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OR:JINANCE NO. !~C-503
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
15.16 OF THE SAN BERNARDINO MUNICIPAL COCE AND ADOPTING THE
UNIFOR~J F.cKE CODE (1985 EDITION) TOGETHER WITH APPENDICES "I-A"
THROUGH "\'I-D" (EXCEPT VI-A) INCLUSIVE, AND THE UNIFORM FIRE CODE
STANDARDS (1985 EDITION).
THE MAYOR AND CCMMCN COUNCIL OF THE CITY OF SAN BERNARDINO
DO I:RDAIN AS FOLLOWS:
7 SECTION 1. Chapter 15.16 of the San Bernardino
8 Municipal Code is al;:ended to read:
9 "15.,](i.01O Citation.
10 The ordinance codified in this chapter and the code and
11 s tm:dards adopted by reference in Spction 15.16.020 shall be
12 known as the 'Uniform Fire Code.'
13 15.16.020 Codes adopted.
14 The 1985 Edition of the 'Uniform Fire Code' together with
15 Appendices 'I-I,' through 'VI-v' (except VI-A) inclusive, and the
16 1985 Edit'on of the Uniform Fire Code Standards as compiled and
17 promulgated by the International Conferencp of GUllding Officials
18 and the 0estern Fire Chiefs' Association, and a" modified by this
19 chapter, are adopted by this reference as a code of the City of
20 San Bernardino. The provisions vf the Uniform Fire Code and
21 Uniform Fire Code Standards shall apply to all areas within the
22 jurisdiction of the City of San Bernardino. Three copies of the
23 1985 Edition of the Uniform Fire Code, including Appendices, and
24 three copies of the Unifolm Fire Code Standards are on file in
25 the office of the City Clerk.
26 15.16.030 Definitions.
27
A. ~henever 'jurisdiction' is used in the Uniform Fire
28 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 Bernardino.
7 D. Whenever 'Chief of the Bureau of Fire Prevention' is
8 used in the Uniform Fire Code, it shall 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 is 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 resolutions 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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1 4. The installation and maintenance of automatic,
2 manual and other private fire alarm systems and fire-
3 extinguishing equipment.
4 5. The maintenance and regulation of fire escapes.
5 6. The maintenance of fire protection and the
6 elimination of fire hazards on land and in buildings, structures,
7 and other property, including those under construction.
8 7. The means and adequacy of each exit in the event of
9 fire, from factories, schools, hotels, lodging houses, asylums,
10 hospitals, churches, halls, theaters, amphitheaters, and all
11 other places in which people work, live or congregate from time
12 tc time for any purpose.
13 8. The investigation of the cause, origin and
14 circumstances of fire.
15 b. It is the duty of, and the following persons are hereby
16 authorized to enforce the provisions of this code and make
17 arrests and issue citations as authorized by law:
18 1. Fire Chief and his deputies;
19 2. Such other officers or employees of the City of San
20 Bernardino as may be recommended by the Fire Chief and approved
21 by the Mayor and Common Council.
22 15.16.060 rolice powers.
23 Section 2.105 of the Uniform Fire Code is amended to read as
24 follows:
25 Section 2.105: The Fire Chief and each member of the Fire
26 Department whose principal duties are fire fighting and fire
27 prevention service shall have the powers of a 'peace officer' as
28 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:
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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.
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b. Fire suppression and rescue or emergency medical costs
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
the 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
Title 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 the
14 permit or application was 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 DRIVING SURFACE is an all-weather driving
19 surface with a concrete or asphalt covering over base material
20 and a roadbed compacted 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 follows:
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 at all times.
'Safe and Sane Fireworks' as defined i~ 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 ccrb, 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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1 exterior walls of the first story of any building. An access
2 road shall be provided within fifty feet of all multi-story
3 buildings, and to all other buildings if natural grade between
4 the access road and building is in excess of thirty percent.
5 Where the access roadway cannot be provided, an approved
6 fire protection system or systems shall be provided as required
7 and approved by the Fire Chief. Access door(s) shall be provided
8 at near ground level for firefighting purposes in accordance with
9 the Building Code. There shall be at least one door not less
10 than three feet in width and not less than six feet eight
11 inches in height in each one hundred lineal feet or major
12 fraction thereof of the exterior wall which faces the access
13 roadway. Metal roll up doors are not acceptable for such
14 purposes unless approved by the Fire Chief.
15 15.16.150 No parking signs.
16 Section 10.207 of the Uniform Fire Code is amended by adding
17 subsection (m) to read as follows:
18 (m) No Parking Signs. The owner or individual in control of
19 emergency access roadways and streets in private developments
20 shall paint all curbs red where parking is not allowed and
21 conspicuously post legible permanent all-weather signs with
22 lettering having a minimum height of two inches and a minimum
23 width of one-half inch at locations as required by the Fire
24 Department to comply with the access provisions of the Uniform
25 Fire Code, Section 10.207. Signs are to read: 'FIRE LANE, NO
26 PARKING'.
27 15.16.160 Maintenance of access roadways.
28 Section 10.207 of the Uniform Fire Code is amended by adding
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1 subsection (n) to read as follows:
2 (n) Maintenance of access roadways. Access roadways
3 shall be provided and maintained in a passable condition at all
4 times. Any obstruction or impedance to reasonable access may be
5 repaired or removed forthwith by any public szfety agency and the
6 expense of repair or removal is to be borne by the owner of the
7 roadway and in the case of an obstructing vehicle or object by
8 the owner of said vehicle or object. Prior to and during
9 construction, the owner or contractor shall provide and maintain
10 all roadways in a condition that will support the imposed loads
11 of emergency apparatus in all weather conditions.
12 15.16.170 Water supply.
13 Section 10.301 Subsection (c) of the Uniform Fire Code is
14 amended to read as follows:
15 (c) Water supply. 1. Prior to the commencement of
16 construction, an approved water supply capable of supplying
17 required fire flow for fire protection shall be provided by the
18 developer unless otherwise designated, in writing, by the Fire
19 Chief, to all premises upon which buildings or portions of
20 buildings are hereafter constructed. When any portion of the
21 building protected is in excess of one-hundred-fifty feet from a
22 public fire hydrant connected to a water supply on a public
23 street, there shall be provided, by the developer, unless
24 otherwise designated in writing by the Fire Chief, on-site fire
25 hydrants and mains capable of supplying the required fire flow.
26 2. Water supply may consist of reservoirs, pressure tanks,
27 elevated tanks, water mains or other fixed system capable of
28 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
6 shall be provided on the public street or on the site of the
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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1 contractor licensed by the State Fire Marshal's Office. Fire-
2 protective or extinguishing systems coverage, spacing and
3 specifications shall be maintained in accordance with recognized
4 standards at all times. Such systems shall be extended, altered
5 or augmented as necessary to maintain and continue protection
6 whenever any building so equipped is altered, remodeled or added
7 to. All additions, repairs, alterations and servicing shall be
8 in accordance with recognized standards.
9 15.16.200 Fire alarm system.
10 Section 10.306 Subsection (f) of the Uniform Fire Code is
11 added to read as follows:
12 (f) Alarm level and responsibility of installer. Such fire
13 alarm system shall be so designed so that all occupants of the
14 building shall be warned simultaneously, and the alarm sounding
15 shall be ten decibels above ambient noise level throughout
16 the building. The installer of such fire alarm system shall be
17 responsible for setting the required alarm level and shall
18 document that such alarm level meets the requirements of this
19 subsection.
20 15.16.210 Installation of fixed fire protection system.
21 Section 10.307 Subsection (e) of the Uniform Fire Code is
22 added to read as follows:
23 (e) Automatic telephone dialing devices prohibited.
24 Automatic telephone dialing devices to transmit an emergency
25 alarm shall not be connected to the Fire Department Emergency
26 telephone number.
27 15.16.220 Chimney spark arresters.
28 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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1 under his control, any property, or materials on a property
2 damaged by fire, when access by the public is possible, shall
3 secure the property by boarding up all openings, fencing,
4 barricading or other appropriate measures within ten days of
5 notice by the Fire Department.
6 Within thirty days after written notice to do so has been
7 served, all debris and/or damaged materials shall be removed from
8 the property and proof furnished that contractual arrangements
9 have been made for demolition, replacement or repair of all fire
10 damaged structures remaining on property involved in the fire.
11 15.16.250 Requirements for use of candles and other open-
12 flame devices.
13 Section 25.116 Subsection (b)(2)(K) of the Uniform Fire Code
14 is amended to read as follows:
15 K. Lighted, hand-held candles are especially dangerous
16 and shall not be permitted or used. Battery-operated simulated
17 candles are available and may be used. No permit is required for
18 battery-operated candles or other electric candles.
19 15.16.260 Standby personnel.
20 Section 25.117 of the Uniform Fire Code is amended to read
21 as follows:
22 Section 25.117. Standby personnel. Whenever, in the
23 opinion of the Fire Chief, it is essential for public safety in
24 any place of public assembly or any other place where people
25 congregate, due to the number of persons, or the nature of the
26 performance, exhibition, display, contest or activity, the owner,
27 agent or lessee shall employ one or more qualified persons, as
28 required and approved by the Fire Chief, to be on duty at such
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1 place. Such individuals shall be subject to the Fire Chief's
2 orders at all times when so employed and shall be in uniform and
3 remain on duty during the time such places are open to the
4 public, or when such activity is being conducted. Before each
5 performance or the start of such activity, said personnel shall
6 inspect the required fire appliances, exits and aisles provided
7 to determine that such devices are in proper place and in good
8 working order and such passageways are clear and adequate, and
9 shall keep diligent watch for any safety violations during the
10 time such place is open to the public or such activity is being
II conducted and take prompt measures for correcting problems that
12 may occur. Qualified persons shall also perform, as required,
13 emergency medical care. Such individuals shall not be required or
14 permitted, while on duty, to perform any other duties than those
15 herein specified.
16 15.16.270 Permits for manufacturing, sale and discharge
17 of fireworks.
18 Section 78.102 Subsection (b) of the Uniform Fire Code is
19 amended to read as follows:
20 (b) Except as provided by this code or the San Bernardino
21 Municipal Code, it shall be unlawful for any person to store,
22 offer for sale, expose to sale, sell at retail or use or explode
23 any fireworks; provided that the Fire Chief shall have power to
24 ,adopt reasonable rules and regulations for the granting of
25 permits for supervised public display of fireworks by a
26 public agency, fair association, amusement park, other
27 organization, or for the use of fireworks by artisans in pursuit
28 of their trade. Every such use or display shall be handled by a
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I 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 Fire Chief or his designated representative,
4 after proper investigation, not to be hazardous to property or to
5 endanger any person.
6 15.16.280 Corrosion protection.
7 Section 79.603 of the Uniform Fire Code is amended to read
8 as follows:
9 Section 79.603. All underground tanks and piping shall be
10 protected from corrosive conditions in accordance with the
II requirements established by the Environmental Health Services of
12 San Bernardino County.
13 15.16.290 Life safety requirements for existing buildings.
14 Appendix 1-A, Section 1 of the Uniform Fire Code is amended
IS to read as follows:
16 1. General.
17 (a) Purpose. The purpose of this appendix is to provide a
18 reasonable degree of safety to persons occupying existing
19 buildings by providing for alterations to such existing buildings
20 which do not conform with the minimum requirements of this code.
21 This Appendix shall apply to any type of dwelling or live-in
22 occupancy used for lease or rental."
23 I HEREBY CERTIFY that the foregoing ordinance was duly
24 adopted by the Mayor and Common Council of the City of San
25 Bernardino at a regular meeting thereof,
26 he ld on the 17th day of ~'.arch , 1986, by the
27 following vote, to wit:
28 IIIII
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AYES:
Council t1emhers Estrada, Reilly, Hernandez, !'arks,
Ouiel, Strickler
NAYS:
t10ne
ABSENT:
Council ,'1ember Frazier
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The foregoing ordinance is hereby approved this 19th
day
"Caroh
, 1986. "
d;1A~j 'M<<>/
Mayor 0 t e Ci ty 0 San Irernard ino
of
Approved as to form:
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City A~torney
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