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HomeMy WebLinkAbout31-City Attorney 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. ~. <<~ 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 . . . . 1 2 3 , 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . . . . 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. 2 . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~ ~ 26 27 ~ 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, , 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 3 . . . . 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 4 . 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 . . . 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 5 . . . . 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 6 . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . 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 7 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~ ~ 26 27 ~ . . . 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 8 . . 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 . . . 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. , 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 9 . . . . . . 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 10 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . 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 1 1 . 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 . . . 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 12 . . 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 . . . 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 .... 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 13 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~ 25 26 27 ~ . . . 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 14 . . . . 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: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. , 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: 28 IIIII 15 . . 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . 1 2 3 AYES: Council Members NAYS: 4 ABSENT: 5 6 7 8 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 16