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HomeMy WebLinkAboutMC-044 ,', I' ORDINANCE NO. TI,~(,_4 4 2 ; ORDINANCE OF THE CITY OF SAN BERNARDINO A~ENDING CHAPTER i115,16 OF THE SAN BERNARDINO HUNICIPAL CODE ANT) ADOPTING THE UNIFORM FIRE CODE (1979 EDITION) TOGETHER WITH APPENDIXES "A" THROUGH "I" INCLUSIVE, AIlD THE UNIFOR~1 FIRE CODE STANDARDS (1979 EDITION) . 3 4 5 THE ~~YOR AND CO~~ON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 7 SECTION 1. Chapter 15.16 of the San Bernardino Municipal 8 Code is amended to read: 9 "15.16.010 Citation. 10 The ordinance codified in this chapter and the code adopte II by reference in Section 15.16.020 shall be known as the 'Uniform 12 Fire Code'. 13 15.16.020 Codes adopted. / 14 The 1979 edition of tr,e 'Uniform Fire Code' togetr,er with 15 Appendixes 'A' through 'I' inclusive, and the 1979 edition of the 16 jUniform Fire Code Standards as compiled and promulgated QY the 17 International Conference of Building Officials and the ~estern Fire Chiefs' Association, are adopted by this reference as a code 18 19 of the City of San Bernardino. The provislons of the Uniform 20 Fire Code and Uniform Fire Code Standards shall apply to all areas 21 within the jurisdiction of the City of San Bernardino. Three 22 copies of the 1979 edition of the Uniform Fire Code, including 23 Appendixes, and three copies of the Uniform Fire Code Standards are on file in the office of the City Clerk. 24 25 15.16.030 Definitions. 26 A. Whenever 'jurisdiction' 1S used in the Uniform Fire 27 Code, it shall be held to mean the City of San Bernardino. 28 B. Whenever' coroora tion counsel' i.B 'lsed in t'1e Uni form 0" MC-44 , ". . I ' I I " Flre Code, it shall be held to mean the city attorney of the city. I fire prevention' is , 2 C. Whenever 'chief of the bureau of 3 used in the Uniform Fire Code, it shall also mean 'fire marshal' 4 or 'fire prevention engineer'. 5 15.16.040 Amendments. 6 The following sections and provisions of the Uniform Fire 7 Code (1979 Edition) are amended or added to read as set forth in 8 Sections 15.16.050 through 15.16.180. 9 15.16.050 Police Powers. 10 Section 2.105 of the Uniform Fire Code is amended to read II as follows: 12 Section 2.105: The Chief and each member of the Fire 13 Department shall have the powers of a 'peace officer' as defined 14 in Section 830.13 of the Penal Code in enforcing this code and 15 other laws and regulations relating to fire prevention. 16 15.16.060 Permits. I7 Section 2.302 of the Uniform Fire Code is amended to read 18 as follows: 19 Section 2.302: The applicant may appeal the Chief 20 Engineer's denial, suspension or revocation of a permit or his 21 interpretation of this code to the Board of Fire Commissioners 22 within 30 days from the date of the decision. The Board shall 23 render its decision and findings in writing to the Chief Engineer 24 with a duplicate copy to the appellant. The applicant may appeal 25 the decision of the Board of Fire Commissioners to the mayor and 26 council within 30 days from the date of the decision. The mayor 27 and council shall render its decision and findings in writing to 28 the Chief Engineer with a duplicate copy to the appellant. 2 MC~44 T: II" I' I I The Board may recommend to the mayor and council such new legis- 2 lation as is consistent therewith. The Board shall adopt reason- 3 able rules and regulations for conducting its proceedings. 4 15.16.070 Standards. 5 Section 2.303(b) of the Uniform Fire Code is amended by 6 adding the following standards: 7 American Petroleum Institute 1800 "K" Street, N.W. Washington, D.C. 20036 8 API STANDARDS 12-A Specification for Oil Storage Tanks with Riveted Shell, 195. 9 10 American Society of Mechanical Engineers 345 East 47th Street, New York, N.Y. 10017 Il ]2 ASME CODES Code for Power Boilers, 1968 Edition. Code for Unifired Pressure Vessels, 1968 Edition. 13 14 American Society for Testing and Materials 1916 Race Street, Philadelphia, PA 19103 ]5 ASTI1 STANDARDS D56-77 Standard Method of Test for Flash Point by Means of the Tag Closed Test (for flash points of liquids below 200 degrees F.). 16 ]7 ]8 D92-72 Flash and Fire Points by Cleveland Open Cup (for flash and fire points of all petroleum products except fuel oils and those having an open cup flash below 175 degrees F.). 19 20 D3278-73 Standard Method of Tests for Flash Point of Liquids by Setaflash Closed Tester (for paints, enamels, lacquers, varnishes and related pro- ducts and their components having flash points between 32 degrees F. and 230 degrees F.). 21 22 23 National Fire Protection Association 470 Atlantic Avenue, Boston, ~ffi 02210 24 25 NFPA 13D 24 395 STANDARDS, NATIONAL FIRE CODES 1979 Sprinkler Systems, Dwellings - 1975 Outside Protection - 1977 Flammable and Combustible Liquids on Farms Isolated Construction Projects - 1977 Storage of Pyroxylin Plastic - 1975 and 26 27 40E 28 3 Ml:-44 , ! II 2 Ii I 3 I I 4 I I 5 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 43A 43C 45 481 490 498 51A 51B 54 56E 61D 651 653 654 655 656 664 72E 74 85F 231 231A 231B 231C 231D 513 291 482H 77 13A Liquid and Solid Oxidizing Haterials - 1975 Storage of Gaseous Oxidizing Materials - 1975 Fire Protection for Laboratories Using Chemicals 1975 Titanium Storage Handling - 1974 Ammonium Nitrate Storage - 1975 Explosives, Motor-Vehicle Terminals - 1978 Acetylene Cylinder Charging Plants - 1974 Cutting and Welding Processes - 1977 National Fuel Gas Code - 1974 Hyprobaric Facilities - 1977 Agricultural Commodities for Human Consumption Aluminum or Hagnesium Powder - 1974 Coal Preparation Plants, Dust Hazards - 1971 Plastics Industry, Dust Hazards - 1975 Sulfur Fires, Explosives Prevention - 1971 Spice Grinding Plants, Dust Hazards - 1971 Woodworking Plants, Dust Hazards - 1971 Automatic Fire Detectors - 1978 Household Fire Warning Equipment - 1978 Pulverized Fuel Systems - 1978 General Storage, Indoor - 1974 General Storage, Outdoor - 1975 Cellular Rubber Plastics Storage - 1974 Rack Storage of Haterials - 1975 Storage of Rubber Tires - 1975 Motor Freight Terminals - 1978 Fire Hydrants, Uniform Harkings - 1977 Zirconium Plants - Producing - 1974 Static Electricity - 1977 Sprinkler Systems, Maintenance - 1978 CALIFORNIA ADHINISTRATIVE CODE Title 19, Public Safety Title 24, Building Standards, the fire safety require- ments of the State Fire Harshal and Department of Housing and Community Development. 15.16.080 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 code may be suspended or revoked when it is determined that: (a) It is used by a person other than the person to whom the permit or certificate was issued. (bl It is used for a location other than that for which it was issued. 4 MC-44 . 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) Any of the conditions or limitations set forth in the permit or certificate have been violated. (d) The permittee fails, refuses or neglects to comply with any order or notice duly served upon him under the provisions of this code within the time provided therein. (e) There has been any false statement or misrepresen- tation as to a material fact in the application or plans on which the permit or application was based. 15.16.090 Definition. 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 sub- stances, or device prepared for the purpose of a visible or audibl 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 any auto flares, paper caps containing not in excess of 0.25 grain of explosive content per cap and 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 Californin are excepted from this definition of 'fireworks'. 15.16.100 Fire Hydrants. 5 Me-4l.> , . .~. i Section 10.206 of the Uniform Fire Code is amended by i 2 adding the following paragraph: 3 Fire hydrants on private property shall have a designated \ 4 area (no parking zones) identified by a red painted curb, beam, 5 or stripe at least eight inches wide and fifteen feet in each 6 direction from the hydrant. 7 15.16.110 Access Roads. 8 Subsection (c) of Section 10.207 of the Uniform Fire Code 9 is amended to read as follows: 10 (c) The access roadway shall be extended to within 150 11 feet of all portions of the exterior wall of all buildings and ]2 to within 40 feet of all multiple story buildings. Where the ]3 access roadway cannot be provided, approved fire protection system ]4 or systems shall be provided as required and approved by the Chief. ]5 15.16.120 Fire Lanes. 16 Section 10.207 is amended by adding subsection (f) to 17 read as follows: 18 (f) The owner, or individual in control of emergency 19 access roadways and streets in private developments shall paint 20 all curbs red where parking is not allowed and conspicuously 21 post legible permanent all-weather signs with lettering having 22 a minimum stroke of two inches by one-quarter inch at locations 23 as required by the Fire Department to comply with the access 24 provisions of Uniform Fire Code, Section 10.207. Signs are to 25 read: 'FIRE LANE, NO PARKING'. 26 15.16.130 Failure to Comply. 27 Section 10.301 of the Uniform Fire Code is amended by 28 adding subsection (f) to read as follows: 6 MC-41. . 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (f) Failure by the developer or any person responsible for a project site to comply with any of these requirements, will be cause for the Chief Engineer to require that all activity at the site be discontinued pending compliance. 15.16.140 Fire Alarms. Subsection (a) of Section 10.307 of the Uniform Fire Code is amended to read as follows: (a) Every apartment house three stories or more in height or containing more than fifteen apartments and every hotel three stories or more in height or containing twenty or more guest rooms, shall have installed therein, an approved fire alarm system, with manual pull-stations to warn occupants of the build- ing in the event "of fire. Such fire alarm systems shall be so designated that all occupants of the building may be warned simultaneously. 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 fire~lace or any heating appliance in which solid or liquid fuel i used, shall be maintained with an approved spark arrester. An approved spark arrester shall mean a device constructed of metal, 19 gauge minimum, with 3/8 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 t'1e ground. 15.16.160 Attic Storage. Section 11.207 is added to the Uniform Fire Code to read 7 KC-44. , 2 3 4 5 6 7 8 9 10 lJ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 !I- as follows: Section 11.207: Combustible materials shall not be stored in attic areas or similar spaces, unless the wall, floor and ceiling forming the storage area are protected on the attic room side as required for one-hour fire resistive construction. 15.16.170 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 either by boarding up all openings, fencing, barricading, or other appropriate measures. Within thirty (30) 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 arrange- ments have been made for demolition, replacements or repair of all fire damaged structures remaining on property involved in the fire. 15.16.180 Safe and Sane Fireworks. 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, to offer for sale, expose to sale, sell at retail or use or explode any fireworks; provided that the Chief Engineer shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by a 8 MC-44 . 11. I jurisdiction, fair associations, amusement parks, other organiza- tions, 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 Chief Engineer and shall be of such character and located, discharged or fired in a manner determined by the Chief Engineer or his designated representative, after proper investigation, not to be hazardous to property or to endanger any person. 15.16.190 Powers and duties of forestry employees. All officers of the United States Forest Service, San Bernardino National Forest, shall have the same powers and author- ity granted to the Chief Engineer and employees of the fire department of the city to enforce the Uniform Fire Code and other laws and rules and regulations pertaining to fire prevention. Said powers and authority shall only apply to areas of the city located within the boundaries of the San Bernardino National Forest. Such officers of the United States Forest Service shall not be construed to be agents, representatives or employees of the city; and the city, its boards, commissions, officers, employees and agents assume no liability or responsibility for their acts or failure to act under this chapter; and these pro- visions are enacted pursuant to the express representation of, and with the understanding by the federal government that the city, its boards, commissions, officers employees and agents shall be saved and held harmless from such liability or respon- sibility. 15.16.200 Violation - Penalty. Any person, firm or corporation, whether as principal, 9 MC~4 f 2 I . " II Ijagent, employee or otherwise, violating or causing the violation IOf any of the provisions of this chapter or code, or violating or I failing to comply with any order made thereunder, or building in 3 4 violation of any detailed statement of specifications or plans 5 submitted and approved thereunder, or any certificate or permit 6 issued thereunder and from which no appeal has been taken, or who 7 fails to comply with such an order as affirmed or modified shall 8 for each and every such violation be guilty of a misdemeanor, and 9 upon conviction thereof shall be punishable by a fine of not more 10 than five hundred dollars, or by imprisonment for a term not to Il exceed six months, or by both such fine and imprisonment. Such 12 person, firm or corporation shall be deemed guilty of a separate 13 offense for each and every day during any portion of which any 14 violations of this chapter or code is committed or continued by 15 such person, firm or corporation and shall be punishable as herein 16 provided. The imposition of one penalty for any violation shall 17 not excuse the violation or permit it to be continued; and all 18 such persons shall be required to correct or remedy such violation 19 or defects within a reasonable time; and when not otherwise 20 specified, each ten days that prohibited conditions are maintained 21 the maintenance of said conditions shall constitute a separate 22 offense. The application of the above penalty shall not be held 23 to prevent the enforced removal of prohibited conditions." 24 I HEREBY CERTIFY that the foregoing ordinance was duly 25 adopted by the Mayor and Common Council of the City of San 26 Bernardino at a reqular ________meeting thereof, held 27 on the 20th April , 1981, by the following day of 28 vote, to wit: 10 MC-44 ... . r II Ii AYES: Councilmen . rastanena, Wheeler, qernandez, 3 NAYS: None Hudson, Hohb~ strickler 2 4 ABSENT: rouncilman Gerwia 5 6 7 ~/Jit/~~b / City Clerk The foregoing ordinance is hereby approved this=P?~day 8 ~"74 / <. / . " of 9 10 11 12 Approved as to form: 13 ~#Ak City At orney 14 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 , 1981. 11