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CIA OF SAN BERNARD.O - REQUAT FOR.COUN6IL/~~ON
From: Ralph H. Prince
Subject: Adoption of Uniform Fire Code,
1985 Edition
Dept: City Attorney
Date: February 21, 1986
Synopsis of Previous Council action:
2/17/86
The minutes of the Legislative Review Committee meeting
were received and filed, and the recommended actions,
as approved, were to be implemented.
Recommen1ed motion:
Waive further first reading of ordinance and layover for final
adoption.
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<<~ lI-.r~hfQ
Signature
Contact person: _____
Mikel Park
Phone:
5388
Supporting data attached: _____
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Cou nc iI Notes:
75-0262
I
Agenda Item NO.~ / '
CI1W OF SAN BERNARD~ - REQU.T FOR COUNCIL A..ON
STAFF REPORT
In order to maintain a complete and comprehensive program of model
codes, the International Conference of Building Officials (lCBO)
and the Western Fire Chiefs' Association publish new editions of
the Uniform Codes at three year intervals. The latest supplement
of the Uniform Fire Code (UFC) is the 1985 edition, the one now
being considered for adoption.
The 1985 UFC is a revision of the 1982 edition which is now in use.
This new revision has many minor changes but none that will have
any significant financial impact on the community.
RAL M. N~~~
Fire Chief 7t,
jw
75-0264
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OR~HNANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
15.16 OF THE SAN ~ERNARDINO MUNICIPAL CODE AND ADOPTING THE
UNIFOR~J F.:.N.E CODE (1985 EDITION) TOGETHER WITH APPENDICES "I-A"
THROUGH "\'1-D" (EXCEPT VI-A) INCLUSIVE, AND THE UNIFORM FIRE CODE
STANDARDS (1985 EDITION).
THE MAYOR AND CC~JMCt" COUNCIL OF THE CITY OF SAN BERNARDINO
DO oRDAIN AS FOLLOWS:
SECTION 1. Chapter 15.16 of the San Bernardino
Municipal Code is amended to read:
"15.16.010 Citation.
The ordinance codified in this chapter and the code and
sta~dards adopted by reference in Srction 15.16.020 shall be
known as the 'Uniform Fire Code.'
15.16.07.0 Codes adopted.
The 1985 Edition of the 'Uniform Fire Code! together with
Appendices I I-I,' through 'YI-I)' (except YI-A) inclusive, and th~
1985 Edltion of the Uniform Fire Code Standards as compiled and
promulgated by tJ.e International Conferenr;p of Duilding Offic iats
and the Western Fire Chiefs' Association, and a" modified bi this
chapter, are adopted by this reference as a code of the City of
San Bernardino. The provisions of the Uniform Fire Code a~d
Uniform Fire Code Standards shall apply to all aieas wi~hin the
jurisdiction of th~ City of San Bernardino. Three copies of the
1985 Edition of the Uniform Fire Code, including Appendices, and
three copies of the Unifotm Fire Code Standards are on file in
the office of the City Clerk.
15.16.030 Definitions.
A. Whenever 'jurisdiction' is used in the Uniform Fire
Code, it shall mean the City of San Bernardino.
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1 B. Whenever 'Chief' is used in the Uniform Fire Code it
2 shall mean the Chief of the Fire Department of the City of San
3 Bernardino, hereinafter called 'Fire Chief'.
4 C. Whenever 'corporation counsel' is used in the Uniform
5 Fire Code, it shall mean the City Attorney of the City of San
6 Bernard ino.
7 D. Whenever 'Chief of the Bureau of Fire Prevention' is
8 used in the Uniform Fire Code, it sha1] also mean 'Fire Marshal'
9 or 'Fire Prevention Engineer'.
10 15.16.040 Amendments.
11 The following sections and previsions of the Uniform Fire
12 Code (1985 Edition) are amended or added to read as set forth in
13 Sections 15.16.050 through 15.16.290.
14 15.16.050 Responsibility for enforcement.
15 Section 2.101 of the Uniform Fire Code 1s amended to read as
16 follows:
17 Section 2.101:
18 a. The Fire Chief shall be responsible for the
19 administration and enforcement of this Co~e. Under his
20 direction, the Fire Department shall enforce all ordinances,
21 reso1utiono and regulations of the City of San Bernardino and
22 the laws of the State pertaining to:
23 1. The prevention of fires.
24 2. The suppression or extinguishing of dangerous or
25 hEzardous fires.
26 3. The storage, use and handling of explosive,
27 flammable, combustible, toxic, corrosive and other hazardous
28 gaseous, solid and liquid materials.
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4. The installation and maintenance of automatic,
manual and other private fire alarm systems and fire-
extinguishing equipment.
5. The maintenance and regulation of fire escapes.
6. The maintenance of fire protection and the
elimination of fire hazards on land and in b~ildings, structures,
and other property, including those under construction.
7. The means and adequacy of each exit in the event of
fire, from factories, schools, hotels, lodgihg houses, asylums,
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hospitals, churches, halls, theaters, amphitheaters, and all
other places in which people work, live or congregate from time
tc time for any purpose.
8. The investigation of the cause, origin and
circumstances of fire.
b. 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:
1. Fire Chief and his deputies;
2. Such other officers or employees of the City of San
Bernardino a~ may be recommended by the Fire Chief and approved
by the Mayor and Common Council.
15.16.060 rolice powers.
Section 2.105 of the Uniform Fire Code is am~nded to read as
follows:
Section 2.105: The Fire Chief and each member of the Fire
Department whose principal duties are fire fighting and fire
prevention service shall have the powers of a 'peace officer' as
defined in Section 830.31 of the Penal Code in enforcing this
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1 code and other laws and regulations relating to fire prevention.
2 15.16.070 Liability for damages.
3 Section 2.108 of the Uniform Fire Code is amended to read as
4 follows:
5 Section 2.108:
6 a. This code shall not be construed to hold the public
7 entity or any officer or employee responsible for any damage to
8 persons or property by reason of the inspection or reinspection
9 authorized herein provided or by reason of the approval or
10 disapproval of any equipment or process authorized herein, or for
11 any action in connection with the control or extinguishment of
12 any fire or in connection with any other official duties.
13 b. Fire suppression and rescue or emergency medical cdsts
14 are recoverable in accordance with California Health and Safety
15 Code Section 13009(a).
16 c. Any person who negligently, or in violation of law,
17 causes an emergency, other than a fire suppression emergency, is
18 liable for the costs of securing such emergency. This shall
19 include but not be limited to situations such as traffic
20 accidents, or spills of toxic or flammable fluids or chemicals.
21 Expenses incurred by the Fire Department for securing such an
22 emergency situation shall constitute a debt of such persons and
23 is collectable by the Fire Chief in the same manner as in the
24 case of an obligation under contract, expressed or implied.
25 15.16.080 Applicant appeals.
26 Section 2.302 of the Uniform Fire Code is amended to read as
27 follows:
28 Section 2.302: <a) The applicant may appeal the Fire
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Chief's denial, suspension or revocation of a permit or his
interpretation of this code to the Board of Fire Commissioners
within ten days from the date of the decision. The Board shall
adopt reasonable rules and regulations for conducting its
proceedings. The Boa:d shall render its decision and findings in
writing to the Fire Chief with a duplicate copy to the applicant.
The applicant may appeal the decision of the Board to the Mayor
and Common Council as provided in Cha~ter 2.64 of the Municipal
Code. The Mayor ard Council shall render its decision and
findings in writing to the Fire Chief with a duplicate copy to
the applicant. With regard to any appeal, the Board may
recommend to the Mayor and Council such new legislation as is
consistent therewith.
(b) When an appeal is 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 for
t~e Board of Fire Commissioners.
(c) The fee shall be paid to the Fire Department.
15.16.090 Standards.
Section 2.303 Subsection (b) of the Uniform Fire Code is
amended by adding the following standards:
CALIFORNIA ADMINISTRATIVE CODE
Title 19, Public Safety
Ti tIe 24, Building Standards
15.16.100 Revocation of permits.
Section 4.107 of the Uniform Fire Code is amended to read as
follows:
Section 4.107: Any permit or certificate issued under this
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1 code may be suspended or revoked by the Fire Chief when it is
2 determined that:
3 . (a) It is used by a person other than the person to whom
4 the permit or certificate was issued.
5 (b) It is used for a location other than that for which it
6 was issued.
7 (c) Any of the conditions or limitations set forth in the
8 permit or certificate have been violated.
9 (d) The permittee fails, refuses or neglects to comply with
10 any order or notice duly served upon him under the provisions
11 of this code within the time provided therein.
12 (e) There has been any false statement or misrepresentation
13 as to a material fact in the application or plans on which ihe
14 permit or application WES based.
15 15.16.110 'All-weather driving surface' defined.
16 Section 9.103 of the Uniform Fire Code is hereby amended by
17 adding the following definition:
18 ALL-WEATHER DFIVING SURFACE is an all-weather driving
19 surface with a concrete or asphalt covering over base material
20 and a roadbed corr.pacted tc ninety-five percent density and of
21 sufficient thickness to support the imposed loads of fire
22 apparatus.
23 15.16.120 'Fireworks' defined.
24 Section 9.108 of the Uniform Fire Code is amended by
25 amending the definition of 'FIREWORKS' to read as folloWB:
26 FIREWORKS shall mean and include any combustible or
27 explosive composition, or any substance or combination of
28 substances, or device prepared for the purpose of a visible or
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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 otter devices for use of such
caps, the sale and use of which shall be permitted a~ all times.
'Safe and Sane Fireworks' as defined ifi Section 12529 of the
Health and Safety Code of the State of California are excepted
from this definition of 'FIREWORKS'.
15.16.130 Fire hydrants.
Section 10.206 of the Uniform Fire Code is amended by adding
the following paragraph:
Fire hydrants on private property shall have a designated no
parking zone identified by a red painted c~rb, 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.
15.16.140 Access roads.
Section 10.207 Subsection (b) of the Uniform Fire Code is
hereby amended to read as follows:
(b) Where required. Fire apparatus access roads shall be
required for every building hereafter constructed~ The access
roadway shall be extended to within one-hundred-fifty feet
of, and shall give reasonable access to, all of the
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exterior walls of the first story of any building. An access
road shall be provided within fifty feet of all multi-story
buildings, ~nd to all other buildings if natural grade between
the access road and building is in excess of thirty percent.
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 Building Code. There shall be at least one door not less
than three feet in width and not less than six feet eight
inches in height in each one hundred 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 unless approved by the Fire Chief.
15.16.150 No parking signs.
Section 10.207 of the Uniform Fire Code is amended by adding
subsection (m) to read as follows:
(m) No Parking Signs. The owner or individual in control of
emergency access roadways and streets in private developments
shall paint all curbs red where parking is not allowed and
conspicuously post legible permanent all-weather signs with
lettering having a minimum height of two inches and a minimum
width of one-half inch at locations as required by the Fire
Department to comply with the access provisions of the Uniform
Fire Code, Section 10.207. Signs are to read: 'FIRE LANE, NO
PARKING' .
15.16.160 Maintenance of access roadways.
Section 10.207 of the Uniform Fire Code is amended by adding
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subsection (n) to read as follows:
(n) Maintenance of access roadways. Access roadways
shall be provided and maintained in a passable condition at all
times. Any obstruction or impedance to reasonable access may be
repaired or removed forthwith by any public safety agency and the
expense of repair or removal is to be borne by the owner of the
roadway and in the case of an obstructing vehicle or object by
the owner of said vehicle or object. Prior to and during
construction, the owner or contractor shall provide and maintain
all roadways in a condition that will support the imposed loads
of emergency apparatus in all weather conditions.
15.16.170 Water supply.
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Section 10.301 Subsection (c) of the Uniform Fire Code is
amended to read as follows:
(c) Water supply. 1. Pr ior to the commencement of
construction, an appro~ed water supply capable of supplying
required fire flow for fire protection shall be provided by the
developer unless otherwise designated, in writing, by the Fire
Chief, to all premises upon which buildings or portions of
buildings are hereafter constructed. When any portion of the
building protected is in excess of one-hundred-fifty feet from a
public fire hydrant connected to a water supply on a public
street, there shall be provided, by the developer, unless
otherwise designated in writing by the Fire Chief, on-site fire
hydrants and mains capable of supplying the required fire flow.
2. Water supply may consist of reservoirs, pressure tanks,
elevated tanks, water mains or other fixed system capable df
supplying the required fire flow. In setting the requirements
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1 for fire flow, the Fire Chief may be guided by the standards
2 published by the Insurance Services Office, Guide for
3 Determination for Required Fire Flow.
4 3. The location, number and type of fire hydrants connected
5 to a water supply capable of delivering the required fire flow
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7 premises to be protected as required and approved by the Fire
8 Chief. All hydrants shall be accessible to the Fire Department
9 apparatus by roadways meeting the requirements of Section
10 10.207.
11 15.16.180 Failure to comply.
12 Section 10.301 of the Uniform Fire Code is amended by adding
13 subsection (f) to read as follows:
14 (f) Failure to comply. Failure by the developer or any
15 person responsible for the project site to comply with any of
16 these requirements, will be cause for the Fire Chief to require
17 that all activity at the site be discontinued pending
18 compl iance.
19 "15.16.190 Maintenance.
20 Section 10.302 Subsection (a) of the Uniform Fire Code is
21 amended to read as follows:
22 (a) General. All sprinkler systems, fire hydrant systems,
23 standpipe systems, fire alarm systems, portable fire
24 extinguishers, smoke and heat ventilators, smoke-removal systems
25 and other fire-protective or extinguishing systems or appliances
26 shall be replaced or repaired where defective. All portable fire
27 extinguishers required by the fire agency having jurisdiction
28 shall be serviced annually by a fire extinguisher service
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contractor licensed by the State Fire Marshal's Office. Fire-
protective or extinguishing systems coverage, spacing and
specifications shall be maintained in accordance with recognized
standards at all times. Such systems shall be extended, altered
or augmented as necessary to maintain and continue protection
whenever any building so equipped is altered, remodeled or added
to. All additions, repairs, alterations and servicing shall be
in accordance with recognized standards.
15.16.200 Fire alarm system.
Section 10.306 Subsection (f) of the Uniform Fire Code is
added to read as follows:
(f) Alarnl level and responsibility of installer. Such fire
alarm system shall be so designed so that all occupants of ~he
building shall be warned simultaneously, and the alarm sounding
shall be ten decibels above ambient noise level throughout
the building. The installer of such fire alarm system shall be
responsible for setting the required alarm level and shall
document that such alarm level meets the requirements of this
subsection.
15.16.210 Installation of fixed fire protection system.
Section 10.307 Subsection (e) of the Uniform Fire Code is
added to read as follows:
(e) Automatic telephone dialing devices prohibited.
Automatic telephone dialing devices to transmit an emergency
alarm shall not be connected to the Fire Department Emergency
telephone number.
15.16.220 Chimney spark arresters.
Section 11.111 of the Uniform Fire Code is amended to read
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as follows:
Section 11.111. Chimney spark arresters.
(a) Each chimney used in conjunction with any fireplace or
any heating appliance in which solid or liquid fuels are used
shall be maintained with an approved spark arrester.
(b) An approved spark arrester shall mean a device
constructed of stainless steel, aluminum, copper or brass, woven
galvanized wire mesh, nineteen gauge inch 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.
15.16.230 Accumulation of waste material.
Section 11.201 of the Uniform Fire Code is amended by adding
the following:
(e) In the event that abatement is not performed as
required in subsections (a) and (c) of this section, the
Fire Chief may cause such abatement by giving notice to the owner
of the property upon which such condition exists to correct such
prohibited condition, and if the owner fails to correct such
condition the Fire Chief may cause the same to be done and
make the expense of such correction a lien upon the property upon
which such condition exists in accordance with Chapter 8.18 of
the San Bernardino Municipal Code.
15.16.240 Fire damage.
Section 11.416 is added to the Uniform Fire Code to read as
follows:
Section 11.416: The owner, occupant or other persons having
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under his control, any property, or materials on a property
damaged by fire, when access by the public is possible, shall
secure the property by boarding up all openings, fencing,
barricading or other appropriate measures within ten days of
notice by the Fire Department.
Within thirty days after written notice to do so has been
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served, all debris and/or damaged materials shall be removed from
the property and proof furnished that contractual arrangements
have been made for demolition, replacement or repair of all fire
damaged structures remaining on property involved in the fire.
15.16.250 Requirements for use of candles and other open-
flame devices.
Section 25.116 Subsection (b)(2)(K) of the Uniform Fir~ Code
is amended to read as follows:
K. Lighted, hand-held candles are especially dangerous
and shall not be permitted or used. Battery-operated simulated
candles are available and may be used. No permit is required for
battery-operated candles or other electric candles.
15.16.260 Standby personnel.
Section 25.117 of the Uniform Fire Code is amended to read
as follows:
Section 25.117. 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 employ one or more qualified persons, as
required and approved by the Fire Chief, to be on duty at such
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place. Such individuals shall be subject to the Fire Chief's
orders at all times when so employed and shall be in uniform and
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, exits and aisles provided
to determine that such devices are in proper place and in good
working order and 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. Qualified persons shall also perform, as required,
emergency medical care. Such individuals shall not be requited or
permitted, while on duty, to perform any other duties than those
herein specified.
15.16.270 Permits for manufacturing, sale and discharge
of fireworks.
Section 78.102 Subsection (b) of the Uniform Fire Code is
amended to read as follows:
(b) Except as provided by this code or the San Bernardino
Municipal Code, it shall be unlawful for any person to store,
offer for sale, expose to sale, sell at retail or use or explode
any fireworks; provided that the Fire Chief shall have power to
adopt reasonable rules and regulations for the granting of
permits for supervised public display of fireworks by a
public agency, fair association, amusement park, other
organization, or for the use of fireworks by artisans in pursuit
of their trade. Every such use or display shall be handled by a
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1 competent operator approved by the Fire Chief and shall be of
2 such character and located, discharged or fired in a manner
3 determined by the tire Chief or his designated representative,
4 after proper investigation, not to be hazardous to property or to
S endanger any person.
6 15.16.280 Corrosion protection.
7 Section 79.603 of the Uniform Fire Code is amended to read
B as follows:
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Section 79.603. All underground tanks and piping shall be
protected from corrosive conditions in accordance with the
requirements established by the Environmental Health Services of
San Bernardino County.
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15.16.290 Life safety requirements for existing buildings.
Appendix 1-A, Section 1 of the Uniform Fire Code is amended
to read as follows:
1. General.
(a) Purpose. The purpose of this appendix is to provide a
reasonable degree of safety to persons occupying existing
buildings by providing for alterations to such existing buildings
which do not conform with the minimum requirements of this code.
This Appendix shall apply to any type of dwelling or live-in
occupancy used for lease or rental."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
2S Bernardino at a
meeting thereof,
26 he Id on the
day of
, 1986, by the
27 following vote, to wit:
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Council Members
NAYS:
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City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1986.
Mayor of the City of San Bernardino
Approved as to form:
yt~;~1) !;~'l"-;('/
City At'torney
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