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HomeMy WebLinkAboutMC-1392 Adopted: November 18, 2013 Effective: December 18, 2013 1 ORDINANCE NO. MC-1392 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 3 CHAPTER 15.16 OF THE SAN BERNARDINO MUNICIPAL CODE 4 AND ADOPTING THE 2013 CALIFORNIA FIRE CODE, WITH 5 APPENDICES, AND INCORPORATING BY REFERENCE THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE AND NECESSARY 6 CALIFORNIA AMENDMENTS, TOGETHER WITH CALIFORNIA 7 CODE OF REGULATIONS, TITLE 24. 8 9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 10 BERNARDINO DO ORDAIN AS FOLLOWS: 11 Section 1. Findings. The Mayor and Common Council of the City of 12 San Bernardino do hereby find and declare pursuant to California Health and Safety Code Sections 17958, 17958.5, and 17958.7 the following: 13 14 a. Adverse climatic conditions increase the likelihood of fire. Minor fires can rapidly spread to large ones due to extreme heat, frequent periods of 15 drought, low humidity, and yearly winds (Santa Ana), which have been 16 recorded to reach gusts in excess of 90 miles per hour. 17 b. Existing structures with wood shingles and shakes may contribute to the 18 rapid spread of fire to adjacent structures. Although wood shingles and shakes 19 are no longer approved for new construction in the City, there are many existing structures with this type of roofing material. 20 21 c. There is an increased danger of fire because of natural vegetation including 22 grass, chaparral, manzanita, and chamise. Another factor that increases the risk of fire danger to the City is elevation changes from gradual, to in excess of 23 30%, which include areas within the wildland interface area. Increased 24 development has created additional vehicular traffic on surface streets, freeways bisect the City at the north end and West End, and a freeway borders 25 the City of the south end. Flood Control channels, railways, natural streams and 26 the Santa Ana River also impede responses within the City limits. The rapid 27 increase in single family dwellings and industrial buildings has created many new streets, creating some dead-end streets, additional traffic signals have been 28 installed, all of which increase the response time of fire apparatus, thereby creating a greater risk of life and property from fire. -1- MC-1392 1 2 d. There are portions of the City in the Hazardous Fire Area, where water supply is very limited. Private tanks located on the homeowner's property often 3 provide the only available water supply for firefighting purposes. Public fire 4 hydrants, with appropriate fire-flow, are located several thousand feet from 5 these structures. 6 e. The City has within its boundary potentially active seismic hazards. 7 Seismic activity occurs within the City and a fire potential exists with these active faults. Existing structures and planned new developments are at serious 8 risk from these faults. 9 10 f. Due to these local climatic, geological and topographical conditions, there is an express need for changes and modifications in the 2013 Edition of 11 the California Fire Code. 12 Section 2. San Bernardino Municipal Code, Chapter 15.16 is amended to 13 read as follows: 14 15.16.010 Citation. 15 16 The Ordinance codified in this chapter and the code and standards adopted by 17 reference in Section 15.16.020 shall be known as the California Fire Code. 18 19 15.16.020 Code Adopted. 20 The 2013 Edition of the "California Fire Code" together with the California 21 Code of Regulations, Title 24, and Appendix Chapter 4, and Appendices B, C, 22 E, F, G and H, and the International Fire Code, 2012 Edition published by the International Code Council are adopted by reference into this Chapter, and are 23 hereby collectively declared to be the Fire Code of the City of San Bernardino 24 and are incorporated in the Municipal Code of the City of San Bernardino. The provisions of the California Fire Code—shall apply to all areas within the 25 jurisdiction of the City of San Bernardino. One copy of the 2013 Edition of the 26 California Fire Code, including California Amendments and Appendices is on 27 file in the Office of the City Clerk. 28 15.16.030 Definitions. -2- MC-1392 1 2 A. Whenever "jurisdiction" is used in the California Fire Code, it shall mean the City of San Bernardino. 3 4 B. Whenever "chief' is used in the California Fire Code it shall mean the 5 Chief of the Fire Department of the City of San Bernardino, hereinafter called "Fire Chief', or the Chiefs authorized representative. 6 -, C. Whenever "corporation counsel" is used in the California Fire Code, it shall 8 mean the City Attorney of the City of San Bernardino. 9 D. Whenever "Fire Code Official" is used in the California Fire Code, it shall 10 mean "Fire Marshal" or the Chiefs authorized representative. 11 15.16.040 Amendments. 12 The following sections and provisions of the California Fire Code, (2013 13 Edition) are amended to read as set forth in Sections 15.16.044 through 14 15.16.400. 15 15.16.044 Appointments. 16 17 Section 103.2 Chapter 1 of the California Fire Code is deleted, and shall not be adopted by the City of San Bernardino. 18 19 15.16.045 Liability. 20 Section 103.4 Chapter 1 of the California Fire Code is amended by adding the 21 following: 22 103.4.2 Cost Recovery. 23 24 1. Fire suppression, investigation, rescue, hazardous materials, or emergency medical costs are recoverable in accordance with California Health and Safety 25 Code, Sections 13009 and 13009.1. 26 2. Any person who negligently or intentionally, or in violation of the law 27 causes an emergency response is liable for the costs of securing such emergency. This shall include but not be limited to situations such as false 28 alarms, traffic accidents, fire watch, or spills of toxic or flammable fluid or chemicals, and the costs related to the investigation of the incident. Expenses -3- MC-1392 1 incurred by the Fire Department for securing such emergency situation shall 2 constitute a debt of such persons and is collectable by the Fire Chief in the same manner as in the case of any obligation under contract, expressed or implied. 3 FINDINGS: A,B,C,D,E,F APPLY 4 15.16.055 Applicant Appeals. 5 Section 108.1 Chapter 1 of the California Fire Code is amended to read as 6 follows: 7 108.1 Appeals. The applicant may appeal the Fire Chief's denial, suspension or 8 revocation of a permit or his/her interpretation of this code to the Fire 9 Commission within ten days from the date of notice of the decision. The Fire 10 Commission shall render its decision and findings in writing to the Fire Chief with a duplicate copy to the applicant. 11 12 Appeal Fees. When appeals are filed a processing fee in an amount established by resolution of the Mayor and Common Council shall be paid by the applicant 13 to research and process the appeal. The fee shall be paid to the Fire 14 Department. 15 108.3 Delete entire section. 16 FINDINGS: A,B,C,D,E,F APPLY 17 15.16.060 Fire Prevention Bureau Personnel and Police. 18 19 Section 103.3 Chapter 1 of the California Fire Code is amended to read as follows: 20 21 103.3 The Fire Chief, Fire Marshal and members of the fire prevention bureau 22 shall have the powers of a peace officer as defined in Section 830.37 of the Penal Code, in performing their duties under this code. 23 24 The following persons have the duty, and are hereby authorized, to enforce the provisions of this code and make arrests and issue citations as authorized by 25 law: 26 27 1. Fire Chief, Fire Marshal, Fire Prevention Supervisor, Arson Investigators, Firefighters, Fire Plans Examiner/Systems Inspector, Fire Prevention 28 Officers and Fire Prevention Technicians. -4- MC-1392 1 2. When requested to do so by the Fire Chief, the Chief of Police is 2 authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code. 3 FINDINGS: A,B,C,D,E,F APPLY 4 5 15.16.061 Commencement of Proceedings. 6 Section 110 Chapter 1 of the California Fire Code is amended by adding the 7 following: 8 110.5 Abatement Proceedings. Whenever the Fire Chief or his/her designated 9 representative reasonably believes a violation of the California Fire Code exists, 10 he/she shall commence abatement proceedings in accordance with Chapter 8.30 of the San Bernardino Municipal Code. All hearings shall be conducted by the 11 Fire Chief or his/her designee ("Hearing Officer"). The Hearing Officer may 12 hear matters pertaining to both California Fire Code violations and/or public nuisance violations as enumerated in Section 8.30.010. (Ord. MC-1015, 1-26- 13 98) 14 FINDINGS: A,B,C,D,E,F APPLY 15 15.16.065 Inspections & Inspection Fees. 16 17 Section 105.1.1 Chapter 1 of the California Fire Code is amended by adding the following: 18 19 105.1.1.1 Inspection Fees 20 These fees shall be set by Resolution of the Mayor and Common Council. 21 22 Inspection Fees - An inspection fee may be charged for Fire Department routine inspections and re-inspections of property to cover the costs of such 23 inspections. The amount of the inspection fee shall be established by 24 Resolution of the Mayor and Common Council. 25 1. The Fire Marshal may authorize refunding of any fee that was erroneously 26 paid or collected. Requests for refunding of any fee paid shall be submitted 27 by written application no later than 180 days after the date of fee payment. 28 -5- MC-1392 1 2. The property owner/occupant charged the inspection fee may appeal the 2 imposition or the amount of the fee. Appeals related to fees shall be pursuant to Section 2.64 of the San Bernardino Municipal Code. 3 FINDINGS: A,B,C,D,E,F APPLY 4 5 Section 105.6.15 Delete 6 Section 105.6.35 Delete Exception 7 Section 105.6.47 Chapter 1 of the California Fire Code is amended by adding 8 the following: 9 10 4. Auto Wrecking Yards 5. Battery storage/Battery systems 11 6. Commercial Day Care Facilities 12 1. Less than 50 2. More than 50 13 7. Convalescent facilities 14 8. Fire works booths 9. General inspection/Certificate of Occupancy 15 10. High Rise 16 11. Hospitals 17 1. Less than 100 beds 2. More than 100 beds 18 12. Kitchen Hoods (fixed hood and duct systems) 19 13. Large Family Day Care 14. New business inspection 20 15. Pallet Yards > 200 ft3 of wood or plastic storage 21 16. Radioactive materials 22 17. Residential board and care 18. Schools, private and vocational 23 FINDINGS: A,B,C,D,E,F APPLY 24 15.16.070 New Construction and Alterations. 25 26 Section 105.7 Chapter 1 of the California Fire Code is amended to read as follows: 27 28 1. The fire code official is authorized to issue construction permits for work as set forth in Chapter 1, Sections 105.7.1 through 105.7.16. -6- MC-1392 1 2 2. Approval and Inspection Fees. A fee will be charged for permits, plan checks and/or inspections for construction or work which requires Fire 3 Department approval. The amount of the fee shall be established by Resolution 4 of the Mayor and Common Council. 5 3. Investigation Fees: Work without a Permit. Whenever any work for which a 6 permit is required by this code has been commenced without first obtaining said 7 permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected 8 whether or not a permit is then or subsequently issued. The investigation fee 9 shall be equal to the permit fee required by this code. The payment of such 10 investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. The Fire 11 Marshal may authorize refunding of any fee paid hereunder which was 12 erroneously paid or collected. The Fire Marshal may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under 13 a permit issued in accordance with this code. The Fire Marshal may authorize 14 refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid, is withdrawn 15 or canceled before any plan reviewing is done. The Fire Marshal shall not 16 authorize refunding of any fee paid except on written application filed by the 17 original permittee not later than 180 days after the date of fee payment. 18 FINDINGS: A,B,C,D,E,F APPLY 19 20 15.16.075 Authorization to Issue Corrective Orders and Notices. 21 22 Section 109.3 Chapter 1 of the California Fire Code is amended to read as follows: 23 24 General. When the chief finds in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or 25 finds unnecessary accumulations of wastepaper, boxes, shavings or any highly 26 flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows 27 that reasonably tend to interfere with the operations of the fire department or the 28 egress of the occupants of such building or premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is -7- MC-1392 1 reduced; or finds that this code is being violated the chief is authorized to issue 2 orders as necessary, for the enforcement of the fire prevention laws and ordinances governing the same, and for the safeguarding of life and property 3 from fire or any other situation which may affect the health safety of any person 4 occupying buildings or premises. 5 FINDINGS: A,B,C,D,E,F APPLY 15.16.086 Citations. 6 7 Section 109.4 Chapter 1 of the California Fire Code is amended to read as follows: 8 9 Section 109.4 Violation penalties. Persons who shall violate a provision of this 10 code or shall fail to comply with any requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction 11 documents or directive of the Fire Marshal, or of a permit or certificate used 12 under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment 13 in the County jail not exceeding six months, or both such fine and 14 imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 15 FINDINGS: A,B,C,D,E,F APPLY 16 17 15.16.087 Emergency Abatement/Closure Procedure 18 19 Section 110.3 of the California Fire Code is amended to read as follows: 20 110.3 Summary abatement 21 22 A. Not withstanding any other provision of this Chapter with reference to the Abatement of California Fire Code violations, whenever the Fire Chief or 23 his/her duly authorized representative determines that property, a building 24 or structure is structurally unsafe, or constitutes a fire hazard, or endangers the life, health, property or safety of the public or its occupants, and such 25 condition constitutes an immediate hazard or danger, he or she shall, 26 immediately and forthwith abate the existing immediate hazard or danger, 27 including but not limited to the closure of the property. 28 B. In lieu of the summary abatement hearing procedures for Dangerous Buildings in Section 15.28, the Fire Chief or his/her duly authorized -8- MC-1392 1 representative shall mail, immediately after such emergency 2 abatement/closure, a Notice of Hearing to the owners of the real property upon which the structure is located. Notice shall be mailed to the address 3 as ascertained from title company records, the latest assessment roll of the 4 County Assessor, or if no address is so shown, to the address of the 5 property as such address may be known by the Fire Chief or duly authorize representative. Such notice shall contain the following information: 6 7 1) that a Hearing has been scheduled within twenty (20) days of such emergency abatement/closure action before the Fire Chief or his/her 8 designee ("Hearing Officer") with the date, time and location of 9 such Hearing; 10 2) that emergency action was taken with regards to the property; 11 12 3) the reason why he/she has taken the action. 13 At the hearing, the Hearing Officer shall consider all relevant evidence, 14 including, but not limited to, applicable staff reports. He or she shall give any interested person a reasonable opportunity to be heard in conjunction 15 therewith. Based upon the evidence so presented, the Hearing Officer shall 16 determine whether the emergency action was warranted. The hearing shall 17 not be conducted according to formal rules of evidence or procedure, but shall be conducted in a manner generally complying with the 18 Administrative Procedure Act at Government Code Section 11370, et seq. 19 C. The expense of the abatement shall be itemized and, after a hearing, notice 20 of which is given in substantial compliance with Section 8.30.040, relating 21 to the emergency nature of the abatement and the expenses incurred, shall 22 constitute a special assessment and lien against the abated parcel as set forth in Sections 8.30.110, 8.30.120, 8.30.130, and 8.30.150_. 23 FINDINGS: A,B,C,D,E,F APPLY 24 15.16.100 All Weather Driving Surface defined. 25 Section 202 of the California Fire Code is amended by adding the following 26 definition: 27 ALL WEATHER DRIVING SURFACE is an approved concrete or asphalt 28 covering of sufficient thickness to support the imposed loads of fire apparatus. FINDINGS: A,B,C,D,E,F APPLY -9- MC-1392 1 2 15.16.110 Fireworks defined. 3 Section 202 of the California Fire Code is amended by amending the definition 4 of"Fireworks" to read as follows: 5 FIREWORKS shall mean and include any combustible or explosive 6 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 8 cannons, toy canes, or toy guns in which explosives are used, firecrackers, 9 torpedoes, skyrockets, roman candles, daygo bombs, sparklers, or other devices 10 of like construction and any devices containing an explosive substance, except that the term "Fireworks" shall not include auto flares, paper caps containing 11 not in excess of 0.25 grain of explosive content per cap or toy pistols, toy canes, 12 toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times. 13 FINDINGS: A,B,C,D,E,F APPLY 14 15.16.112 Hazardous Fire Area defined. 15 16 Section 202 of the California Fire Code HAZARDOUS FIRE AREA is 17 amended by adding the following definition: 18 HAZARDOUS FIRE AREA is land which is covered with grass, grain brush 19 or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that fire originating upon such land would present an 20 abnormally difficult job of suppression or would result in great and unusual 21 damage through fire or resulting erosion. Such areas are designated as follows: 22 That area within the City lying north of a line extending Easterly from the 23 West City limits to the East City limits and bounded on the South side by 24 streets and highways as follows: 25 Barstow Freeway from West City limits to the intersection of Palm Avenue 26 and the Barstow Freeway; Northerly from the Barstow Freeway on Palm 27 Avenue to Kendall Drive; Easterly on Kendall Drive to 40th Street and transition Easterly from the intersection of Kendall Drive and 40th Street; 28 on 40th Street; and continue Easterly to Mountain Avenue; from the intersection of 40th Street and Mountain Avenue; Southerly on Mountain -10- MC-1392 1 Avenue to 39th Street; Easterly on 39th Street to Del Rosa Avenue; 2 Southerly from the intersection of 39th Street to Marshall Boulevard; Easterly from the intersection of Del Rosa Avenue and Marshall Boulevard 3 on Marshall Boulevard; Marshall Boulevard to Victoria Avenue; Victoria 4 Avenue to Piedmont Drive; Piedmont Drive East to Diablo Drive; Diablo 5 Drive East to El Toro Street; El Toro Street extending East to Highway 330; Highway 330 South to Highland Avenue; thence East and South- 6 easterly along the centerline of Highland Avenue to the centerline of Church Street. 8 Inclusive of area beginning at the intersection of Pacific Street and Del 9 Rosa Avenue; Pacific Street West to Perris Hill Park Road; Perris Hill o Park Road North in a line to intersect Highland Avenue; Highland Avenue East to Del Rosa Avenue; Del Rosa Avenue South to Pacific Street. 11 12 Inclusive of area beginning at the intersection of Little Mountain Drive and Kendall Drive; Kendall Drive East to 40th Street; 40th Street East to 13 Electric Avenue; Electric Avenue South to Thompson Place; Thompson 14 Place West to Mayfield Avenue; Mayfield Avenue South to 36th Street; 36th Street West to "F" Street; "F" Street South to 33rd Street; 33rd Street West 15 to "H" Street' "H" Street South to Marshall Boulevard; Marshall 16 Boulevard West in a line to intersect Cajon Boulevard; Cajon Boulevard 17 West to University Parkway/State Street; University Parkway North to State Street; State Street North to Morgan Road; Morgan Road East to 18 Little Mountain Drive; Little Mountain Drive North to Kendall Drive. 19 Hazardous Fire Areas shall be inclusive of any additional land area, 20 whether publicly or privately owned, which the Fire Chief of the Fire 21 Department determines to be so situated or so inaccessible that fire upon 22 said land could present an abnormally difficult task of fire suppression. Such additional land areas shall be designated on a map available to the 23 public and maintained by the Fire Department at the Central Fire Station, 24 200 East Third Street, San Bernardino. The Fire Chief shall provide a written description of the boundaries of any additional land area to the 25 City Clerk who shall provide for publication of notice thereof pursuant to 26 the provisions of California Government Code 6061 (MC-1023, 5-18-98; 27 Ord. MC-984, 11-4-96) FINDINGS: A,B,C,D,E,F APPLY 28 15.16.114 Special Event defined. -11- MC-1392 1 A non-routine activity within a community that brings together a large number 2 of people. Emphasis is not placed on the total number of people attending but rather the impact on the community's ability to respond to large-scale 3 emergency or disaster or the exceptional demands that the activity places on 4 response services. A community's special event requires additional planning, 5 preparedness, and mitigation efforts of local response and public safety agencies. 6 7 15.16.118 Suppression and control of Hazardous Fire Areas. 8 Chapter 3 of the California Fire Code is amended by adding the following: 9 o Section 319 Suppression and control of hazardous fire areas. 11 Section 319.1 Scope. 12 The unrestricted use of grass-, brush-, or forest-covered land in hazardous fire areas is a potential menace to life and property from fire and resulting erosion. 13 Safeguards to prevent the occurrence of fires and to provide adequate fire- 14 protection facilities to control the spread of fire which might be caused by recreational, residential, commercial, industrial or other activities conduced in 15 hazardous fire areas shall be in accordance with this section. 16 17 Section 319.2 Definitions. For the purpose of Section 319, certain terms are defined as follows: 18 19 1. Tracer is any bullet or projectile incorporating a feature which mark or traces the flight of said bullet or projectile by flame, smoke or othe 20 means which results in fire or heat. 21 2. Tracer Charge is any bullet or projectile incorporating a featur: 22 designed to create a visible or audible effect by means which result i 23 fire or heat and shall include any incendiary bullets and projectiles. Section 319.3 Permits. The fire code official is authorized to stipulate conditions 24 for permits. Permits shall not be issued when public safety would be at risk, as 25 determined by the fire code official. 26 Section 319.4 Smoking. Lighting, igniting or otherwise setting fire to or smokinv 27 tobacco, cigarettes, pipes or cigars in posted areas is prohibited. 28 Section 319.5 Spark Arrestors. All existing chimneys used in conjunction with fireplaces, barbecues, incinerators or heating appliances in which solid, gas, or -12- MC-1392 1 liquid fuel is used shall be provided with a spark arrester constructed with heavy 2 wire mesh or other noncombustible material with openings not to exceed 1/2 inch. 3 Section 319.6 Tracer Bullets, Tracer Charges, Rockets, and model Aircraft. 4 1. Tracer bullets and tracer charges shall not be possessed, fired or caused to 5 be fired in the Special Protection Area. 6 2. Rockets, model planes, gliders and balloons powered with an engine 7 propellant or other feature liable to start or cause fire shall not be fired o 8 projected in the Special Protection Area without a permit from the fire cod: official. 9 Section 319.7 Apiaries. Lighted and smoldering material shall not be used in 10 connection with smoking bees in or upon the very high fire severity zones except 11 by permit from the fire code official. Section 319.8 Outdoor Fires. Outdoor fires shall not be built, ignited or 12 maintained in the Hazardous Fire Area, except by permit from the fire code 13 official. 14 15 EXCEPTION: Outdoor fires within inhabited premises or designate• campsites where such fires are built in a permanent barbecue, portabl: 16 barbecue, outdoor fireplace, incinerator or grill and are a minimum of 31 17 feet from a grass-, grain-, brush- or forest-covered area. 18 Permits shall incorporate such terms and conditions which will reasonabl safeguard public safety and property. Outdoor fires shall not be built, ignited o 19 maintained in the Special Protection Area under the following conditions: 20 1. When high winds are blowing, 21 2. When a person age 17 or over is not present at all times to watch and tens 22 such fire, or 23 3. When public announcement is made that open burning is prohibited. 24 Permanent barbecues, portable barbecues, outdoor fireplaces or grills shall not b: used for the disposal of rubbish, trash or combustible waste material. 25 26 Section 319.9 Clearance of brush and vegetative growth from electrica 27 transmission lines. 28 General. Clearance of brush and vegetative growth from electrical transmissio and distribution lines shall be in accordance with Section 319.9. -13- MC-1392 1 EXCEPTION: 2 Section 319.9 does not authorize persons not having legal right of entry to enter on or damage the property of others without consent of 3 the owner. 4 5 Section 319.9.1 Support Clearance. Persons owning, controlling, operatinti or maintaining electrical transmission or distribution lines shall have a 6 approved program in place that identifies poles or towers with equipmen 7 and hardware types that have a history of becoming an ignition source, an. provides a combustible free space consisting of a clearing of not less than 1I 8 feet in each direction from the outer circumference of such pole or towe 9 during such periods of time as designated by the fire code official. 10 EXCEPTION: 11 Lines used exclusively as telephone, telegraph, messenger call, ala transmission or other lines classed as communication circuits by 12 public utility. 13 14 Section 319.9.2 Electrical Distribution and Transmission Line Clearances 15 General. Clearances between vegetation and electrical lines shall be in accordance with Section 319.9.2. 16 17 Section 319.9.2.1 Trimming clearance. At the time of trimming, clearances not less than those established by Table 319.9.2 (1) should be provided. The 18 radial clearances shown below are minimum clearances that should be 19 established, at time of trimming, between the vegetation and the energized 20 conductors and associated live parts. 21 EXCEPTION: The fire code official is authorized to establish 22 minimum clearances different than those specified in Table 319.9.2 (1) when evidence substantiating such other clearances is submitted to 23 the chief and approved. 24 Section 319.9.2.2 Minimum clearance to be maintained. Clearances not les 25 than those established by Table 319.9.2 (2) shall be maintained during such 26 periods of time as designated by the chief. The site specific clearance 27 achieved, at time of pruning, shall vary based on species growth rates, the utility company specific trim cycle, the potential line sway due to wind, line 28 sway due to electrical loading and ambient temperature, and the tree's location in proximity to the high voltage lines. -14- MC-1392 1 2 EXCEPTION: The chief is authorized to establish minimu clearances different than those specified by Table 319.9.9(2)_whe 3 evidence substantiating such other clearances is submitted to the chie i 4 and approved. 5 6 TABLE 319.9.2 (1) MINIMUM CLEARANCES BETWEEN VEGETATION 7 AND ELECTRICAL LINES AT TIME OF TRIMMING 8 9 MINIMUM RADIAL 10 LINE CLEARANCE FROM VOLTAG CONDUCTOR (feet) 11 E x 304.8 mm 12 2,400- 4 72,000 13 72,001- 6 14 110,000 15 110,001- 10 300,000 16 300,001 15 17 or more 18 19 20 TABLE 319.9.2 (2) MINIMUM CLEARANCES BETWEEN VEGETATION AND ELECTRICAL LINES TO BE MAINTAINED 21 22 MINIMUM 23 CLEARANCE 24 LINE (inches) VOLTAGE x 25.4 MM 25 750-35,000 6 26 35,001-60,000 12 60,001-115,000 19 27 115,001-230,000 301/2 28 230,001-500,000 115 -15- MC-1392 1 2 3 Section 319.9.3 Electrical power line emergencies. During emergencies, the 4 utility company shall perform the required work to the extent necessary to 5 clear the hazard. An emergency can include situations such as trees falling into power lines, or trees in violation of Table 319.9.2 (2) 6 Section 316.11.4 Correction of Condition. The fire code official is 7 authorized to give notice to the owner of the property on which conditions regulated by Section 319.9 exist to correct such conditions. 8 Section 319.10 Dumping. Garbage, cans, bottles, pa ers ashes, refuse, trash, 9 rubbish or combustible waste material shall not be placed, deposited or dumped in to or upon hazardous fire areas or in, upon or along trails, roadways or highways in the Hazardous Fire Area. 11 12 EXCEPTION: Approved public and private dumping areas. 13 Section 319.11 Disposal of ashes. Ashes and coals shall not be placed, deposited 14 or dumped in or upon the Hazardous Fire Area. 15 EXCEPTIONS: 16 1. In the hearth of an established fire pit, camp stove or fireplace. 17 2. In a noncombustible container with a tight-fitting lid, which is kept o 18 maintained in a safe location not less than 10 feet from combustibl: 19 vegetation or structures. 20 3. Where such ashes or coals are buried and covered with 1 foot of minera 21 earth not less than 25 feet from combustible vegetation or structures. 22 Section 319.12 Use of fire roads and firebreaks. Motorcycles, motor scooters and 23 motor vehicles shall not be driven or parked upon, and trespassing is prohibited 24 upon, fire roads or firebreaks beyond the point where travel is restricted by a cable, gate or sign, without the permission of the property owners. Vehicles shall not be 25 parked in a manner which obstructs the entrance to a fire road or firebreak. 26 EXCEPTION: Public officers acting within their scope of duty. 27 Radio and television aerials, guy wires thereto, and other obstructions shall not b: 28 installed or maintained on fire roads or firebreaks unless located 16 feet or mor: above such fire road or firebreak. -16- MC-1392 1 Section 319.13 Use of motorcycles, motor scooters and motor vehicles. 2 Motorcycles, motor scooters and motor vehicles shall not be operated within area closed per section 319.19, without a permit by the fire code official, except upon 3 clearly established public or private roads. Permission from the property owner 4 shall be presented when requesting a permit. 5 Section 319.14 Tampering with fire department locks, barricades and signs. 6 Locks, barricades, seals, cables, signs and markers installed within special 7 protection area, by or under the control of the chief, shall not be tampered with, mutilated, destroyed or removed. Gates, doors, barriers and locks installed by or 8 under the control of the fire code official shall not be unlocked. 9 10 Section 319.15 Liability for damage. The expenses of fighting fires which result from a violation of Section 319 shall be a charge against the person whose 11 violation of Section 319 caused the fire. Damages caused by such fires shall 12 constitute a debt of such person and are collectable by the fire code official in the same manner as in the case of an obligation under a contract, expressed or implied. 13 14 Section 319.16 Clearance of brush or vegetative growth from structures. 15 319.16.1 General. Persons owning, leasing, controlling, operating or maintaining buildings or structures in the Hazardous Fire Area, and persons owning, leasing 16 or controlling land adjacent to such buildings or structures, shall at all times: 17 1. Maintain an effective firebreak by removing and clearing away flammabl: 18 vegetation and combustible growth from areas within 100 feet of suc 19 buildings or structures; 20 Exception: 21 (a). Single specimens of trees, ornamental shrubbery or simila plants used as ground covers, provided that they do not form . 22 means of rapidly transmitting fire from the native growth to an 23 structure. 24 2. Maintain additional fire protection or firebreak by removing brush, flammable vegetation and combustible growth beyond the 100 feet from such 25 buildings or structures, when required by the fire code official because of 26 extra hazardous conditions causing a firebreak of only 100 feet to be insufficient to provide reasonable fire safety. 27 Exception: 28 -17- MC-1392 1 (b). Grass and other vegetation located more than 100 feet from 2 buildings or structures and less than 18 inches in height above the ground need not be removed where necessary to stabilize the 3 soil and prevent erosion. 4 3. Remove portions of trees which extend within 10 feet of the outlet of a 5 chimney. 6 4. Maintain trees adjacent to or overhanging a building free of deadwood. 7 5. Trees shall be trimmed to provide a minimum of 10-foot ground clearance. 8 6. Trees shall be cut/pruned at the angle of the slope in which they reside. 9 7. Irrigated surface fuels shall be maintained at a height not to exceed 18 inches. 10 8. Maintain the roof of a structure free of leaves, needles or other dead 11 vegetative growth. 12 9. Debris and trimmings shall be removed from the site, or chipped and 13 converted into mulch then evenly dispersed in the same area to a maximum depth of three (3) inches. 14 10. Deadwood and tree litter shall be regularly removed from trees. 15 11. Tree crowns extending to within 10 feet of any structure shall be pruned to 16 maintain a 10-foot clear horizontal distance. 17 18 Section 319.17 Clearance of brush or vegetation growth from roadways. The fir: 19 code official is authorized to cause areas within 10 feet on each side of portions o i 20 highways and private streets which are improved, designed or ordinarily used fo vehicular traffic to be cleared of flammable vegetation and other combustibl: 21 growth. The fire code official is authorized to enter upon private property to do so. 22 Exception: Single specimens of trees, ornamental shrubbery or cultivates 23 ground cover such as green grass, ivy, succulents or similar plants used a ground covers, provided that they do not form a means of readily transmittin sj 24 fire. 25 26 Section 319.18 Use of Equipment 27 1. Except as otherwise provided in this section, no person shall use, operate, or 28 cause to be operated, in, upon or adjoining any Hazardous Fire Area, any internal combustion engine which uses hydrocarbon fuels, unless the engine is -18- 14C-1392 1 equipped with a spark arrester and maintained in effective working order, or 2 the engine is constructed, equipped and maintained for the prevention of fire. 2. Spark arresters affixed to the exhaust system of engines or vehicles subject to 3 this section shall not be placed or mounted in such a manner as to allow 4 flames or heat from the exhaust system to ignite any flammable material. 5 3. A spark arrester is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable 6 particles over 0.0232 of an inch in size from the exhaust flow of an internal 7 combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service. 8 4. Engines used to provide motor power for trucks, truck tractors, buses, and 9 passenger vehicles, except motorcycles, are not subject to this section if the 10 exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. 11 5. Turbocharged engines are not subject to this section if all exhausted gases 12 pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in effective mechanical condition. 13 14 Section 319.19 Restricted entry. The fire code official shall determine an. 15 publicly announce when areas within the Hazardous Fire Area shall be closed t. entry and when such areas shall again be opened to entry. Entry on and occupatio 16 of hazardous fire areas, except public roadways, inhabited areas or establishes 17 trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited. 18 Exceptions: 19 1. Residents and owners of private property within hazardous fire areas an. 20 their invitees and guests going to or being upon their lands. 21 2. Entry, in the course of duty, by peace or police officers, and other dul 22 authorized public officers, members of a fire department and members of the United States Forest Service. 23 3. A permit has been issued by the San Bernardino Fire Department to ente 24 a fire-closure area. 25 26 Section 319.20 Trespassing on posted property. 27 1. General. When the fire code official determines that a specific area within the 28 special protection area presents an exceptional and continuing fire dange because of the density of natural growth, difficulty of terrain, proximity t. -19- MC-1392 1 structures or accessibility to the public, such areas shall be closed until change. 2 conditions warrant termination of closure. Such areas shall be posted a hereinafter provided. 3 2. Signs. Approved signs prohibiting entry by unauthorized persons and referrinLJ 4 to applicable fire code chapters shall be placed on every closed area. 5 3. Trespassing. Entering and remaining within areas closed and posted i 6 prohibited. 7 Exception: Owners and occupiers of private or public property withi closed and posted areas, their guests or invitees, and local, state and federa 8 public officers and their authorized agents acting in the course of duty. 9 10 Section 319.21 Explosives and blasting. Explosives shall not be possessed, kept 11 stored, sold, offered for sale, given away, used, discharged, transported or dispose. 12 of within the Hazardous Fire Area except by permit from the fire code official. 13 14 Section 319.22 Fireworks. Fireworks shall not be used or possessed in the Hazardous Fire Area. 15 The Chief is authorized to seize, take, remove or cause to be removed fireworks i 16 violations of Section 319.22. 17 18 Section 319.23 Unusual Circumstances. The fire code official may suspen. 19 enforcement and require reasonable alternative measures designed to advance the purposes of this section if he/she determines in any specific case that any of the 20 following conditions exist: 21 22 1. Difficult terrain. 2. Danger of erosion. 23 3. Presence of plants included in any state and federal resources agencies, 24 California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species. 25 4. Stands or groves of trees or heritage trees. 26 5. Other unusual circumstances that make strict compliance with the 27 clearance of vegetation provisions of Section 319 undesirable or impractical. 28 -20- MC-1392 1 Section 319.24 Storage of Firewood and Combustible Material. Firewood and 2 combustible material shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs. 3 When required by the fire code official, storage of firewood and combustible 4 material stored in the defensible space shall be located a minimum of 20 feet from 5 structures and separated from the crown of trees by a minimum horizontal distance of 15 feet." 6 7 FINDINGS:A,B,C,D,E,F APPLY 8 9 15.16.120 Spark Arrester defined. 10 Section 202 of the California Fire Code is amended by adding the following 11 definition: 12 SPARK ARRESTER is a device constructed of stainless steel, aluminum, 13 copper, or brass, woven galvanized wire mesh, nineteen gauge minimum or 14 three-eighths inch minimum to one-half inch maximum openings, mounted in or over all outside flue openings in a vertical or near vertical post, adequately 15 supported to prevent movement and to be visible from the ground. 16 FINDINGS: A,B,C,D,E,F APPLY 17 18 15.16.121 Safe and Sane Fireworks defined. 19 Section 202 of the California Fire Code is amended by adding the following 20 definition: 21 22 Safe and Sane Fireworks means any fireworks which do not come within the definition of "dangerous fireworks" or "exempt fireworks" as defined in the 23 California Health and Safety Code. 24 FINDINGS: A,B,C,D,E,F APPLY 25 15.16.126 Premises Identification. 26 27 Section 505.1 of the California Fire Code is amended to read as follows: 28 Section 505.1 Address Identification. New and existing buildings shall have approved address numbers, building numbers, or approved building -21- MC-1392 1 identification placed in a position that is plainly legible and visible from the 2 street or road fronting the property. These numbers shall contrast with their 3 background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6" high if the building is 100 lineal feet or less 4 on the street elevation. If greater than 100 lineal feet, numbers shall be a 5 minimum of 12" high. The minimum stroke width shall be 0.5 inch. Where access is by means of a private road and the building cannot be viewed from the 6 public way, a monument, pole, or other sign or means shall be used to identify 7 the structure. In addition, all fire department PIV's, FDC's, OS&Y's, etc., shall have a permanent address sign identifying the building or fire system that it 8 serves. 9 10 11 15.16.135 Fire Department Access. 12 Section 503.1.1 of the California Fire Code is amended to read as follows: 13 14 503.1.1 Required Access. Fire apparatus access roads shall be required for 15 every building hereafter constructed. The access roadway shall be extended to within one hundred fifty (150) feet of, and shall give reasonable access to, all 16 portions of the exterior walls of the first story of any building. An access road 17 shall be provided within fifty (50) feet of all multiple story buildings or when the natural grade between the access road and building is in excess of thirty 18 (30%). 19 FINDINGS: A,C,D,E,F APPLY 20 15.16.140 Maintenance of Access Roadways. 21 22 Section 503.3 of the California Fire Code is amended to read as follows: 23 503.3 Marking of fire apparatus access roads. As directed by the Fire Marshal, 24 the owner or the individual in control of emergency access roadways and streets in private developments shall paint curbs red and label in six inch by one-half 25 inch white letters "NO PARKING- FIRE LANE" every twenty feet where 26 parking is not allowed. 27 and/or 28 -22- MC-1392 1 Conspicuously post legible, permanent all-weather signs with lettering having a 2 minimum height of two inches and a minimum width of one-half inch every fifty feet. Signs are to read "NO PARKING- FIRE LANE". 3 FINDINGS: A,B,C,D,E,F APPLY 4 5 Section 503.4 of the California Fire Code is amended by adding the following: 6 7 503.4.2 Entrances to roads, trails or other access ways, which have been closed with gates and barriers in accordance with Section 503.5 shall not be obstructed 8 by parked vehicles. 9 10 Any obstruction or impedance with reasonable access may be removed or repaired forthwith by any public safety agency. The expense of removal or 11 repair is to be borne by the owner of the roadway. In the case of an obstructing 12 vehicle or object, the expense is to be borne by the owner of said vehicle or object. 13 14 Section 503.2 of the California Fire Code is amended by adding the following: 15 503.2.9 Prior to combustible construction, the owner or contractor shall 16 provide and maintain concrete or asphalt roadways that will support the 17 imposed loads of emergency apparatus in all weather conditions. FINDINGS: A,B,C,D,E,F APPLY 18 19 15.16.155 Automatic Fire Extinguishing Systems. 20 Section 903.2 of the California Fire Code is amended 21 by adding the following: 22 903.2 Where required. An automatic fire extinguishing system shall be installed 23 in all newly constructed buildings where the square footage is 5,000 square feet 24 or more, and throughout all occupancies as set forth in this section. All portions of the building shall comply. No partial systems allowed. This section shall 25 apply to the following: 26 1. The existing building square footage is increased to 5000 square feet or 27 more, or the existing square footage is 5,000 or more and any additional 28 square footage or appendage is added. -23- MC-1392 1 2. The existing building is, or exceeds 5000 square feet and the cumulative 2 amount of remodeling, rehabilitation or repairs exceed 50% or more of the 3 total floor area of the building, as determined by the Chief and Building Official. 4 5 3. In buildings that are, or exceed 5000 square feet which have been vacant, or lack a verifiable legal occupancy for a period of 365 days. (San Bernardino 6 Municipal Code Title 5 and Title 15) 7 4. Buildings which are, or exceed 5000 square feet and have a change in use or 8 occupancy classification, which increases the fire hazard of the structure or 9 the life safety of the occupants as determined by the Chief 10 5. Buildings which have had an occupancy change and exceed the maximum 11 allowable square footage per occupancy type as set forth in the California 12 Fire Code, Chapter 9. 13 For purposes of this section, fire walls and fire partitions shall not define 14 separate buildings. A clear unattached space of not less than (10) feet shall define separate buildings. 15 FINDINGS: A,B,C,D,E,F APPLY 16 17 Section 903.3.5.1 Delete entire section 18 15.16.170 Power Source. 19 Section 907.2.11.4 of the California Fire Code is amended by adding the 20 following: 21 22 907.2.11.4.1 Power Source. When required by the Fire Marshal in existing Group R Occupancies smoke alarms shall receive their primary power from the 23 building wiring where such wiring is served from a commercial source and 24 shall be equipped with a battery backup. Smoke alarms shall emit a signal when batteries are low. The wiring shall be permanent and without a disconnecting 25 switch other than those required for overcurrent protection. Locations of the 26 smoke detectors shall be determined by the California Building Code. 27 FINDINGS: A,B,C,D,E,F APPLY 28 15.16.180 Storage of Combustible Pallets -24- MC-1392 1 Chapter 28 of the California Fire Code is amended by adding the following: 2 Section 2810 Storage of Combustible Idle Pallets. 3 4 2810.1 General. Storage of combustible idle pallets shall be in accordance wit 5 this section. A permit shall be obtained in accordance with Chapter 1, Sectio 6 105.6. 7 8 2810.2-Storage location. Pallets shall be stored outside or in a separate buildinN 9 designed for pallet storage unless stored indoors in accordance with Sectio 10 2810.3. 11 12 2810.3 Indoor storage. Pallet storage in a building used for other storage or othe 13 purpose shall be in accordance with the provisions for high-hazard commodit 14 high-piled combustible storage contained in Chapter 32. 15 16 Exception: When indoor storage does not exceed 6 feet (1.8 m) in height and the 17 18 aggregate volume of all stored pallets does not exceed 2,500 cubic feet (70.8 m3). 2810.4 Outdoor storage. Pallets stored outside shall be stored in accordance wit 19 Table 2810.4.1 and Table 2810.4.2 and Sections 2810.5 and 2810.6. 20 21 2810.5- Outdoor pile dimensions. Pallet stacks shall not exceed 15 feet (4.6 m) i 22 height nor shall cover an area greater than 500 square feet (46.5 m2). Pallet stack 23 shall be arranged to form stable piles. Piles shall be separated by a minimum of 8 24 feet (2.5 m). Piles shall be a minimum of 10 feet (3.1 m) from property lines. 25 26 2810.6 Fire department access. Fire Department access roadways, meeting the 27 28 requirements of the City of San Bernardino Fire Department, shall be maintaine. within 150 feet of all pallet storage and structures. -25- , MC-1392 1 2 Table 2810.4.1 3 Required Clearance Between Outside Idle Pallet Storage and Other Yard Storage 4 Pile Size Minimum Distance, in feet (m) 5 Under 50 pallets 20 (6.1 m) 6 50-200 pallets 30 (9.2 m) ' Over 200 pallets 50 (15.2 m) 8 9 10 11 Table 2810.4.2 12 Required Clearance Between Outside Idle Pallet Storage and Structures 13 Minimum distance of Wall from Storage, in feet 14 15 Wall Construction (m) Under 50 50 to 200 Over 200 16 Pallets Pallets Pallets 17 Masonry or concrete with no openings 0 0 15 (4.6 m) 18 Masonry with wired glass in openings, 19 0 10 (3.1 m) 20 (6.1 m) outside sprinklers and 1-hour doors 20 Masonry with wired or plain glass, 21 10 (3.l m) 20 (6.l m) 30 (9.2 m) outside sprinklers, and 3/4-hour doors 22 Wood or metal with outside sprinklers 10 (3.1 m) 20 (6.1 m) 30 (9.2 m) 23 Wood, metal, other 20 (6.1 m) 30 (9.2 m) 50 (15.2 m) 24 25 26 15.16.200 Individual Piles. 27 Section 3405.1 of the California Fire Code is amended to read as follows: 28 -26- MC-1392 1 3405.1 Individual piles. Tires shall be restricted to individual piles not 2 exceeding 2,500 square feet of continuous area. Piles shall not exceed 25,000 cubic feet in volume or 10 feet in height 3 FINDINGS: A,B,C,D,E,F APPLY 4 5 15.16.205 Sparks from Chimneys. 6 Section 603.2 of the California Fire Code is amended by adding the following: 7 603.2.1 Sparks from Chimneys. Each chimney used in conjunction with any 8 fireplace or any heating appliance in which solid or liquid fuels are used shall 9 be maintained with an approved spark arrester. An approved spark arrester 10 shall mean a device constructed of stainless steel, aluminum, copper, or brass, woven galvanized wire mesh, nineteen gauge minimum or three-eighths inch 11 minimum to one-half inch maximum openings, mounted in or over all outside 12 flue openings in a vertical or near vertical position, adequately supported to prevent movement and to be visible from the ground. 13 FINDINGS: A,B,C,D,E,F APPLY 14 15 15.16.215 Fire Damage. 16 Section 110 Chapter 1 of the California Fire Code is amended by adding the 17 following: 18 110.5 Fire Damage. The owner, occupant or other persons under his control, 19 having 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, 20 fencing, barricading or other appropriate measures as determined by the Chief. 21 22 All debris and/or damaged materials shall be removed from the property and proof furnished that contractual arrangements have been made for demolition, 23 replacement or repair of all fire damaged structures remaining on property 24 involved in the fire, as determined by the Chief. FINDINGS: A,B,C,D,E,F APPLY 25 26 27 15.16.220 False Alarm. 28 Section 401.5 of the California Fire Code is amended by adding the following: -27- MC-1392 1 401.5.1 False Alarms. False alarms shall not be given, signaled or transmitted 2 or caused or permitted to be given, signaled or transmitted in any manner. Failure to comply with this Section will result in penalties charged as prescribed 3 in Section 103.4.2 Cost Recovery of the California Fire Code. 4 FINDINGS: A,B,C,D,E,F APPLY 5 6 15.16.235 Standby Personnel for Public Gatherings. 7 Section 403.1 of the California Fire Code is amended to read as follows: 8 9 Section 403.1 Standby Personnel. Whenever, in the opinion of the Fire Chief, it 10 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 11 performance, exhibition, display, contest or activity, the owner, agent or lessee 12 shall reimburse the Fire Department for one or more qualified persons as required and approved by the Fire Chief to be on duty at such place. Such 13 individuals shall be subject to the Fire Chief's orders at all times when so 14 employed and shall remain on duty during the time such places are open to the public, or when such activity is being conducted. 15 16 Section 403.1.1 Fire Prevention Personnel. Before each performance or the start 17 of such activity, said personnel shall inspect the required fire appliances provided to determine that such devices are in proper place and in good 18 working order and inspect exits and aisles to ensure such passageways are clear 19 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 20 take prompt measures for correcting problems that may occur. Such individuals 21 shall not be required or permitted, while on duty, to perform any other duties 22 than those herein specified. 23 Section 403.1.2 Special Event Medical Plan Required. Whenever, in the 24 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 25 persons, or the nature of the p performance, exhibition, display, contest or 26 activity, the owner, agent or lessee shall submit a Special Event Medical Plan 27 for approval by the Fire Department. This plan shall be submitted at least 30 days prior to the special event. The owner, agent, or lessee shall provide 28 additional emergency medical services, ambulance service, equipment, supplies and personnel, as the Fire Department may require because of special -28- MC-1392 1 circumstances, including but not limited to the location and nature of the event, 2 accessibility to existing emergency medical services systems, access, and weather conditions. In the event that the actual attendance at a special event 3 exceeds the estimate used for determining the required equipment, supplies and 4 personnel by more than 20 percent, it shall be the responsibility of the owner, 5 agent, or lessee to immediately provide the additional medical equipment, supplies, and personnel required. 6 7 FINDINGS: A,C,D,E,F APPLY 8 9 15.16.255 Seizure of Fireworks. 10 Chapter 56 of the California Fire Code is amended by adding the following: 11 12 Section 5609 Seizure of Fireworks. The Chief or Law Enforcement agency is authorized to seize, take, remove or cause to be removed, at the expense of the 13 owner, all stocks of fireworks offered or exposed for sale, stored or held in 14 violation of Section 8.60. FINDINGS: A,B,C,D,E,F APPLY 15 16 15.16.270 LP-Gas permits, Plans and Records. 17 Section 6101.3 of the California Fire Code is amended to read as follows: 18 19 6101.3 Permits and Plans. When a commercial installation is 125-gallon aggregate water capacity or greater, the installer shall submit plans for such 20 installation. 21 FINDINGS: A,B,C,D,E,F APPLY 22 15.16.400 Authorized Fire Chief Representative. 23 24 Section 1.11.2.1.1 1. (1.1.) is amended by adding the following: Pursuant to California Fire Code Section 1.11.2.1.1 1. (1.1.) and California 25 Building Code Section 1.11.2.1.1 1.(1.2.) the Building Official is hereby 2 6 authorized to act as a representative of the Fire Chief to enforce building 27 standards adopted by the California State Fire marshal related to new construction or alterations. 28 SECTION 3. This ordinance is effective January 1, 2014. -29- 14C-1392 1 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.1 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE 2013 3 CALIFORNIA FIRE CODE, WITH APPENDICES, AND INCORPORATING B REFERENCE THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE AN 1 4 NECESSARY CALIFORNIA AMENDMENTS, TOGETHER WITH CALIFORNI• 5 CODE OF REGULATIONS, TITLE 24. 6 I HEREBY CERTIFY that the foregoing Ord.inan e was culiy adopted by the Mayor and Common Council of the City of San Bernardino at aj oin regu meeting thereof, held on the 18 h day of 2013 by the following vote, to wit: Y November , Y g 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ x 11 JENKINS x 12 VALDIVIA x 13 SHORETT x 14 VACANT 15 16 JOHNSON x 17 MULVIHILL x 1s 19 GEOR ANN HANNA, City Clerk 20 Sj 21 The foregoing Ordinance is hereby approved this ', day of November , 2013. 22 23 r>\ _ • 24 'ATR . MO'.' S, Mayor 25 11't of ban Bernardino Approved as to form: 26 27 GARY D. SAENZ, City Attorney 28 By: (_PYIoL --t-+•