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HomeMy WebLinkAbout29- Ordinance 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15 . 16. OF 3 THE SAN BERNARDINO MUNICIPAL CODE, AND ADOPTING THE UNIFORM FIRE CODE (1991 EDITION) TOGETHER WITH CALIFORNIA CODE OF REGULATIONS, 4 TITLE 24, PART 9, AND APPENDICES I-A, I-B, I-C, II-A, II-B, II-D, II-E, II-F, III-A, III-C, III-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-C, 5 VI-D, VI-E, VI-F INCLUSIVE, AND THE UNIFORM FIRE CODE STANDARD (1991 EDITION) . 6 7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 8 ORDAIN AS FOLLOWS: 9 SECTION 1. Chapter 15 . 16 of the San Bernardino Municipal Code 10 is amended to read: 11 15 . 16. 010 Citation. 12 The ordinance codified in this chapter and the code and 13 standards adopted by reference in Section 15 . 16. 020 shall be known 14 as the Uniform Fire Code or California Fire Code. 15 15. 16. 020 Codes Adopted. 16 The 1991 Edition of the "Uniform Fire Code" together with 17 Appendices I-A, I-B, I-C, II-A, II-B, II-D, II-E, III-A, III-B, 18 III-C, III-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-C, VI-D, VI-E, VI-F 19 inclusive, the 1991 Edition of California Fire Code, and the 1991 20 Edition of the Uniform Fire Code Standards as compiled and 21 promulgated by the International Conference of Building Officials 22 and the Western Fire Chiefs Association, and as modified by this 23 chapter, and National Fire Protection Association 13 standard for 24 the installation of sprinkler systems, 1989 edition, in its 25 entirety, are adopted by this reference as a code of the City of 26 San Bernardino. The provisions of the Uniform Fire Code, 27 California Fire Code, and Uniform Fire Code Standards shall apply 28 * -1- "11� 1 to all areas within the jurisdiction of the City of San Bernardino. 2 One copy of the 1991 Edition of the Uniform Fire Code, including 3 California Amendment and Appendices, and one copy of the Uniform 4 Fire Code Standards are on file in the Office of the City Clerk. 5 15. 16. 030 Definitions. 6 A. Whenever "jurisdiction" is used in the Uniform Fire Code, 7 it shall mean the City of San Bernardino. 8 B. Whenever "Chief" is used in the Uniform Fire Code, it 9 shall mean the Chief of the Fire Department of the City of San 10 Bernardino, hereinafter called "Fire Chief" . it C. Whenever "Corporation Counsel" is used in the Uniform Fire 12 Code, it shall also mean the City Attorney of the City of San 13 Bernardino. 14 D. Whenever "Chief of the Bureau of Fire Prevention" is used 15 in the Uniform Fire Code, it shall also mean "Fire Marshal" or 16 "Fire Prevention Engineer" . 17 E. Whenever "California Fire Code" is used in the Uniform 18 Fire Code, it shall mean California Code of Regulations, Title 24 , 19 which serves as an amendment to the Uniform Fire Code for A, E and 20 I Occupancies. 21 15. 16.040 Amendments. 22 The following sections and provisions of the Uniform Fire 23 Code, (1991 Edition) are amended or added to read as set forth in 24 Sections 15. 16. 045 through 15. 16 . 280. 25 15. 16. 050 Administration. 26 Section 1. 101 of the Uniform Fire Code is amended to read as 27 follows: 28 * -2- 1 Section 1. 101. This code shall be known as the Uniform Fire 2 Code or California Fire Code, may be cited as such, and will be 3 referred to herein as "this code" . 4 15. 16. 055 Authority for Enforcement. 5 Section 2 . 101 of the Uniform Fire Code is amended to read as 6 follows: 7 Section 2 . 101. (a) The Fire Chief shall be responsible for 8 the administration and enforcement of this code. Under his 9 direction, the Fire Department shall enforce all ordinances, 10 resolutions and regulations of the City of San Bernardino and laws 11 of the State pertaining to: 12 1. The prevention of fire. 13 2 . The suppression or extinguishing of dangerous or 14 hazardous fires. 15 3 . The storage, use and handling of explosive, 16 flammable, combustible, toxic, corrosive and other hazardous 17 gaseous, solid and liquid materials. 18 4 . The installation and maintenance of all automatic and 19 manual fire alarm and extinguishing appliances, systems and 20 equipment. 21 5. The maintenance and regulation of fire escapes. 22 6. The maintenance of fire protection and the elimina- 23 tion of fire hazards on land and in buildings, structures, and 24 other property, including those under construction. 25 7 . The means and adequacy of each exit in the event of 26 fire, from factories, schools, hotels, lodging houses, asylums, 27 hospitals, churches, halls, theaters, amphitheaters, and all other 28 * -3- 1 places in which people work, live or congregate from time to time 2 for any purpose. 3 8 . The investigation of the cause, origin and 4 circumstances of fire and unauthorized releases of hazardous 5 materials. 6 (b) It is the duty of, and the following persons are hereby 7 authorized to enforce the provisions of this code and make arrests 8 and issue citations as authorized by law: 9 1. Fire Chief, Deputy Chief, Fire Marshal, Battalion 10 Chiefs, Fire Investigators, Fire Inspectors, and Firefighters. 11 2 . Such other officers or employees of the City of San 12 Bernardino as may be recommended by the Fire Chief and approved by 13 the Mayor and Common Council . 14 15. 16. 060 Police Powers. 15 Section 2 . 105 of the Uniform Fire Code is amended to read as 16 follows: 17 Section 2 . 105: The Fire Chief and each member of the Fire 18 Department whose principal duties are fire fighting, paramedic 19 service, fire investigation and fire prevention service shall have 20 the powers of a "peace officer" as defined in Section 830. 1 of the 21 Penal Code in enforcing this code and other laws and regulations 22 relating to fire and life safety. 23 15. 16. 070 Liability. 24 Section 2 . 109 of the Uniform Fire Code is amended to read as 25 follows: 26 Section 2 . 109 : (a) This code shall not be construed to hold 27 the public entity or any officer or employee responsible for any 28 -4- 1 damage to persons or property by reason of the inspection or 2 reinspection authorized herein or by reason of the approval or 3 disapproval of any equipment or process authorized herein, or for 4 any action in connection with the control or extinguishment of any 5 fire or in connection with any other official duties. 6 (b) Fire suppression and rescue or emergency medical costs 7 are recoverable in accordance with California Health and Safety 8 Code, Section 13009 (a) . 9 (c) Any person who negligently, or in violation of the law 10 causes an emergency response is liable for the costs of securing 11 such emergency. This shall include but not be limited to 12 situations such as false alarms, traffic accidents, fire watch, or 13 spills of toxic or flammable fluid or chemicals. Expenses incurred 14 by the Fire Department for securing such an emergency situation 15 shall constitute a debt of such persons and is collectable by the 16 Fire Chief in the same manner as in the case of an obligation under 17 contract, expressed or implied. 18 15. 16. 080 Inspections, Unsafe Buildings & Inspection Fees. 19 Section 2 . 201 of the Uniform Fire Code is amended to read as 20 follows: 21 Section 2 . 201 (a) Inspection. The Fire Department shall 22 inspect, as often as may be necessary, buildings and premises, 23 including such other hazards or appliances as the Chief may 24 designate for the purpose of ascertaining and causing to be 25 corrected any conditions which would reasonably tend to cause fire 26 or contribute to its spread, or any violation of the purpose or 27 28 -5- 1 provisions of this code and of any other law or standard affecting 2 fire safety. 3 (b) Unsafe Buildings. Buildings or structures which are 4 structurally unsafe or not provided with adequate egress which in 5 relation to existing use, constitute a hazard to safety or health 6 or public welfare, by reason of inadequate maintenance, 7 dilapidation, obsolescence, fire hazard, disaster damage or 8 abandonment as specified in this code or any other ordinance, are, 9 for the purpose of this section, unsafe buildings. Such unsafe 10 buildings are hereby declared to be public nuisances and shall be 11 abated by repair, rehabilitation, demolition or removal. See the 12 procedure specified in Chapters 1 through 9 of the Uniform Code for 13 the Abatement of Dangerous Buildings. 14 (c) Inspection Fees. A fee shall be charged for the 15 following types of inspections: 16 X = annual inspection fee Y = individual inspection 17 18 Y General Use 1 . Any activity or operation not specifically described in other permits, 19 which is likely to produce conditions hazardous to life or property. 20 X Educational 21 Buildings 1 . Buildings used for educational purposes through 12th grade by 50 or more persons 22 for more than 12 hours per week or for more than 4 hours in one day. 23 2 . Any nonresidential building used for day 24 care (more than 6 children) 25 3 . Any residential building used for day care (more than 6 children) 26 X B-2 Buildings 1. Buildings up to 75 feet in height 27 28 * -6- 1 X High Rise 1. Buildings having floors used for human occupancy located more than 75 feet above 2 the lowest level of fire department vehicle access 3 X Protective 4 Social Care Facilities 1. Nurseries for full time care of children 5 under the age of 6. Hospitals, sanitariums, nursing homes with non- 6 ambulatory guests and similar buildings. 7 2 . Hospitals a. Having less than 100 beds 8 b. Having 100 beds or more 9 3 . Sanitariums 10 4 . Non-ambulatory Nursing Homes a. Having 5 or less clients it b. Having 6 or more clients 12 5 . Ambulatory Nursing Homes a. Having 5 or less clients 13 b. Having 6 or more clients 14 X Restrained Facilities 1 . Mental hospitals, mental sanitariums, 15 jails, prisons, reformatories, and buildings where personal liberties are 16 restrained. 17 a. Mental hospitals/sanitariums b. Jails 18 X Manufacture of Organic Coating 19 X Auto Tire Rebuilding Plants 20 X High Piled Combustible Stock 21 X Automobile Wrecking Yards 22 X Cryogenic Fluids 23 X Bowling Alley & Refinishing, Sanding 24 X Cellulose Nitrate Plastics, Pyroxlin 25 X Combustible Fiber Facilities 26 27 28 * -7- 1 X Compressed 1. Non-Flammable Gas a. Over 6000 cubic feet 2 2 . Flammable 3 a. Over 6000 cubic feet 4 X Dust Prevention (Collection Systems) 5 Y Explosives 1. Fireworks displays (shows) 6 X Fireworks Booths 7 X Spraying/ Dipping 8 (Flammable) 1. Finishes - spray booth 9 X Flammable Liquid 10 Storage Tanks 1. Underground Storage 11 a. Per 1000 gallons 12 2 . Aboveground Storage a. 60 to 999 gallons 13 b. Per 1000 gallons 14 X Flammable Storage 1 . Inside Storage 15 2 . More than 60 gallons or 50# solids 16 3 . Less than 60 gallons or 50# solids 17 4 . Outside storage 18 5. Underground storage 19 a. Per 1000 gallons 20 6 . Aboveground storage a. 69 to 999 gallons 21 b. Per 1000 gallons 22 Y Fumigation and Thermal Insecticidal Fogging 23 X Garages (Autombile - Repair) 24 X Hazardous Chemical (Appendix V-A Storage) 25 X Liquified Petroleum Gasses (Over 500 Gallon Water Capacity) 26 X Lumber Yards 27 28 * -8- 1 X Woodworking Shops 2 X Magnesium 3 X Matches (Storage) 4 X Ovens Industrial (Baking and Drying) 5 X Assembly 1 . Occupant Load under 5000 (loose seats) 6 2 . Occupant Load 5000 or more (loose seats) 7 3 . Movie Theaters (fixed seats) 8 4 . Clubs (lodges, recreation halls) 9 5 . Churches 10 6. Dance Studios and Ballrooms it 7 . Bowling Alleys and Billiard Parlors 12 8 . Mortuaries and Cemetery Chapels 13 X Mechanical Refrigeration 14 X Tents and Air-supported Structures 15 X Airports and Heliports 16 The amount of the fee for each type of inspection shall be 17 established by resolution of the Mayor and Common Council. 18 15. 16. 085 New Construction and Alterations. 19 Section 2 . 202 of the Uniform Fire Code is amended to read by 20 adding the following: 21 (a) Approval and Inspection Fees. A fee will be charged for 22 all permits issued for construction or work which requires fire 23 department approval. The amount of the fee shall be based on the 24 City of San Bernardino Planning and Building Service Schedule of 25 Fees for Plan Check and Building Fees for Residential and 26 Commercial Construction. 27 28 * -9- MWAMMMMM 1 15. 16. 090 Orders, Notices and Tags. 2 Section 2 . 205 (c) of the Uniform Fire Code is amended to read 3 as follows: 4 (c) Stopping Uses and Evacuation. The Chief is authorized to 5 order an operation or use stopped or the evacuation of any 6 premises, building or vehicle or portion thereof which has or is a 7 fire, health or life safety hazard. 8 15. 16. 095 Applicant Appeals. 9 Section 2 . 303 of the Uniform Fire Code is amended to read as 10 follows: it Section 2 . 303 . 12 (a) The applicant may appeal the Fire Chief ' s denial, 13 suspension or revocation of a permit or his interpretation of this 14 code to the Mayor and Common Council within ten days from the date 15 of notice of the decision. The Mayor and Common Council shall 16 render its decision and findings in writing to the Fire Chief with 17 a duplicate copy to the applicant. 18 (b) When an appeal is filed, a processing fee in an amount 19 established by resolution of the Mayor and Common Council shall be 20 paid by the applicant to research and process the appeal. 21 (c) The fee shall be paid to the Fire Department. 22 15. 16. 100 Standards. 23 Section 2 . 304 of the Uniform Fire Code is amended by adding 24 the following: 25 (c) The following California Code of Regulations shall apply 26 to all A, E and I Occupancies only: 27 28 * -10- 1 California Code of Regulations, Title 19 (Public Safety) and 2 Title 24 (Building Standards) 3 15. 16. 105 Conditions of Permits. 4 Section 4 . 102 of the Uniform Fire Code is amended by adding 5 the following: 6 (d) Fees. A fee will be charged for all permits required in 7 Section 4 . 108 of this Code. Charges shall be established by 8 resolution of the Mayor and Common Council . 9 15. 16 . 120 All-Weather Driving Surface defined. 10 Section 9 . 103 of the Uniform Fire Code is amended by adding it the following definition: 12 ALL-WEATHER DRIVING SURFACE is an all-weather driving surface 13 with a concrete or asphalt covering over base material and a 14 roadbed compacted to ninety-five percent density and of sufficient 15 thickness to support the imposed loads of fire apparatus. 16 15. 16. 125 Fire Watch defined. 17 Section 9 . 108 of the Uniform Fire Code is amended by adding 18 the following definition: 19 FIRE WATCH is a method of safeguarding property when any 20 condition or violation of this code has caused an endangerment to 21 property and lives. The method shall be approved by the Fire Chief. 22 15. 16. 135 High Fire Hazard Area defined. 23 Section 9 . 110 is amended by adding the following definition: 24 High Fire Hazard Area is: That area within the City lying 25 north of a line extending easterly from the west City limits to the 26 east City limits and bounded on the south side by streets and 27 highways as follows: 28 * -11- 1 Barstow Freeway from west City limits to the 2 intersection of Little League Drive, northerly 3 to Ohio Street; easterly in a line to 4 intersect Devil ' s Canyon Road; southerly to 5 the confluence of North Park Boulevard; North 6 Park Boulevard to Electric Avenue and 50th 7 Street; 50th Street to Mt. View Avenue, Mt. 8 View Avenue to 54th Street; 54th to Hill 9 Drive; Hill Drive to Waterman Avenue; Waterman 10 Avenue to 40th Street; 40th Street to Conejo 11 Street; Conejo Street to Andreas; easterly 12 along Andreas Street in a line to intersect 13 the northern most portion of Bonita Vista 14 Street; easterly along Bonita Vista Street in 15 a line to intersect Foothill Drive at Sterling 16 Avenue; Foothill Drive to Arden Street; Arden 17 Street to Marshall Boulevard; Marshall 18 Boulevard to Victoria Avenue; Victoria Avenue 19 to Piedmont Drive; Piedmont Drive east to the 20 centerline of Denair Avenue extending north to 21 Piedmont Drive; thence south along the 22 centerline of Denair Avenue to Highland 23 Avenue; thence east and southeasterly along 24 the centerline of Highland Avenue to the 25 centerline of Church Street. 26 High hazard areas can be inclusive of any additional land 27 area, whether publicly or privately owned, which the Fire Chief of 28 * -12- 1 the Fire Department determines to be so situated or so inaccessible 2 that a fire upon said land could present an abnormally difficult 3 task of fire suppression. Such additional land areas shall be 4 designated on a map available to the public and maintained by the 5 Fire Department at the Central Fire Station, 200 East Third Street, 6 San Bernardino. The Fire Chief shall provide a written description 7 of the boundaries of any such additional land area to the City 8 Clerk who shall provide for publication of notice thereof pursuant 9 to the provisions of California Government Code Section 6061 . 10 15. 16. 140 Fire Hydrants. 11 Section 10. 105 of the Uniform Fire Code is amended by adding 12 the following paragraph: 13 10. 105 (e) Fire hydrants on private property shall have a 14 designated no parking zone identified by a red painted curb, beam, 15 or stripe at least eight inches wide and fifteen feet in each 16 direction from the hydrant with white color painted six inch by 17 one-half inch letters stating NO PARKING on both sides of the 18 hydrant. 19 15. 16. 170 Maintenance of Access Roadways. 20 Section 10. 204 of the Uniform Fire Code is amended by adding 21 subsection (g) to read as follows: 22 10. 204 (g) Maintenance of access roadways. Access roadways 23 shall be provided and maintained in a passable condition at all 24 times. Any obstruction or impedance to reasonable access may be 25 repaired or removed forthwith by any public safety agency and the 26 expense of repair or removal is to be borne by the owner of the 27 28 * -13- 1 roadway and, in the case of an obstructing vehicle or object, by 2 the owner of said vehicle or object. 3 Prior to and during construction, the owner or contractor 4 shall provide and maintain all roadways in a condition that will 5 support the imposed loads of emergency apparatus in all weather 6 conditions. 7 15. 16. 165 Marking. 8 Section 10. 206 of the Uniform Fire Code is amended to read as 9 follows: 10 As directed by the Chief, the owner or individual in control 11 of emergency access roadways and streets in private developments 12 shall paint curbs red and label in six inch by one half inch white 13 letters "NO PARKING-FIRE LANE" every twenty feet where parking is 14 not allowed. 15 -And/Or- 16 Conspicuously post legible, permanent all-weather signs with 17 lettering having a minimum height of two inches and a minimum width 18 of one-half inch every fifty feet. Signs are to read "NO PARKING- 19 FIRE LANE" . 20 15. 16. 180 Automatic Fire Extinguishing Systems. 21 Section 10. 507 (a) , (c) , paragraph 3 (d) of the Uniform Fire 22 Code are amended to read as follows: 23 10. 507 (a) General. 24 An automatic fire extinguishing system shall be installed 25 throughout all occupancies and locations as set forth in this 26 section. This section shall also apply to all new construction or 27 remodel of existing structures, or vacant existing structures when: 28 * -14- f 1 1. The existing building square footage is increased to 2 exceed 5000 . 3 2 . The existing structure exceeds 5000 square feet, and 4 the cumulative amount of the remodel exceeds 500 or more of the 5 total floor area of the building calculated from the date of this 6 adoption. 7 3 . In structures which are vacant for a period of 180 8 days and exceed 5000 square feet or exceed the maximum allowable 9 square footage per occupancy type as set forth in UBC Chapter 38 . 10 For purposes of this section, area separation walls shall not 11 define separate buildings. 12 10. 507 (c) 3 . Exhibition and Display Rooms. 13 An automatic sprinkler system shall be installed in Group A 14 Occupancies which have more than 5000 square feet of floor area 15 which can be used for exhibition or display purposes. 16 10. 507 (d) Group B, Division 1, 2, 3, or 4 . 17 An automatic sprinkler system shall be installed in all 18 buildings or portions of buildings that exceed 5000 square feet. 19 15. 16. 190 Sprinkler System Supervision Alarms. 20 Section 10. 508 is amended to read as follows: 21 Section 10. 508 . All automatic fire sprinkler system covering 22 buildings over 5000 square feet shall be monitored by an approved 23 central station. Any system not presently monitored that covers 24 5000 square feet or more shall comply with this requirement within 25 90 days after the adoption of this code. 26 27 28 * -15- 1 15. 16.200 Chimney Spark Arresters. 2 Section 11 . 505 of the Uniform Fire Code is amended to read as 3 follows: 4 Section 11. 505 . Chimney Spark Arresters. 5 (a) Each chimney used in conjunction with any fireplace 6 or any heating appliance in which solid or liquid fuels are used 7 shall be maintained with an approved spark arrester. 8 (b) An approved spark arrester shall mean a device 9 constructed of stainless steel, aluminum, copper, or brass, woven 10 galvanized wire mesh, nineteen gauge minimum or three-eighths inch 11 minimum to one-half inch maximum openings, mounted in or over all 12 outside flue openings in a vertical or near vertical position, 13 adequately supported to prevent movement and to be visible from the 14 ground. 15 15. 16.201 Permits (Article 11) . 16 Section 11. 103 is amended to read as follows: 17 Section 11. 103 . The Fire Chief may require permits for all 18 operations within this Section. Fees for such permits will be 19 established by resolution of the Mayor and Common Council. 20 15. 16.202 Open Burning. 21 Section 11. 203 (e) is amended to read as follows: 22 (e) Location. Open burning shall not be conducted within 50 23 feet of any structure, combustible materials, or in the area of the 24 City defined in this code as a "High Fire Hazard Area" . 25 15. 16.203 Recreational Fires. 26 Section 11. 204 (b) is amended to read as follows: 27 (b) Location. Recreational fires shall not be conducted in 28 * -16- f 1 the area of the City defined in this code as a "High Fire Hazard 2 Area" or within 25 feet of a structure or combustible materials 3 unless contained in a barbecue pit. Conditions which could cause 4 a fire to spread to within 25 feet of a structure shall be 5 eliminated prior to ignition. 6 15. 16.210 Accumulation of Waste Material. 7 Section 11. 301 of the Uniform Fire Code is amended by adding 8 the following: 9 (e) In the event that abatement is not performed as required 10 in this section, the Fire Chief may cause such abatement by giving it notice to the owner of the property upon which such condition 12 exists to correct such condition. If the owner fails to correct 13 such prohibited condition, the Fire Chief may cause the same to be 14 done and make the expense of such correction, a lien upon the 15 property upon which such condition exists in accordance with 16 Chapter 8. 18 of the San Bernardino Municipal Code. 17 15. 16.216 Automatic Sprinkler System Alarms. 18 Section 15 . 16. 216 is hereby repealed. 19 15. 16.220 Fire Damage. 20 Article 11 of the Uniform Fire Code is hereby amended by 21 adding: 22 Section 11. 604 . The owner, occupant or other persons having 23 under his control, any property, or materials on a property damaged 24 by fire, when access by the public is possible, shall secure the 25 property by boarding up all openings, fencing, barricading or other 26 appropriate measures within ten days of notice by the Fire 27 Department. 28 * -17- 1 Within thirty days after written notice to do so has been 2 served, all debris and/or damaged materials shall be removed from 3 the property and proof furnished that contractual arrangements have 4 been made for demolition, replacement or repair of all fire damaged 5 structures remaining on property involved in the fire. 6 15. 16.225 False Alarm. 7 Section 13 . 203 of the Uniform Fire Code is amended to read as 8 follows: 9 Section 13 . 203 (a) . False alarms shall not be given, signaled 10 or transmitted or caused or permitted to be given, signaled or 11 transmitted in any manner. 12 (b) . Failure to comply with this section will result in 13 penalties charged as prescribed in Section 2 . 109 (Liabilities) of 14 the Uniform Fire Code. 15 15. 16.230 Requirements for Use of Candles and Other Open- 16 Flame Devices. 17 Section 25 . 116 Subsection (c) (11) of the Uniform Fire Code is 18 amended to read as follows: 19 11. Lighted, hand-held candles are especially dangerous and 20 shall not be permitted or used. No permit is required for battery- 21 operated candles or other electric candles. 22 15. 16.235 Fire Alarm Systems. 23 Section 14 . 103 is amended by adding the following: 24 (h) Plan Check Fees. A fee will be charged for all fire 25 alarm system plans submitted for review. The amount of the fee 26 shall be based on the City of San Bernardino Planning and Building 27 28 * -18- 1 Services Schedule of Fees for Plan Check and Building Fees for 2 Residential/Commercial Construction. 3 15. 16.240 Permits for Manufacturing, Sale and Discharge of 4 Fireworks. 5 Section 78 . 103 is hereby amended by adding subsection (c) to 6 read as follows: 7 (c) Except as provided by this code or the San Bernardino 8 Municipal Code, it shall be unlawful for any person to store, offer 9 for sale, expose to sale, sell at retail or use or explode any 10 fireworks; provided that the Fire Chief shall have power to adopt it reasonable rules and regulations for the granting of permits for 12 supervised public display of fireworks by a public agency, fair 13 association, amusement park, other organization, or for the use of 14 fireworks by artisans in pursuit of their trade. Every such use or 15 display shall be handled by a competent operator approved by the 16 Fire Chief and shall be of such character and located, discharged 17 or fired in a manner determined by the Fire Chief or his designated 18 representative, after proper investigation, not to be hazardous to 19 property or to endanger any person. 20 15. 16.245 Tents, Canopies and Temporary Membrane Structures. 21 Section 32 . 103 is amended to read as follows: 22 Permits and Inspection Fees. 23 Section 32 . 103 . Permits and inspection fees for erection of 24 tents, temporary membrane structures or canopies, shall be based as 25 prescribed in Section 4 . 108 of this code and Fire Department Fee 26 Schedule. 27 28 * -19- 1 15. 16.250 Life Safety Requirements for Existing Buildings. 2 Section 15 . 16 . 250 is hereby repealed. 3 15. 16.260 Standby Personnel for Public Gatherings. 4 Section 25 . 117 of the Uniform Fire Code is amended to read as 5 follows: 6 Section 25. 117 . Standby Personnel. Whenever, in the opinion 7 of the Fire Chief, it is essential for public safety in any place 8 of public assembly or any other place where people congregate, due 9 to the number of persons, or the nature of the performance, 10 exhibition, display, contest or activity, the owner, agent or it lessee shall employ one or more qualified persons, as required and 12 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 14 times when so employed and shall be in uniform and remain on duty 15 during the time such places are open to the public, or when such 16 activity is being conducted. Before each performance or the start 17 of such activity, said personnel shall inspect the required fire 18 appliances provided to determine that such devices are in proper 19 place and in good working order and inspect exits and aisles to 20 ensure such passageways are clear and adequate, and shall keep 21 diligent watch for any safety violations during the time such place 22 is open to the public or such activity is being conducted and take 23 prompt measures for correcting problems that may occur. Qualified 24 persons shall also perform, as required, emergency medical care. 25 Such individuals shall not be required or permitted, while on duty, 26 to perform any other duties than those herein specified. 27 28 * -20- 1 15. 16.280 Corrosion Protection. ' 2 Section 15 . 16. 280 is hereby repealed. 3 NOW, THEREFORE, BE IT RESOLVED that the City Clerk of the City 4 of San Bernardino shall certify to the passage and adoption of this 5 Ordinance and thereupon and thereafter the same shall take effect 6 and be in full force. 7 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 8 by the Mayor and Common Council of the City of San Bernardino at a 9 regular Council meeting thereof, held on the day 10 of , 1993 , by the following vote, to wit: 11 COUNCIL MEMBERS AYES NAYS ABSTAIN 12 Negrete - Ward 1 13 Curlin - Ward 2 14 Hernandez - Ward 3 15 Oberhelman - Ward 4 16 Office Vacant - Ward 5 17 Pope-Ludlam - Ward 6 18 Miller - Ward 7 19 20 City Clerk 21 22 23 24 25 26 27 28 * -21- r I ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15 . 16. OF THE SAN BERNARDINO MUNICIPAL CODE, AND ADOPTING THE UNIFORM FIRE 2 CODE (1991 EDITION) TOGETHER WITH CALIFORNIA CODE OF REGULATIONS, TITLE 24 , PART 9 , AND APPENDICES I-A, I-B, I-C, II-A, II-B, II-D, 3 II-E, II-F, III-A, III-C, III-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-C, VI-D, VI-E, VI-F INCLUSIVE, AND THE UNIFORM FIRE CODE STANDARD 4 (1991 EDITION) . 5 The foregoing ordinance is hereby approved this day of 6 1993 . 7 8 Tom Minor 9 Mayor, City of San Bernardino 10 11 Approved as to Form and Legal Content: 12 JAMES F. PENMAN 13 City Attorney 14 15 By: 16 17 18 19 20 21 22 23 24 25 26 27 28 * -22-