HomeMy WebLinkAbout30-City Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16 OF
THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE UNIFORM FIRE
CODE (1988 EDITION) TOGETHER WITH APPENDICES "I-A, I-B,I-C,II-
A,II-B,II-D,II-E,III-A,III-B,III-C,III-D,IV-A,VI-A,VI-B,VI-C,VI-D
INCLUSIVE. AND THE UNIFORM FIRE CODE STANDARD (1988 EDITION).
THE MAYOR AND COMMON 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
standards adopted by reference in Section 15.16.020 shall be
known as the 'Uniform Fire Code".
15.16.020 Codes adopted.
The 1988 Edition of the "Uniform Fire Code" together with
Appendices I-A,I-B,I-C,II-A,II-B,II-D,II-E,III-A,III-B,III-C,
III-D,IV-A,V-A,VI-A,VI-B,VI-C,VI-D inclusive, and the 1988
Edition of the Uniform Fire Code Standards as compiled and
promulgated by the International Conference of Building Officials
and the Western Fire Chiefs' Association, and as modified by this
chapter, are adopted by this reference as a code of the City of
San Bernardino. The provisions of the Uniform Fire Code and
Uniform Fire Code Standards shall apply to all areas within the
jurisdiction of the City of San Bernardino. Three copies of the
1988 Edition of the Uniform Fire Code, including Appendices, and
three copies of the Uniform Fire Code Standards are on file in
the office of the City Clerk.
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15.16.030 Definitions.
A. Whenever- "jur-isdiction" is used in the Unifor-m Fir-e
Code, it shall mean the city of San 8er-nar-dino.
8. Whenever- "chief" is used in the Unifor-m Fir-e Code it
shall mean the Chief of the Fir-e Depar-tment of the City of San
Ber-nar-dino, her-einafter- called "Fire Chief".
C. Whenever- "cor-poration counsel" is used in the Uniform
Fir-e Code, it shall also mean the City Attor-ney of the City of
San Bernar-dino.
D. Whenever- "Chief of the 8ur-eau of Fir-e Pr-evention" is
used in the Uniform Fire Code, it shall also mean "Fir-e Marshal"
or- "Fir-e Pr-evention Engineer-:.
15.16.040 Amendments.
The following sections and provisions of the Uniform Fire
Code (1988 Edition) are amended or- added to r-ead as set forth in
Sections 15.16.045 thr-ough 15.16.250.
15.16.045 Failur-e to comply.
Failur-e to comply with any order or- notice issued by the Chief or-
his r-epr-esentative pursuant to Ar-ticle 3 of the the Unitor-m Fire
Code shall be a misdeanor, which upon conviction ther-eof is
punishable in accor-dance with the provisions of Sec. 1.12.010 of
this code.
15.16.050 Responsibility for- entor-cement.
Section 2.101 of the Uniform Fire Code is amended to r-ead as
follows:
Section 2.101:
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a. The Fi~e Chief shall be ~esponsible fo~ the
administ~ation and enfo~cement of this code. Unde~ his
di~ection, the Fi~e Depa~tment shall enfo~ce all o~dinances,
~esolutions and ~egulations of the City of San 8e~na~dino and
the laws of the State pe~taining to:
1. The p~evention of fires.
2. The supp~ession or extinguishing of dangerous or
hazardous fires.
3. The storage, use and handling of explosive,
flammable, combustible, toxic, corrosive and other hazardous
solid and liquid materials.
4. The installation and maintenance of automatic,
and other private fire alarm systems and fire-
xtinguishing equipment.
5. The maintenance and regulation of fire escapes.
6. The maintenance of fire protection and the
limination of fire hazards on land and in buildings, structures,
nd other property, including those under construction.
7. The means and adequacy of each exit in the event of
fire, from factories, schools, hotels, lodging houses, asylums,
ospitals, churches, halls, theaters, amphitheaters, an all
ther places in which people work, live or congregate from time
to time for any purpose.
8. The investigation of the cause, origin and
ircumstances of fire.
b. It is the duty of, and the following persons are hereby
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autho~ized to enfo~ce the p~ovisions of this code and make
a~~ests and issue citations as autho~ized by law:
1. Fi~e chief, Deputy Chief, Fi~e Ma~shal, Battalion
Chiefs, Fi~e lnvestigato~s and Fi~e lnspecto~s.
2. Such othe~ office~s o~ employees of the City of San
Be~na~dino as may be ~ecommended by the Fi~e Chief and approved
by the Mayo~ and Common Council.
15.16.060 POLICE POWERS
Section 2.105 of the Uniform Fi~e Code is amended to read
as follows:
Section 2.105: The Fi~e Chief and each member of the Fire
Depa~tment whose p~~ncipal duties a~e fire fighting and fi~e
p~evention se~vice shall have the powers of a "peace office~" as
defined in Section 830.1 of the Penal Code in enforcing this
code and othe~ laws and ~egulations ~elating to fire prevention.
16.16.070 Liability fo~ damages.
Section 2.108:
a. This code shall not be construed to hold the public
entity or any office~ or employee ~esponsible fo~ any damage to
pe~sons o~ p~ope~ty by reason of the inspection o~ ~einspection
authorized he~ein p~ovided o~ by ~eason of the app~oval o~
disapproval of any equipment o~ p~ocess authorized he~ein, or fo~
any action in connection with the cont~ol or extinguishment of
any fi~e o~ in connection with any other official duties.
b. Fi~e supp~ession and rescue o~ emergency medical costs
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are recoverable in accordance with California Health and Safety
Code Section 13009(a).
C.
Any person who negligently, or in violation of law,
causes an emergency response, is liable for the costs of securing
such emergency. This shall include but not be limited to
situations such as traffic accidents, or spills of toxic or
flammable fluid or chemicals. Expenses incurred by the Fire
Department for securing such an emergency situation shall
constitute a debt of such persons and is collectable by the Fire
Chief in the same manner as in the case of an obligation under
contract, expressed or implied.
15.16.080 lnspection Fees
Section 2.201 (a)
of the Uniform Fire Code is amended to
read as follows:
(a) The fire prevention bureau shall inspect, as often as
may be necessary, all buildings and premises, including such
other hazards or appliances as the chief may designate for the
purpose of ascertaining and causing to be corrected any
conditions which would reasonably tend to cause fire or
contribute to its spread, or any violations of the purpose or
provisions of the code and any other law or standard affecting
fire safety.
A fee shall
be charged for the following types of
inspections: X = annual inspection fee, Y = individual inspection
General Use
displays,
clearance)
(malls,special process,
,fire
FEE
Established
by resolution
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6 y
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Manufacture of organic coating
Auto tire rebuilding plants
High piled combustible stock
Automobile Wrecking Yards
Cryogenic fluids
Bowling alley & refinishing, sanding
Convalescent and nursing homes
Homes for the aged
Hospitals less than 100 beds
Hospitals 100 beds or more
Nursery schools and child day-care homes
Sanitariums
Schools (private)
Cellulose nitrate plastics, pyroxlin
Combustible fiber facilities
Compressed gas (non-flammable)
Over 6000 cubic feet
Compressed gas (flammable)
Over 6000 cubic feet
Dust Prevention (Collection Systems)
Explosives
Fireworks displays (shows)
Fireworks booths
Spraying/dipping (flammable)
Finishes - spray booth
Flammable Liquid Storage Tanks
Underground storage (per 1000 gals)
Aboveground storage (60 to 999 gals)
(per 1000 gals)
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Flammable Storage
Inside storage
More than 60 gallons or 50# solids
Less than 60 gallons or 50# solids
Outside Storage
Underground storage (per 1000 gals)
Aboveground storage (69 to 999 gals)
(per 1000 gals)
Fumigation and Thermal insecticidal fogging
Garages (automobile- repair)
Hazardous chemical (Appendi~ V-A storage)
Liquified petroleum gasses (over 500 gal water capacity)
Lumber yards
Woodworking Shops
Magnesium
Matches (storage)
Ovens industrial (baking and drying)
Assembly/occupant load under 5000 (loose seats)
Assembly/occupant load 5000 or more (loose seats)
Assembly/movie theaters (fi~ed seats)
Assembly/Club (Lodges, recreation halls)
Assembly/Churches
Assembly/Dance studios and ballrooms
Assembly/Bowling alleys & Billiard Parlors
Assembly/Mortuaries & Cemetery Chapels
Mechanical refrigeration
Tents and air-supported structures
Airports and heliports
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The amount of the fee for each type of inspection shall be
established by resolution of the Mayor and Common Council.
15.16.090 Applicant appeals.
Section 2.303 of the Uniform Fire Code is amended to read
as follows:
Section 2.303: (a) The applicant may appeal the Fire
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 Board 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 Chapter 2.64 of the Municipal
Code. The Mayor and 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.
15.16.100 Standards.
Section 2.304 Subsection (c) of the Uniform Fire Code is
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amended by adding the following:
(C) The following California Code of Regulations shall
apply to all A,E, AND I occupancies only.
CALIFORNIA CODE OF REGULATION
Title 19, Public Safety
Title 24, Building Standards
15.16.110 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 by the Fire Chief when it is
determined that:
(a) It is used by a person other than the person to whom
the permit or certificate was issued.
(b) It is used for a location other than that for which it
was issued.
(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 misrepresentation
as to a material fact in the application or plans on which the
permit or application was based.
15.16.120 "ALL-WEATHER DRIVING SURFACE" defined.
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Section 9.103 of the Uniform Fire Code is by amended by
adding the following definition:
ALL-WEATHER DRIVING SURFACE is an all-weather driving
surface with a concrete or asphalt covering over base material
and a roadbed compacted to ninety-five percent density and of
sufficient thickness to support the imposed loads of fire
apparatus.
15.16.130 "Fireworks" defined.
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".
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1 15.16.140 Fire hydrants.
2 Section 10.206 of the Uniform Fire Code is amended by adding
3 the following paragraph:
4 (C) Fire hydrants on private property shall have a designated no
5 parking zone identified by a red painted curb, beam, or stripe at
6 least eight inches wide and fifteen feet in each direction from
7 the hydrant with white color painted six inch by one-half inch
8 letters stating NO PARKING on both sides of the hydrant.
9 15.16.150 Access roads.
10 Section 10.207 Subsection (b) of the Uniform Fire Code is
11 hereby amended to read as follows:
12 (b) Where required. Fire apparatus access roads shall be
13 required for every building hereafter constructed. The access
14 roadway shall be extended to within one hundred fifty (150) feet
15 of, and shall give reasonable access to , all portions of the
16 exterior walls of the first story of any building. An access road
17 shall be provided within fifty (50) feet of all buildings if
18 natural grade between the access road and building is in excess
19 of thirty percent (301.). Where the access roadway cannot be
20 provided, an approved fire protection system or systems shall be
21 provided as required and approved by the Fire Chief. Access
22 oor(s) shall be provided at near ground level for firefighting
23 urposes in accordance with the Building Code. There shall be at
24 least one door not less than three (3) feet in width and not less
25 han six (6) feet eight (8) inches in height in each one hundred
26 (100) lineal feet or major fraction thereof of the exterior wall
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1 which faces the access roadway. Metal roll-up doors are not
2 acceptable for such purposes.
3 15.16.160 Fire Lane, No Parking.
4 Section 10.207 of the Uniform Fire Code is amended by adding
5 subsection (m) to read as follows:
6 (m) Fire Lane, No Parking. The owner or individual in
7 control of emergency access roadways and streets in private
8 developments shall paint all curbs red and label in si~ inch by
9 one half inch wh~te letters "No Parking Fire Lane" every twenty
10 feet where parking is not allowed and/or conspicuously post
11 legible permanent all-weather signs with lettering having a
12 inimum height of two inches and a minimum width of one-half inch
13 very fifty feet or at locations as required by the Fire
14 epartment to comply with the access provisions of the Uniform
15 ire Code, Section 10.207. Signs are to read: "Fire Lane, No
16 arking". In addition to painting, "No Parking, Fire Lane" on
17 he red curbs, they shall post all weather signs at 100 foot
18 ntervals throughout, that state the following:
19 Red curbs indicate Fire Lanes. No Parking is allowed in
20 hese areas. Violators will be cited. M.C. 15.16.010 .
21 15.16.170 Maintenance of access roadways.
22 Section 10.207 of the Uniform Fire Code is amended by adding
23 ubsection (n) to read as follows:
24 (n) Maintenance of access roadways. Access roadways
25 hall be provided and maintained in a passable condition at all
26 imes. Any obstruction or impedance to reasonable access may be
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~epai~ed o~ ~emoved fo~thwith by any public safety agency and the
expense of ~epai~ o~ ~emoval is to be bo~ne by the owne~ of the
~oadway and in the case of an obst~ucting vehicle o~ object by
the owne~ of said vehicle o~ object. P~io~ to and du~ing
const~uction, the owne~ o~ cont~acto~ shall p~ovide and maintain
6 all ~oadways in a condition that will suppo~t the imposed loads
7 of eme~gency appa~atus in all weathe~ conditions.
8 15.16.180 Automatic Fi~e Extinguishing Systems.
9 Section 10.306 (a), (c) pa~ag~aphs 1 and 3, (d), (h) an (i)
10 of the Unifo~m Fi~e Code a~e amended to ~ead as follows:
11 10.306.(a) Gene~al Requi~ements. An automatic fi~e
12 extinguishing system shall be installed throughout all
13 occupancies and locations as set fo~th in this section. This
14 section shall apply to all new construction or remodel of
15 existing structu~es when :
16 1. The building area is increased to 5000 square feet o~
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2. In buildings of 5000 square feet or more the remodel
consists of fifty percent (507.) or more of the building o~ floo~.
For special p~ovisions on hazardous chemicals and magnesium,
and calcium carbide, see Section 10.309 and Articles
8, 49, and 80.
For purposes of this section, area sepa~ation walls of less
than fou~ (4) hour fire resistive construction, or a clear
nattached space of not less than ten (10) feet shall define
epa~ate buildings.
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10.306.(c) Group A Occupancies. 1. An automatic fire
sprinkler system shall be installed in all buildings or portions
of buildings classified by code as Group A, Division 1; Division
2, Division 2.1; or Division 3 occupancies that exceed five
thousand square feet in floor area.
EXCEPTIONS: 1. All occupancies of Type I Fire Resistive or
Type II Fire Resistive construction of the square footage allowed
by the Uniform Building Code chapter 5, provided with and
approved fire detection system, within all buildings or portions
of buildings classified by code as Group A, Division 1; Division
2, Division 2.1; or Division 3.
2. Buildings divided by a four (4) hour fire wall, as
defined in the Uniform Building Code, without openings, when
the largest area is less than 5000 square feet.
10.306.(c) 3. Exhibition and Display Rooms. An automatic
prinkler system shall be installed in rooms classified as Group
occupancies which have more than five thousand square feet of
loor area which can be used for exhibition or display purposes.
10.306.(d) Group B Occupancies. An automatic sprinkler
ystem shall be installed in all buildings or portions of
uildings classified by code as Group B, Division 1; Division 2;
ivision 3; and Division 4 that exceed five thousand square feet
area.
EXCEPTIONS: 1. All occupancies of Type I Fire Resistive or
II Fire Resistive construction of the square footage allowed
y Uniform Building Code Chp. 5, provided with an approved fire
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10.306.(c) Group A Occupancies. 1. An automatic fire
sprinkler system shall be installed in all buildings or portions
of buildings classified by code as Group A, Division 1; Division
2, Division 2.1; or Division 3 occupancies that exceed five
thousand square feet in floor area.
EXCEPTIONS: 1. All occupancies of Type I Fire Resistive or
Type II Fire Resistive construction of the square footage allowed
by the Uniform Building Code chapter 5, provided with and
approved fire detection system, within all buildings or portions
of buildings classified by code as Group A, Division 1; Division
2, Division 2.1; or Division 3.
2. Buildings divided by a four (4) hour fire wall, as
defined in the Uniform Building Code, without openings, when
the largest area is less than 5000 square feet.
10.306.(c) 3. Exhibition and Display Rooms. An automatic
sprinkler system shall be installed in rooms classified as Group
A occupancies which have more than five thousand square feet of
floor area which can be used for exhibition or display purposes.
10.306.(d) Group B Occupancies. An automatic sprinkler
system shall be installed in all buildings or portions of
buildings classified by code as Group B, Division 1; Division 2;
Division 3; and Division 4 that exceed five thousand square feet
in floor area.
EXCEPTIONS: 1. All occupancies of Type I Fire Resistive or
Type II Fire Resistive construction of the square footage allowed
by Uniform Building Code Chp. 5, provided with an approved fire
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detection system within all buildings or portions of buildings
classified by code as Group B, Division 1; Division 2; Division
or Division 4. 2. Buildings divided by a four (4) hour wall
without openings when the largest area is less than 5000 square
feet.
15.16.190 Sprinkler system supervision alarms.
Section 10.307 is amended to read as follows:
Section 10.307 All automatic fire sprinkler systems covering
buildings over 5000 square feet shall be monitored by an approved
central station. Any system not presently monitored that covers
5000 square feet or more shall comply with this requirement
within 90 days after the adoption of this code.
15.16.200 Chimney spark arresters.
Section 11.111 of the Uniform Fire Code is amended to read
as follows:
Section 11.111. Chimney spark arresters.
la) 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.
lb) An approved spark arrester shall mean a device
constructed of stainless steel, aluminum, copper, or brass, woven
galvanized wire mesh, nineteen gauge 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
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movement and to be visible from the ground.
15.16.210 Accumulation of waste material.
Section 11.201 of the Uniform Fire Code is amended by adding
the following:..
Ie) In the event that abatement is not performed as
required in subsections la) and lc) 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.
15.16.220 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,
arricading or other appropriate measures within ten days of
otice by the Fire Department.
Within thirty days after written notice to do so has been
debris and/or damaged materials shall be removed from
he property and proof furnished that contractual arrangements
ave been made for demolition, replacement or repair of all fire
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damaged structures remaining on property involved in the fire.
15.16.230 Requirements for use of candles and other open-
flame devices.
Section 25.116 Subsection (b)(2)lk) of the Uniform Fire Code
is amended to read as follows:
K. Lighted, hand-held candles are especially dangerous
and shall not be permitted or used. No permit is required for
battery-operated candles or other electric candles.
15.16.240 Permits for manufacturing, sale and discharge
of fireworks.
Section 78.102 Subsection lb) of the Uniform Fire Code is
amended to read as follows:
lb) 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
competent operator approved by the Fire Chief and 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
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1 endanger any person.
2 15.16.250 Life safety requirements for existing buildings.
3 Appendix 1-A, Section 1 of the Uniform Fire Code is amended
4 to read as follows:
1. General.
5
6 la) Purpose. The purpose of this appendix is to provide a
7 reasonable degree of safety to persons occupying existing
8 buildings by providing for alterations to such existing buildings
9 which do not conform with the minimum requirements of this code.
EXCEPTION: High-rise occupancies.
10
11 *nnn*
12
END
n*n*n
13 III
14 III
15 III
16 III
17 III
18 III
19 III
20 III
21 III
~ III
~ III
24 III
~ III
26 III
27 III
18
28 III
ORDINANCE N 'TING - 1988 UNIFORM FIRE ~DE WITH AMENDMENTS
1 I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
meeting held on the
day
4 of
, 1990, by the following vote, to wit:
5 Council Members:
AYES
NAYS
ABSTAIN
6 ESTRADA
REILLY
7 FLORES
MAUDSLEY
8 MINOR
POPE-LUDLAM
9 MILLER
10
11
12
13 of
City Clerk
The foregoing ordinance is hereby approved this
day
, 1990.
14
15
16
W. R. HOLCOMB, Mayor
City of San Bernardino
17 Approved as to
form and legal content:
18
JAMES F. PENMAN
19 City Attorney
20
21
22
23
24
25
26
27
28
19