3.1 Noncompliance with Orders or Notices $1000.00 11 12 103.4.3.2 Noncompliance with Condemnation Tag $1000.00 13 103.4.3.3 Removal and Destruction of tags and Signs $1000.00 14 103.4.4 Unlawful Continuance of Hazards $1000.00 15 16 , 17 All other violations are $1000.00 plus court costs. Fines are forfeitable 18 on first offense and mandatory appearance is required on second offense." 19 20 21 22 23 1H i 24 // I 25 26 1H 27 28 31 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16 OF THE SAN BERNARDINO MUNICIPAL CODE, AND ADOPTING THE 2 CALIFORNIA FIRE CODE (1998), WITH APPENDICES, AND INCORPORATING BY 3 REFERENCE THE 1997 EDITION OF THE UNIFORM FIRE CODE OF THE INTERNATIONAL FIRE CODE INSTITUTE WITH NECESSARY CALIFORNIA 4 AMENDMENTS, TOGETHER WITH CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND THE UNIFORM FIRE CODE STANDARDS (1997). 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a meeting 7 thereof, held on the day of , 1999, by the following vote, to-wit: 8 Council Members: Ayes Nays Abstain Absent 9 10 ESTRADA LIEN 11 MCGINNIS 12 SCHNETZ DEVLIN 13 ANDERSON 14 MILLER 15 16 Rachel Clark, City Clerk 17 The forgoing ordinance is hereby approved this day of 18 , 1999. 19 20 Judith Valles, Mayor City of San Bernardino 21 22 Approved as to form and legal content: 23 24 James F. Penman 25 ity Attorney 26 By 27 / 28 32