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HomeMy WebLinkAboutMC-243 '~ T 1 ,\ ~:-2l-13 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAP'fER 15.1b OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE UNIFORM FIRE CODE (1982 EDITION) TOGETHER WITH APPENDICES "I-A" THPOIJGH "VI-D" INCLUSIVE, (EXCEPT "VI-B"), AND THE UNIFORM FIRE COUE STANDARDS (1979 EDITION). 3 4 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 SECTION 1. Chapter 15.16 of the San Bernardino Municipal 8 Cone is amended to read: 9 "15.16.010 Citation. 10 The ordinance codified in this chapter and the code and 11 standards adopted by reference in Section 15.16.020 shall be known 12 as the 'Uniform Fire Code'. 13 15.16.020 Codes adopted. 14 The 1982 edition of the 'Uniform Fire Code' together with 15 Appendices 'I-A' through 'VI-D' inclusive, except 'VI-B', and the 16 19U2 edition of the Uniform Fire Code Standards as compiled and 17 promulgated by the International Conference of Building Officials ]8 and the Western Fire Chiefs' Association, and as modified by this ]9 chapter, are adapted by this reference and shall apply to all 20 areas within the jurisdiction of the City of San Bernardino. 21 Three copies of the 1982 edition of the Uniform Fire Code, 22 including Appendices, and three copies of the Uniform Fire Code 23 Standards shall be maintained on file in the office of the City 24 Clerk. 25 15.16.030 Definitions: 26 A. Whenever 'jurisdiction' is used in the Uniform Fire Code, 27 it shall mean the City of San Bernardino. 28 B. Whenever 'Chief' is used in the Uniform Fire Code it MC-243 1 shall mean the Chief of the Fire Department of the City of San 2 Bernardino, hereinafter called 'Fire Chief'. 3 C. Whenever 'corporation counsel' is used in the Uniform 4 Fire Code, it shall mean the City Attorney of San Bernardino. 5 D. Whenever 'chief of the bureau of fire prevention' is used 6 in the Uniform Fire Code, it shall also mean 'fire marshal' or 7 'fire prevention engineer'. 8 15.16.040 Amendments. 9 The following sections and provisions of the Uniform Fire 10 Code (1982 Edition) are amended or added to read as set forth in 11 Sections 15.16.050 through 15.16.170. 12 15.16.050 Police powers. 13 Section 2.105 of the Uniform Fire Code is amended to read as 14 follows: 15 Section 2.105: The Chief, each public safety member, and 16 members of the Fire Prevention Bureau of the Fire Department shall 17 have the powers of a 'peace officer' as defined in Section 830.13 18 of the Penal Code in enforcing this code and other laws and 19 regulations relating to fire prevention. 20 15.16.060 Permits. 21 Section 2.302 of the Uniform Fire Code is amended to read as 22 follows: 23 Section 2.302: The applicant may appeal the Fire Chief's 24 denial, suspension or revocation of a permit or his interpretation 25 of this code to the Board of Fire Commissioners within ten days 26 from the date of the decision. The Board shall render its 27 decision and findings in writing to the Fire Chief with a 28 duplicate copy to the applicant. The applicant may appeal the -2- MC-243' l 1 decision of the Board of Fire Commissioners to the Mayor and 2 Common Council as provided in Chapter 2.64 of the Municipal 3 Code. 4 15.16.070 Standards. 5 Section 2.303 Subsection (bl of the Uniform Fire Code is 6 amended by adding the following standards: 7 CALIFORNIA ADMINISTRATIVE CODE Title 19, Public Safety 8 Title 24, Building Standards, the fire safety requirements of the State Fire Marshal and Department of Housing 9 and Community Development. 10 15.16.080 Revocation of permits. 11 Section 4.107 of the Uniform Fire Code is amended to read as 12 follo\~s: 13 Section 4.107: Any permit or certificate issued under this 14 code may be suspended or revoked by the Fire Chief when it is 15 determined that: 16 (a) It is used by a person other than the person to whom the 17 permit or certificate was issued. 18 (b) It is used for a location other than that for which it 19 was issued. 20 (cl Any of the conditions or limitations set forth in the 21 permit or certificate have been violated. 22 (d) The permittee fails, refuses or neglects to comply with 23 any order or notice duly served upon him under the provisions of 24 this code within the time provided therein. 25 (e) There has been any false statement or misrepresentation 26 as to a material fact in the application or plans on which the 27 permit or application was based. 28 15.16.090 'Fireworks' defined. -3- MC-Z43" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . ---, Section 9.108 of the Uniform Fire Code is amended by amending the definition of 'fireworks' to read as follows: 'Fireworks' shall mean and include any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of a visible or audible effect by combustion, explosion, deflagration or detonation and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, sparklers, or other devices of like construction and any devices containing an explosive substance, except that the term 'fireworks' shall not include auto flares, paper caps containing not in excess of 0.25 grain of explosive content per cap or toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times. 'Safe and Sane Fireworks' as defined in Section 12529 of the Health and Safety Code of the State of California are excepted from this definition of 'fireworks'. 15.16.100 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 curb, beam, or stripe at least eight inches wide and fifteen feet in each direction from the hydrant. 15.16.110 Access roads. Section 10.207 Subsection (c) of the Uniform Fire Code is amended to read as follows: -4- MC-241 1 2 3 4 5 6 7 8 9 10 11 ]2 13 14 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 . . . Subsection (b) of Section 78.102 of the Uniform Fire Code is amended to read as follows: (b) Except as provided by this code or the San Bernardino Municipal Code, it shall be unlawful for any person to store, 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, or 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 competent operator approved by the Fire Chief. The display shall be of such character and located, discharged or fired in a manner determined by the Fire Chief or his designated representative, after proper investigation, not to be hazardous to property or to endanger any person. The Fire Chief may impose a fee to recover the cost of any inspection required to be performed during hours the inspection personnel would not otherwise be scheduled to work. 15.16.180 Violation - Penalty. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter or code, or violating or failing to comply with any order made thereunder, or building in violation of any detailed statement of specifications or plans submitted and approved thereunder, or building in violation of any certificate or permit issued thereunder and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified shall for each such violation be guilty of a misdemeanor, -7- HC-243 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . designed so that all occupants of the building will be warned simultaneously, and the alarm sounding shall be at least ten decibels above the ambient noise level throughout the building. 15.16.150 Spark arresters. Section 11.111 of the Uniform Fire Code is amended to read as follows: Section 11.111: Each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used, shall be maintained with an approved spark arrester. An approved spark arrester shall mean a device constructed of metal, nineteen gauge minimum, with three-eighth inch minimum to one-half inch maximum opening, mounted in or over all outside flue openings, adequately supported to prevent movement and shall be entirely visible from the ground. 15.16.160 Fire damage. Section 11.416 is added to the Uniform Fire Code to read as follows: Section 11.416: The owner, occupant or other persons having under his control, any property, or materials on a property, damaged by fire, when access by the public is possible, shall secure the property by boarding up all openings, fencing, barricading, or other appropriate measures. Within thirty days after written notice to do so has been served, all debris and/or damaged materials shall be removed from the property and proof furnished that contractual arrangements have been made for demolition, replacement or repair of all fire damaged structures remaining on property involved in the fire. 15.16.170 Safe and sane fireworks. -6- . MC-Z4' 1 (c) Extent. The access roadway shall be extended to within 2 one hundred fifty feet of all portions of the exterior wall of all 3 buildings and to within forty feet of all multiple story 4 buildings. Where the access roadway cannot be provided, approved 5 fire protection system or systems shall be provided as required 6 and approved by the Fire Chief. 7 15.16.120 Fire lanes. 8 Section 10.207 of the Uniform Fire Code is amended by adding 9 subsection (g) to read as follows: 10 (g) The owner, or individual in control of emergency access 11 roadways and streets in private developments shall paint all curbs 12 red where parking is not allowed and conspicuously post legible, 13 permanent all-weather signs with lettering having a minimum stroke 14 of two inches by one-quarter inch at locations as required by the 15 Fire Department to comply with the access provisions of Uniform 16 Fire Code, Section 10.207. Signs are to read: 'FIRE LANE, NO 17 PARKING' . 18 15.16.130 Failure to comply. 19 Section 10.301 of the Uniform Fire Code is amended by adding 20 subsection (f) to read as follows: 21 (f) Failure to comply. Failure by the developer or any 22 person responsible for the project site to comply with any of 23 these requirements, will be cause for the Fire Chief to require 24 that all activity at the site be discontinued pending compliance. 25 15.16.140 Fire alarms. 26 Subsection (e) of Section 10.309 of the Uniform Fire Code is 27 amended to read as follows: 28 (e) Alarm level. Such fire alarm systems shall be -5- KC-243 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . . . and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for a term not to exoeed six months, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter or code is committed or continued by such person, firm or corporation and shall be punishable as herein provided. The imposition of any penal:y for any violation shall not excuse the violation or permit it to be continued, and all persons shall be required to correct or remedy all such violations or defects within a reasonable time. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions." I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regular meeting thereof, held on the 4th day of , 19E3, by the following vote, Janu?ry to wit: AYES: Council I'1embers Reilly, Hernandez, (Juie1, Str ickIer NAYS: None ABSENT: council Mp.mbers Castaneda ,~'larks, Fobbs i ~JZ:I/P?/hJz1.?Y ./ City Clerk The foregoing ordinance o'5'-~_ day of ''!1'-tu1, ' 1983. Approvcid astto form: Ci(jM:te~t~~ San Bernardino- -e-