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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Larry R. Pitzer Subject: Adoption of Ordinance to
Amend Chapter 15.16 of
the San Bernardino Municipal
Code to Adopt the California Fire
Code
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Dept: Fire
Date: 5-3-99
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Recommended Motion:
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That said ordinance be laid over for final adoption.
Si ature
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' Contact person: Dan Dickerson Phone: (909) 384-5388
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Supporting data attached: Yes Ward: All
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FUNDING REQUIREMENTS: Amount: None
Source: Acct. No
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(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL
ACTION
STAFF REPORT
SUBJECT
Adoption of an Ordinance to Amend Chapter 15.16 of the San Bernardino
Municipal Code to Adopt`Yhe'1998 California Fire Code.
BACKGROUND
California Administrative Code Title 24 mandates the Chief of the City Fire
Department to enforce within this jurisdiction the California Code of
Regulations relating to Fire and Panic safety. The 1998 California Fire Code
is compatible with this standard, and incorporates by adoption the 1997
edition of the Uniform Fire Code of the International Fire Code Institute
with necessary California amendments.
State Fire regulations are updated every three years with recent changes
incorporated. The adoption of the 1998 California Fire Code is an integral
part of the Fire Department Fire Prevention Program. This adoption will
bring our Municipal Codes up to date in order to comply with state law. This
adoption is necessary in order to be compatible with local building code
adoptions. The effective date of this code has been set by the Building
Standards Commission for July 1, 1999. The adoption of this code as part of
the City's Municipal Code provides for local enforcement and
administration.
The California Health and Safety Code, Section 17958. provides that local
jurisdictions may make amendments to the building standards contained in
the 1998 California Fire Code, based on express findings that such
modifications are reasonably necessary because of local climatic, geological,
or topographical conditions. Section 1 of the Ordinance provides findings
for the amendments found in Section 2. These findings provide clarification
as to the necessity of the amendments.
Most of the amendments noted in Section 2 have been adopted in prior years
and thus are not new to the Municipal Code. Some minor changes were
made to update the language. The following sections are new to the
Municipal Code:
15.16.070- Construction completed without a permit. This section will
bring the fire code in alignment with the Building Code.
15.16.095- Permits issued in error. Adds a mechanism to revoke a permit
issued in error or in violation of the code.
15.16.150- Fire Extinguishing Systems. Clarifies requirements for Fire
Department Connections and Post Indicator Valves.
15.16.165- 15.16.170- 15.16.175 Existing Group R Occupancies. These
sections are currently being enforced under the existing fire code. This
language is clarifying a new section in the 1998 California Fire Code. .
15.16.200- Tire Storage. Modifies San Bernardino City codes to meet the
current specifications of San Bernardino County codes.
15.16.240- Permits for Carnivals and Fairs. Clarifies the permit process.
15.16.245- Use and Handling of Compressed Gasses. Restricts the use of
portable LPG tanks inside of buildings.
15.16.255- Seizure of Illegal Fireworks. Clarifies a new section in the
California Fire Code.
15.16.260- Dikes areas for Aboveground Tanks. Clarifies the distance of
dikes around aboveground tanks.
15.16.265- Tank Locations. Clarifies separation of Class I and II
flammable liquids.
15.16.270- LP Gas, Permits, Plans and Records. Requires the installer to
submit plans for commercial installations in excess of 125 gallons.
15.16.275- LP Gases. Clarifies to allow portable LPG use during
construction.
15.16.290- Modifications Fire Flow. Deletes Section 3.1 modifying fire
flow.
15.16.300- Bail Schedule. Modified to bring in alignment with Municipal
Code Section 1.12.010.
FINANCIAL IMPACT
None
RECOMMENDED MOTION
That further reading of the Ordinance be waived and that said ordinance be
laid over for final adoption.
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1 ORDINANCE NO.
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3 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16
4 OF THE SAN BERNARDINO MUNICIPAL CODE, AND ADOPTING THE
CALIFORNIA FIRE CODE (1998), WITH APPENDICES, AND INCORPORATING BY
5 REFERENCE THE 1997 EDITION OF THE UNIFORM FIRE CODE OF THE
INTERNATIONAL FIRE CODE INSTITUTE WITH NECESSARY CALIFORNIA
6 AMENDMENTS, TOGETHER WITH CALIFORNIA CODE OF REGULATIONS,
7 TITLE 24, AND THE UNIFORM FIRE CODE STANDARDS (1997).
8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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Section I. Findings. The Mayor and Common Council of the City of San
10 Bernardino do hereby find and declare pursuant to California Health and Safety
11 Code Sections 17958, 17958.5, and 17958.7 the following:
12 a. Adverse climate conditions increase the likelihood of fire. Minor fires can
13 rapidly spread to large ones due to extreme heat, frequent periods of drought, low
14 humidity, and yearly winds (Santa Ana), which have been recorded to reach gusts
in excess of 90 miles per hour.
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16 b. Wood shingles and wood shakes present extreme adverse fire conditions due
to close proximity of buildings.
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C. Slopes within the city from gradual to in excess of 30% in the northern
sections, natural vegetation from grass to thick chaparral (including manzanita and
19 chamois), and elevation changes including foothills with a wildland interface area
20 increase the danger from fire. Increased development has created additional
vehicular traffic on surface streets, freeways bisect the City at the north end and
21 west end, and a freeway borders the City of the south end. Flood Control
22 channels, railways, natural streams and the Santa Ana river also impede responses
within the city limits. The rapid increase in single family dwellings and industrial
23 buildings has created many new streets, creating some dead-end streets, additional
24 traffic signals have been installed, all of which increase the response time of fire
apparatus, thereby creating a greater risk of life and property from fire.
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26 d• Due to the fluctuating state-wide water supply, water for suppression of
large fires can be in short demand.
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1 e. The City has within its boundary potentially active seismic hazards.
2 Seismic Activity within the City occurs and a fire potential exists with these active
faults. Existing structures and planned new development are at serious risk from
3 these faults.
4 and topographical conditions,
f. Due to these local climatic, geological gr' p
5 there is an express need for changes and modifications in the 1998 edition of the
6 California Fire Code.
7 Section 2. San Bernardino Municipal Code, Chapter 15.16 is amended to read as
8 follows:
9 "15.16.010 Citation.
10 The Ordinance codified in this chapter and the code and standards adopted by
11 reference in Section 15.16.020 shall be known as the California Fire Code.
12
13 15.16.020 Code Adopted
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The 1998 Edition of the "California Fire Code" together with the California Code 1
15 of Regulations, Title 24, and Appendices I-A, I-B, I-C, II-A, II-B, II-C, II-D, II-E,
16 II-F, II-G, 11-H, II-I, II-J, III-A, III-AA, III-B, III-BB, III-C, III-D, IV-A, IV-B, V-
A, VI-A, VI-B, VI-C, VI-D, VI-E, VI-F, VI-G, VI-H, VI-I inclusive, and the 1997
17 edition of the Uniform Fire Code Standards with amendments as compiled and
18 promulgated by the International Conference of Building Officials and Western
Fire Chiefs Association, and as modified by this chapter, and the National Fire
19 Protection Association Standard 13 for the installation of sprinkler systems, in its
20 entirety, are adopted by this reference and incorporated in the Municipal Code of
he City of San Bernardino. The provisions of the California Fire Code, and
21 Uniform Fire Code Standards shall apply to all areas within the jurisdiction of the
22 itv of San Bernardino. One copy of the 1998 Edition of the California Fire Code,
23 including California Amendments and Appendices, and one copy of the Uniform
Fire Code Standards are on file in the Office of the City Clerk.
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15.16.030 Definitions.
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26 A. Whenever "jurisdiction" is used in the California Fire Code, it shall mean
27 the City of San Bernardino.
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1 B. Whenever "chief' is used in the California Fire Code it shall mean the Chief
2 of the Fire Department of the City of San Bernardino, hereinafter called
"Fire Chief'.
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4 C. Whenever "corporation counsel" is used in the California Fire Code, it shall
mean the City Attorney of the City of San Bernardino.
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6 D. Whenever "Chief of the Bureau of Fire Prevention" is used in the California
Fire Code, it shall mean "Fire Marshal" or "Fire Prevention Engineer".
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9 15.16.040 Amendments.
10 The following sections and provisions of the California Fire Code, (1998 Edition)
11 are amended to read as set forth in Sections 15.16.045 through 15.16.300.
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14 15.16.045 Liability
15 Section 101.5 of the California Fire Code is amended to add the following:
16
10 1.5.1 Cost Recovery.
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18 1 Fire suppression, investigation, rescue or emergency medical costs are
ecoverable in accordance with California Health and Safety Code, Sections 13009
19 and 13009-1.
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fi 21 2. Any person who negligently or intentionally, or in violation of the law causes
22 an emergency response is liable for the costs of securing such emergency. This
hall include but not be limited to situations such as false alarms, traffic accidents,
23 ire watch, or spills of toxic or flammable fluid or chemicals. Expenses incurred
24 by the Fire Department for securing such emergency situation shall constitute a
ebt of such persons and is collectable by the Fire Chief in the same manner as in
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the case of any obligation under contract, expressed or implied.
26 INDINGS:A,B,C,D,E,F APPLY
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1 15.16.050 Applicant Appeals
2 Section 103.1.4.1 of the California Fire Code is amended to read as follows:
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4 103.1.4.1. The applicant may appeal the Fire Chief's denial, suspension or
revocation of a permit or his/her interpretation of this code to the Mayor and
5 Common Council within ten days from the date of notice of the decision. The
6 Mayor and Common Council shall render its decision and findings in writing to the
Fire Chief with a duplicate copy to the applicant.
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103.1.4.1.1 When appeals are filed, a processing fee in an amount established by
9 resolution of the Mayor and Common Council shall be paid by the applicant to
10 research and process the appeal. The fee shall be paid to the Fire Department.
FINDINGS:A,B,C,D,E,F APPLY
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15.16.055 Authority for Enforcement.
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13 Section 103.2.1.1 of the California Fire Code is amended to read as follows:
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15 Section 103.2.1.1 General. The Fire Chief shall be responsible for the
administration and enforcement of this code. Under his direction, the Fire
16 Department shall enforce all ordinances, resolutions and regulations of the city of
17 San Bernardino and laws of the State pertaining to:
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20 1. The prevention of fire.
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22 2. The suppression or extinguishing of dangerous or hazardous fires.
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24 3. The storage, use and handling of explosive, flammable, combustible,
25 toxic, corrosive and other hazardous, gaseous, solid and liquid materials.
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1 4. The installation and maintenance of all automatic and manual fire alarm and
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extinguishing appliances, systems and equipment.
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4 5. The maintenance and regulation of fire escapes.
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6 6. The maintenance of fire protection and the elimination of fire hazards on land
and in buildings, structures, and other property, including those under
7 construction.
8 7. The means and adequacy of each exit in the event of fire, from factories,
9 schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters,
10 amphitheaters, and all other places in which people work, live or congregate
from time to time for any purpose.
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12 8. The investigation of the cause, origin and circumstances of fire and
unauthorized releases of hazardous materials.
13 FINDINGS:A.B,C,D,E,F APPLY
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15 15.16.060 Fire Prevention Bureau Personnel and Police.
16 Section 103.2.1.2 of the California Fire Code is amended to read as follows:
17
103.2.1.2. The chief and members of the fire prevention bureau shall have the
18 powers of a peace officer as defined in Section 830.37 of the Penal Code, in
19 performing their duties under this code.
20 It is the duty of, and the following persons are hereby authorized to enforce the
21 provisions of this code and make arrests and issue citations as authorized by law:
22 1. Fire Chief, Deputy Chief, Fire Marshal, Battalion Chiefs, Fire Investigators,
23 Captains, Engineers, Firefighters, Firefighter/Paramedic, and Fire Prevention
Officers.
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25 2. When requested to do so by the Fire Chief, the Chief of Police is authorized to
assign such available police officers as necessary to assist the fire department in
26 enforcing the provisions of this code.
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1 15.16.061 Commencement of Proceedings.
2 Whenever the Fire Chief or his/her designated representative reasonably believes a
3 violation of the California Fire Code exists, he/she shall commence abatement
4 proceedings in accordance with Chapter 8.30 of the San Bernardino Municipal
Code. All hearings shall be conducted by the Fire Chief or his/her designee
5 ("Hearing Officer"). The Hearing Officer may hear matters pertaining to both
6 California Fire Code violations and/or public nuisance violations as enumerated in
Section 8.30.010. (Ord. MC-1015, 1-26-98)
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15.16.062 Emergency Abatement/Closure Procedure
9 A. Not withstanding any other provision of this Chapter with reference to the
10 Abatement of California Fire Code violations, whenever the Fire Chief or
his/her duly authorized representative determines that property, a building or
11 structure is structurally unsafe, or constitutes a fire hazard, or endangers the
12 life, health, property or safety of the public or its occupants, and such
condition constitutes an immediate hazard or danger, he or she shall,
13 immediately and forthwith abate the existing public nuisance, including but
14 not limited to the closure of the property.
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15 B. In lieu of the summary abatement hearing procedures for Dangerous i
16 Buildings in Section 15.28.140, the Fire Chief or his/her duly authorized i
representative shall mail, immediately after such emergency
17 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 as i
18 ascertained from title company records, the latest assessment roll of the
19 County Assessor, or if no address is so shown, to the address of the property
20 as such address may be known by the Fire Chief or duly authorize
representative. Such notice shall contain the following information:
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22 1) that a Hearing has been scheduled within twenty (20) days of such
emergence abatement/closure action before the Fire Chief or his/her
23 designee ("Hearing Officer") with the date, time and location of such
24 Hearing;
25 2) that emergency action was taken with regards to the property;
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3) the reason why he/she has taken the action.
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1 At the hearing, the Hearing Officer shall consider all relevant evidence,
2 including, but not limited to, applicable staff reports. He or she shall give
any interested person a reasonable opportunity to be heard in conjunction
3 therewith. Based upon the evidence so presented, the Hearing Officer shall
4 determine whether the emergency action was warranted. The hearing shall
not be conducted according to formal rules of evidence or procedure, but
5 shall be conducted in a manner generally complying with the Administrative
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Procedure Act at Government Code Section 11370, et seq.
7 C. The expense of the abatement shall be itemized and after a hearing, notice of
8 which is given in substantial compliance with Section 8.30.040, relating to
the emergence nature of the abatement and the expenses incurred constitute
9 a special assessment and lien against the abated parcel as set forth in
10 Sections 8.30.110, 8.30.120 and 8.30.130.
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15.16.065 Inspections & Inspection Fees.
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18 Section 103.3.1.1 of the California Fire Code is amended to read as follows:
19 103.3.1.1. Authority to inspect. The fire prevention bureau shall inspect, as
20 often as necessary, buildings, events and premises, including such other hazards or
appliances designated by the Fire Chief for the purpose of ascertaining and causing
21 o be corrected any conditions which would reasonably tend to cause fire or
22 contribute to its spread, or any violation of the purpose or provisions of this code
and of any other law or standard affecting fire, life and health safety.
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103.3.1.1.1 Inspection Fees. A fee shall be charged for the following types of
25 inspections:
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= Annual Inspection Fee Y = Individual Inspection
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2 Y General Use
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4 1. Any activity or operation not specifically described in other permits, which is
likely to produce conditions hazardous to life or property.
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6 X Educational Buildings
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8 1. Buildings used for educational purposes through 12`h grade by 50 or more
persons for more than 12 hours per week or for more than 4 hours in one day.
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10 2. Any nonresidential building used for day care (more than 6 persons/children).
11 3. Any residential building used for day care (more than 6 persons).
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14 X High Rise
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16 1. Buildings having floors used for human occupancy located more than 75 feet
above the lowest level of fire department vehicle access.
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18 Protective Social Care Facilities
19 1. Nurseries for full time care of children under the age of 6. Hospitals,
20 sanitariums, nursing homes with non-ambulatory guests and similar buildings.
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22 2. Hospitals
23 a. Having less than 100 beds.
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b. Having 100 beds or more.
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3. Sanitariums
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1 4. Non-ambulatory Nursing Homes
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a. Having 5 or less clients.
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4 b. Having 6 or more clients.
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6 X Restrained Facilities
7 1. Mental hospitals, mental sanitariums,jails, prisons, reformatories, and buildings
8 where personal liberties are restrained.
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X Manufacture of Organic Coatings.
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12 X Auto Tire Rebuilding Plants
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11 X Automobile Wrecking Yards
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16 X Cryogenic Fluids.
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18 X Bowling Pin or Alley Refinishing and/or Sanding
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20 X Cellulose Nitrate Plastic, Pyroxlin
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22 Combustible Fiber Facilities
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21 X Compressed Gas
25 1. Non-Flammable
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a. Over 6000 cubic feet.
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2 2. Flammable {
3 a. Over 6000 cubic feet.
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6 X Dust Prevention (Collection Systems) '
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8 Y Explosives
9 1. Fireworks Displays/Shows
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11 X Fireworks Booths
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14 X Spraying/Dipping (Flammable)
15 1. Finishes — spray booth
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17 X Flammable Liquid Storage Tanks
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19 Underground Storage
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a. Per 1000 gallons.
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Aboveground Storage
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24 a. 60 to 999 gallons
25 b. Per 1000 gallons
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1 lammable Storage
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2 1. Inside Storage
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4 2. More than 60 gallons or 50# solids
5 3. Less than 60 gallons or 50# solids
6 4. Outside Storage
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8 5. Underground Storage
9 a. Per 1000 gallons
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11 6. Aboveground Storage
12 a. 69 to 999 gallons
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14 b. Per 1000 gallons
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16 Y Fumigation and Thermal Insecticidal fogging
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18 X Garages (Automobile-Repair)
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20 Hazardous Chemical (Appendix)
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22 X Liquefied petroleum Gasses (Over 500 gallon water capacity)
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24 X Lumber Yards
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26 X Woodworking Shops
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1 X Assembly
2 1. Occupant Load under 5000
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4 2. Occupant Load 5000 or more
5 3. Movie Theaters
6 4. Clubs (lodges, Recreation Halls)
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8 5. Churches
9 6. Dance Studios and Ballrooms)
10 Bowling Alleys and Billiard Parlors
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12 8• Mortuaries and Cemetery Chapels
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14 X Mechanical Refrigeration 1
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16 X Tents and Air-Supported Structures
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18 Airports and Heliports
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20 rhe amount of the fee for each type of inspection shall be established by
esolutions of the Mayor and Common Council.
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103.3.1.1.2 Routine Inspection Fees- An inspection fee may be charged for Fire
23 epartment routine inspections and re-inspections of property to cover the costs of
24 such inspections. The amount of the inspection fee shall be established by
Resolution of the Mayor and Common Council.
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26 1. The property owner/occupant charged the inspection fee may request the Fire
Marshal and/or the Fire Chief to review the imposition or the amount of the fee.
27 The request shall be made in writing, within 15 days from the date of the first
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1 written notice of such fee being due and payable. The decision of the Fire
2 Marshal and/or Fire Chief shall be final and conclusive in the absence of an
appeal to the Mayor and common Council pursuant to Section 2.64 of the San
3 Bernardino Municipal Code.
FINDINGS:A,B,C,D,E,F APPLY
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6 15.16.070 New Construction and Alterations.
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8 Section 103.3.2.1 of the California Fire Code is amended by adding the following:
9
103.3.2.1.1 Approval and Inspection Fees. A fee will be charged for permits, plan
10 checks and/or inspections for construction or work which requires Fire
11 Department approval. The amount of the fee shall be based on the City of San
Bernardino Developmental Services Schedule of Fees for Plan Check and
12 Building Fees for Residential and Commercial Construction.
13
103.3.2.1.2 Investigation Fees: Work without a Permit. Whenever any work for
14 which a permit is required by this code has been commenced without first
15 obtaining said 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
16 collected whether or not a permit is then or subsequently issued. The investigation
17 fee shall be equal to the permit fee required by this code. The payment of such
investigation fee shall not exempt any person from compliance with all other
18 provisions of this code nor from any penalty prescribed by law. The Fire Marshal
lg may authorize refunding of any fee paid hereunder which was erroneously paid or
collected. The Fire Marshal may authorize refunding of not more than 80 percent
20 of the permit fee paid when no work has been done under a permit issued in
21 accordance with this code. The Fire Marshal may authorize refunding of not more
than 80 percent of the plan review fee paid when an application for a permit for
22 which a plan review fee has been paid, is withdrawn or canceled before any plan
23 reviewing is done. The Fire Marshal shall not authorize refunding of any fee paid
xcept on written application filed by the original permittee not later than 180 days
24 after the date of fee payment.
25 INDINGS:A,B,C,D,E,F APPLY
26 15.16.075 Authorization to issue corrective orders and notices.
27 ection 103.4.1.1 of the California Fire Code is amended to read as follows:
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2 General. When the chief finds in any building or on any premises combustible,
hazardous or explosive materials or dangerous accumulations of rubbish; or finds
3 unnecessary accumulations of wastepaper, boxes, shavings or any highly
4 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 that
5 reasonably tend to interfere with the operations of the fire department or the egress
6 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 reduced; or finds that this
7 code is being violated the chief is authorized to issue orders as necessary for the
8 enforcement of the fire prevention laws and ordinances governing the same and for
the safeguarding of life and property from fire.
9
10 See also Appendix VI-C
FINDINGS:A.B,C,D,E,F APPLY
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15.16.080 Stopping Uses and Evacuation. i
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Section 10').4.1.3 of the California Fire Code is amended to read as follows:
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103.4.1.3 Stopping uses, evacuation. The Fire Chief is authorized to order an
16 operation or use stopped or the evacuation of any premises, building or vehicle, or
17 portion thereof, which is a fire, life or health hazard.
FINDINGS:A,B,C,D.E.F APPLY
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15.16.085 Failure to Comply.
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20 Section 103.4.3.1 of the California Fire Code is amended by adding the following:
21 103.4.3.1.1: Failure to comply with any order or notice issued by the Fire Chief or
22 his representative pursuant to article 103.4.3 of the California Fire Code shall be a
23
misdemeanor, which upon conviction thereof is punishable in accordance with the
provisions of Section. 1.12.010 (A) and 1.12.020 of the San Bernardino Municipal
24 Code.
INDINGS:A,B.C,D.E,F APPLY
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27 15.16.090 Permits.
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1 HAZARDOUS FIRE AREA is land which is covered g , g rain brush or
forest, whether privately or publicly owned, which is so situated or is of such
2 inaccessible location that fire originating upon such land would present an
3 abnormally difficult job of suppression or would result in great and unusual
4 damage through fire or resulting erosion. Such areas are designated as follows:
5 That area within the City lying north of a line extending Easterly from the West
6 City limits to the East City limits and bounded on the South side by streets and
highways as follows:
7
8 Barstow Freeway from West City limits to the intersection of Palm Avenue
and the Barstow Freeway; Northerly from the Barstow Freeway on Palm
9 Avenue to Kendall Drive; Easterly on Kendall Drive to 401h Street and
10 transition Easterly from the intersection of Kendall Drive and 40th Street; on
40th Street; and continue Easterly to Mountain Avenue; from the intersection
11 of 40th Street and Mountain Avenue; Southerly on Mountain Avenue to 391h
12 Street; Easterly on 39th Street to Del Rosa Avenue; Southerly from the
intersection of 39th Street to Marshall Boulevard; Easterly from the
13 intersection of Del Rosa Avenue and Marshall Boulevard on Marshall
14 Boulevard; Marshall Boulevard to Victoria Avenue; Victoria Avenue to
Piedmont Drive; Piedmont Drive East to Diablo Drive; Diablo Drive East to
15 El Toro Street; El Toro Street extending East to Highway 330; Highway 330
16 South to Highland Avenue; thence East and South-easterly along the
centerline of Highland Avenue to the centerline of Church Street.
17
18 Inclusive of area beginning at the intersection of Pacific Street and Del Rosa
Avenue; Pacific Street West to Perris Hill Park Road; Perris Hill Park Road
19 North in a line to intersect Highland Avenue; Highland Avenue East to Del
20 Rosa Avenue; Del Rosa Avenue South to Pacific Street.
21 Inclusive of area beginning at the intersection of Little Mountain Drive and
22 Kendall Drive; Kendall Drive East to 40th Street; 40th Street East to Electric
Avenue; Electric Avenue South to Thompson Place; Thompson Place West to
23 Mayfield Avenue; Mayfield Avenue South to 361h Street; 36th Street West to
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24 "F" Street; "F" Street South to 33rd Street; 33rd Street West to "H" Street'
"H" Street South to Marshall Boulevard; Marshall Boulevard West in a line
25 o intersect Cajon Boulevard; Cajon Boulevard `Vest to University
i 26 Parkway/State Street; University Parkway North to State Street; State Street
North to Morgan Road; Morgan Road East to Little Mountain Drive; Little
27 Mountain Drive North to Kendall Drive.
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2 Hazardous Fire Areas can be inclusive of any additional land area, whether
publicly or privately owned, which the Fire Chief of the Fire Department
3 determines to be so situated or so inaccessible that fire upon said land could
4 present an abnormally difficult task of fire suppression. Such additional land
areas shall be designated on a map available to the public and maintained by
5 the Fire Department at the Central Fire Station, 200 East Third Street, San
6 Bernardino. The Fire Chief shall provide a written description of the
boundaries of any additional land area to the City Clerk who shall provide for
7 publication of notice thereof pursuant to the provisions of California
8 Government Code 6061 (MC-1023, 5-18-98; Ord. MC-984, 11-4-96)
FINDINGS:A,B,C,D,E,F APPLY
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15.16.120 Spark Arrester defined.
10
11 Section 220-S of the California Fire Code is amended by adding the following
definition:
12
13 SPARK ARRESTER is a device constructed of stainless steel, aluminum, copper,
or brass, woven galvanized wire mesh, nineteen gauge minimum or three-eighths
14 inch minimum to one-half inch maximum openings, mounted in or over all outside
15 flue openings in a vertical or near vertical post, adequately supported to prevent
movement and to be visible from the ground.
16 FINDINGS:A,B,C,D,E,F APPLY
17
18 15.16.125 Fire Lane, No Parking
19 Section 901.4.2 of the California Fire Code is amended to read as follows:
20
21 901.4.2 Fire apparatus access roads. As directed by the Fire Chief, the owner or
individual in control of emergency access roadways and streets in private
22 evelopments shall paint curbs red and label in six inch by one-half inch white
23 etters "NO PARKING-FIRE LANE" every twenty-feet where parking is not
Mowed.
24
25 and/or
26 onspicuously post legible, permanent all-weather signs with lettering having a
27 minimum height of two inches and a minimum width of one-half inch every fifty
feet. Signs are to read "NO PARKING-FIRE LANE".
28
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2
3
4 15.16.130 Fire Protection Equipment & Fire Hydrants
5 Section 901.4.3 of the California Fire Code is amended to read as follows:
6 901.4.3 Fire protection equipment and fire hydrants. Fire hydrants on private
7 property shall have a designated no parking zone identified by a red painted curb,
8 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
9 PARKING" on both sides of the hydrant.
10
11
12 15.16.135 Access Roads
13 Section 902.2.1 of the California Fire Code is amended to read as follows:
14 Fire apparatus access roads shall be required for every building hereafter
15 constructed. The access roadway shall be extended to within one hundred
16 fifty(150) feet of, and shall give reasonable access to, all portions of the exterior
walls of the first story of any building. An access road shall be provided within
17 fifty (50) feet of all multiple story buildings or when the natural grade between the
18 access road and building is in excess of thirty (30%). Where the access roadway
cannot be provided, an approved fire protection system or systems shall be
19 rovided as required and approved by the Fire Chief. Access door(s) shall be
20 provided at near ground level for firefighting purposes in accordance with the
California Building Standards Code. There shall be at least one door not less than
21 3) feet in width and not less than six (6) feet eight (8) inches in height in each one
22 hundred (100) lineal feet or major fraction thereof of the exterior wall which faces
he access roadway. Metal roll-up doors are not acceptable for such purposes.
23
24 ore than one fire apparatus access road shall be provided when it is determined
y the Fire Chief that access by a single road might be impaired by vehicle
25 ongestion, condition of terrain, climatic conditions or other factors that could limit
26 ccess.
[ND[NGS:A,C,D,E,F APPLY
27
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2
3 15.16.140 Maintenance of Access Roadways.
4 Section 902.2.4.1 of the California Fire Code is amended to read as follows:
5
902.2.4.1 General. The required width of the fire apparatus access road shall not
6 be obstructed in any manner, including parking of vehicles. Minimum required
7 widths and clearances established under Section 902.2.2.1. shall be maintained at
all times.
8
9 Entrances to roads, trails or other access ways which have been closed with gates
and barriers in accordance with Section 902.2.4.2 shall not be obstructed by parked
10 vehicles.
11
Any obstruction or impedance with reasonable access may be removed or repaired
12
forthwith by any public safety agency. The expense of removal or repair is to be
13 borne by the owner of the roadway. In the case of an obstructing vehicle or object,
14 the expense is to be borne by the owner of said vehicle or object.
15 Prior to and during construction, the owner or contractor shall provide and
16 maintain all roadways in a condition that will support the imposed loads of
emergency apparatus in all weather conditions.
17
18
19
20 15.16.145 Fire Appliances
21 Section 100 1.10 of the California Fire Code is amended to read as follows:
22 1001.10 Fire Appliances. The Chief is authorized to designate the type and
23 umber of fire appliances to be installed and maintained in and upon all buildings
24 and premises in the jurisdiction. This designation shall be based on the relative
severity of probable fire, including the rapidity with which it could spread. Such
25 ppliances shall be of a type suitable for the probable class of fire associated with
26
such building or premises and shall have the approval of the Chief.
FINDINGS:A.C,D.E,F APPLY
27
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1 I
2 15.16.150 Fire Extinguishing Systems i
3 Section 1003.1.1 of the California Fire Code is amended to add as follows:
4
1003.1.1.1 Fire Department Connections and Post Indicator Valves. For each 1
5 building and/or system at least 1 fire department connection and post indicator
6 valve shall be installed in an approved location at least 40' from the building.
FINDINGS:A,C,D,E,F APPLY
7
15.16.155 Automatic fire Extinguishing Systems.
8
9 Section 1003.2.1 of the California Fire Code is amended to read as follows: '
10 ishin system shall be installed
1003.2.1 General. An automatic fire extinguishing y
11 throughout all occupancies as set forth in this section. This section shall apply to
the following:
12 i
13 1. The existing building square footage is increased to exceed 5000 or the
existing square footage is 5,000 or more and any additional square footage or
14 appendage is added.
15
2. The existing building exceeds 5000 square feet and the cumulative
16 amount of remodeling, rehabilitation or repairs exceed 50% or more of the total
17 floor area of the building.
18 3. In buildings that exceed 5000 square feet which have been vacant for a period
19 of 365 days.
20 4. Buildings which exceed 5000 square feet and have a change in occupancy
21 classification.
22 5 Buildings which have had an occupancy change and exceed the maximum
23 allowable square footage per occupancy type as set forth in the California
24 Building Standards Code, Chapter 9.
25 For purposes of this section, area separation walls shall not define separate
buildings. A clear unattached space of not less than (10) feet shall define separate
26 buildings.
27 INDINGS:A,B,C,D,E,F APPLY
28
21
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1 15.16.160 Exhibition and Display Rooms.
P Y
2
Section 1003.2.3.3 of the California Fire Code is amended to read as follows:
3
4 1003.2.3.3 Exhibition and display rooms. An automatic sprinkler system shall be
installed in Group A Occupancies which have more than 5000 square feet (465
5 m2) of floor area which can be used for exhibition or display purposes.
FINDINGS:A,C,D,E,F APPLY
6
7 15.16.165 Existing Group R Occupancies
8 Section 1007.2.9.2.1 of the California Fire Code is amended by adding the
9 following:
10 1007.2.9.2.1 Existing Group R occupancies shall be provided with an approved
11 Fire Alarm system in accordance with Section 1007.2.9 and Chapter 35 of the
California Building Standards Code.
12 FINDINGS:A,B,C,D,E,F APPLY
13 15.16.170 Power Source.
14
Section 1007.2.9.2.3 of the California Fire Code is amended to read as follows:
15
16 1007.2.9.2.3 Power Source. In Group R Occupancies, single station smoke
17 detectors shall receive their primary power from the building wiring, provided that
such wiring is served from a commercial source. The wiring shall be permanent
18 and without a disconnecting switch other than those required for overcurrent
rotection.
19 FINDINGS:A,B,C,D,E,F APPLY
20 15.16.175 Locations of Smoke Detectors in Existing Group R Occupancies.
21
22 Section 1007.2.9.2.4 of the California Fire Code is amended to read as follows:
23 1007.2.9.2.4 Locations within existing Group R Occupancies. Smoke detectors
24 hall be installed/mounted as prescribed in California Building Standards Code,
hapter 310.
25 INDINGS:A.B,C,D,E,F APPLY
26 15.16.180 Permits and Plans.
27
28
22
1 Section 110 1.3 of the California Fire Code is amended to read as follows:
2
Section 1101.3 Permits and Plans. The Fire Chief may require permits and/or
3 plans for operations within this Section. Fees for such permits will be established
4 by Resolution of the Mayor and Common Council.
5
6 15.16.185 Open Burning.
7 Section 1102.3.5 of the California Fire Code is amended to read as follows:
8
1102.3.5 Location. Open burning shall be conducted only in areas approved by the
9 Chief.
10
11 15.16.190 Recreational Fires.
12 Section 1102.4.2 of the California Fire Code is amended to read as follows:
13
14 1102.4.2 Location. Recreational fires shall not be conducted in the area of the City
defined as a "Hazardous Fire Area" or within 25 feet of a structure or combustible
15 materials, unless contained in a barbecue pit. Conditions which could cause a fire
16 to spread to within 25 feet of a structure shall be eliminated prior to ignition.
17
18 15.16.195 Accumulation of Waste Material.
19 Section 1103.1 of the California Fire Code is amended by adding the following
20 section:
21 1103.1.1 Abatement. In the event that abatement is not performed as required in
22 this section, the Fire Chief may cause such abatement by giving notice to the
caner of the property upon which such conditions exists to correct such condition.
23 If the owner fails to correct such prohibited condition, the Fire Chief may cause the
24 sarne 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
25 Bernardino Municipal Code.
26
27 15.16.200 Individual Piles.
28
23
1
2 Section 1103.3.6.2 of the California Fire Code is amended to read as follows:
3 1103.3.6.2 Individual piles. Tires shall be restricted to individual piles not
4 exceeding 2,500 square feet of continuous area. Piles shall not exceed 25,000
cubic feet in volume or 10 feet in height
5
6 15.16.205 Sparks from Chimneys.
7 Section 1109.7 of the California Fire Code is amended to read as follows:
8
1109.7 Sparks from Chimneys. Each chimney used in conjunction with any
9 fireplace or any heating appliance in which solid or liquid fuels are used shall be
10 maintained with an approved spark arrester. An approved spark arrester shall
mean a device constructed of stainless steel, aluminum, copper, or brass, woven
11 galvanized wire mesh, nineteen gauge minimum or three-eighths inch minimum to
12 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
13 be visible from the ground.
FINDINGS:A,B,C,D,E,F APPLY
14
15
15.16.210 Requirements for Use of Candles and Other Open Flame Decorative
16 Devices.
17
Section 1109.8.1 of the California Fire Code is amended to read as follows:
18
'f
19 1109.8.1. General. Candles and other open-flame devices. Candles and other
open-flame devices shall not be used in places of assembly or in drinking or dining
20 establishments unless approved by the Chief, in accordance with Section 1109.8
21
Section 1109.8.3 of the California Fire Code is amended to read as follows:
22
23 1109.8.3 Lighted hand-held candles shall not be permitted or used.
24
25 15.16.215 Fire Damage.
26
Section 1110.3 of the California Fire Code is amended by adding the following:
a
27
28
24
1 1110.3.1 Fire Damage. The owner, occupant or other persons under his control,
2 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,
3 fencing, barricading or other appropriate measures within ten (10) days of notice
4 by the Fire Department.
5 Within thirty (30) days after written notice to do so has been served, all debris
6 and/or damaged materials shall be removed from the property and proof furnished
that contractual arrangements have been made for demolition, replacement or
7 repair of all fire damaged structures remaining on property involved in the fire.
FINDINGS:A,B,C,D,E,F APPLY
8
9 15.16.220 False Alarm.
i
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10 Section 1302.3 of the California Fire Code is amended to read as follows:
11
1302.3 False Alarms. False alarms shall not be given signaled or transmitted or
12 caused or permitted to be given, signaled or transmitted in any manner. Failure to
13 comply with this Section will result in penalties charged as prescribed in Section
101.5 (Liabilities) of the California Fire Code.
14
15
16
17
18 15.16.225 Emergency Plans
19
Section 1303.1 of the California Fire Code is amended to read as follows:
20
21 1303.1 General. Emergency plans, staff training and fire drills shall be provided in
accordance with Section 1303. All plans and procedures shall be submitted to the
22 ire Department for approval. See also Appendix I-B
23
24 15.16.230 Use of Candles and Other Open Flame Devices in Places of
25 ssembly
26
Section 2501.17 of the California Fire Code is amended to read as follows:
27
28
25 '
1
2 2501.17 Candles and other open-flame devices. Candles and other open-flame
devices shall not be used in places of assembly or in drinking or dining
3 establishments.
4 EXCEPTIONS: Reference Section 1109.8
5 FINDINGS:A,C,D,E,F APPLY
6 15.16.235 Standby Personnel for Public Gatherings.
7 Section 2501.18 of the California Fire Code is amended to read as follows:
8
9 Section 2501.18 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
10 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
shall reimburse the Fire Department for one or more qualified persons as required
12 and approved by the Fire Chief to be on duty at such place. Such individuals shall
13 be subject to the Fire Chief's orders at all times when so employed and shall
remain on duty during the time such places are open to the public, or when such
14 activity is being conducted. Before each performance or the start of such activity,
15 said personnel shall inspect the required fire appliances provided to determine that
such devices are in proper place and in good working order and inspect exits and
16 aisles to ensure such passageways are clear and adequate, and shall keep diligent
17 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
18 that may occur. Such individuals shall not be required or permitted, while on duty,
19 to perform any other duties than those herein specified.
INDINGS:A,C,D,E,F APPLY
20
15.16.240 Permits for Carnivals/Fairs
21
22 Section 2504.1 of the California Fire Code is amended to read as follows:
23 Section 2504.1.1 Permits. Permits shall be in accordance with Section 105.8 c.2
24 INDINGS:A.C.D.E,F APPLY
25 15.16.245 Compressed Gasses-Use and Handling
26 ection 7403.1 of the California Fire Code is amended to add the following:
27
28
26
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1 Section 7403.1.10 Use of compressed gas in buildings. Compressed gas shall not
2 be used for the purpose of heating in any building.
3 EXCEPTION: Except as provided in Section 8203.2.1.3.
FINDINGS:A,C,D,E,F APPLY
4
5 15.16.250 Permits for Fireworks.
6 Section 7801.3 of the California Fire Code is amended to read as follows:
7
7801.3 Permits. Except as provided by this code or the San Bernardino Municipal
8 code, it shall be unlawful for any person to store, offer for sale, expose for sale, sell
9 at retail or use or explode any firework; provided that the Fire Chief shall have
power to adopt reasonable rules and regulations for the granting of permits for
10 supervised public display of fireworks by a public agency, fair association,
11 amusement park, other organization , or for the use of fireworks by artisans in
pursuit of their trade. Every such use of display shall be handled by a competent
12 operator approved by the Fire Chief or his designated representative. Such
13 fireworks shall be handled in a manner not hazardous to property or to endanger
any person.
14 I
15
16 15.16.255 Seizure of Fireworks
17 i Section 7802.2 of the California Fire Code is amended to read as follows:
18
19 7802.2 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 owner, all
20 stocks of fireworks offered or exposed for sale, stored or held in violation of
21 Article 78.
22
23 15.16.260 Diked areas
24 Section 7902.2.8.3 of the California Fire Code is amended to read as follows:
25 i
902.2.8.3.9 Distance. The distance between the inside of any dike and the shell of
26 ny tank not over 30 feet in diameter shall be not less than 5 feet. For tanks over
27 3 0 feet in diameter, the distance shall be not less than 10 feet.
IND[NGS:A,C.D,E,F APPLY
28
27
1
2 15.16.265 Tank location
3 Section 7904.2.5.4.1 of the California Fire Code is amended to read as follows:
4 7904.2.5.4.1 General. Tanks containing Class I and II liquids shall be kept outside
5 of and at least 50 feet from buildings, property lines, and combustible storage.
6 Additional distance shall be provided when necessary to ensure that vehicles,
equipment and containers being filled directly from such tanks will be not less than
7 50 feet from structures, haystacks and other combustible storage.
FINDINGS:A,C,D,E,F APPLY
8
9
10 15.16.270 LP-Gas permits, Plans and Records
11 Section 8202.1 of the California Fire Code is amended to add as follows:
12 8202.1.1 Permits and Plans. When a commercial installation is 125-gallon
13 aggregate water capacity or greater, the installer shall submit plans for such
installation.
14
15 15.16.275 Installation of Equipment-Liquefied Petroleum Gases
16 Section 8203.2.1.3 of the California Fire Code is amended to read as follows:
17
8203.2.1.3 Construction and temporary heating. Portable containers are allowed to
18 be used in buildings or areas of buildings undergoing construction.
19
20 15.16.280 Standards.
21
22 Article 9003 of the California Fire Code is amended by adding the following: ,
23 Section 9003. Recognized Standards. California Code of Regulations, Title 19
Public Safety) and Title 24 (Building Standards).
24
25 Section 9003n.2 of the California Fire Code is amended by adding the following:
26 ection 9003n.2. National Fire Protection Association. All volumes and
27 Supplements of the most current published edition.
28
2s
1 15.16.285 Above Ground Tanks
2 Appendix II-F of the California Fire Code title is amended to read as follows:
3
4 APPENDIX II-F PROTECTED ABOVEGROUND TANKS OUTSIDE
BUILDINGS
5
6 Appendix II-F Sections 4 and 5 of the California Fire Code are amended to read as
follows:
7
8 Section 4.3 Size. Primary tanks shall not exceed a 6,000 gallon individual or
18,000 gallon aggregate capacity. Any above ground tank requires a minimum of
9 1,500 g.p.m. fire flow on site. Refer to Table A-II-F-1.
10 Section 4.3.1 Size-Airport Use Only. Primary tanks shall not exceed 12,000 gallon
11 individual or 48,000 gallon aggregate capacity. Any above ground tank requires a
12 minimum of 1,500 g.p.m. fire flow on site. Refer to Table A-II-F-2.
13 Section 5.2. Secondary Containment. Protected aboveground tanks shall be
14 provided with secondary containment that is a component of the listed protected
aboveground tank. The method of monitoring shall be in accordance with Section
15 8003.1.3.3. Enclosed secondary containment shall be provided with emergency
16 venting.
17 Appendix II-F of the California Fire Code is amended by adding the following:
18 i
Table A-I1-F-2
19 Minimum Separation Requirements For Protected Above Ground Tanks
20 Airport Use Only-Commercial/Private
Individual tank Capacity Minimum distance Minimum distance from Minimum distance
21 Gallons(liters) from property line the nearest side of any between tanks
which is or can be built public way or from the feet(mm)
upon, including the nearest important
22 opposite side of a building on the same
23 public way feet(mm) property feet(mm) j
Less than or equal to 6,000 50 50 5
24 22,712)
25
Greater than 6,000 100 100 5
22,712)
26 FINDINGS:A,C,D,E,F APPLY
{
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1
2 15.16.290 Modifications Fire Flow
3
4 Appendix III-A Section 3 of the California Fire Code is amended by the deletion
of Section 3.1:
5
6 3.1 Decreases. Entire section is deleted
7 Appendix III-A Section 4.2 of the California Fire Code is amended to add the
8 following:
9 4.2 Area Separations. Exception: For purposes of fire sprinklers use Section
10 1003.2.1.
11 Appendix 111-A Section 5.1 of the California Fire Code is amended to add the
12 following:
13 5.1 One and Two Family Dwellings. Exception: The resulting fire flow shall not
be less than 1000 gallons per minute in the Foothill Fire Zone Overlay District,
14 Zones A, B, C.
15 FINDINGS:A,B,C,D,E,F APPLY
16
17 15.16.295 Fire Flow School Buildings
18
10 Appendix III-AA Section 4.2 of the California Fire Code is amended to add the
following:
20
.2 Exception: For purposes of fire sprinklers use Section 1003.2.1.
21 FINDINGS:A,C,D,E,F APPLY
22
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2 15.16.300 Bail Schedule
3 Appendix VI-D, Figure A-VI-D-5 of the California Fire Code, is
4
amended to read as follows:
5
6 Figure A-VI-D-5
7 Bail Schedule
8
9
10 Section Offense Bail
11 103.4.3.1 Noncompliance with Orders or Notices $1000.00
12 103.4.3.2 Noncompliance with Condemnation Tag $1000.00
13
14 103.4.3.3 Removal and Destruction of tags and Signs $1000.00
15 103.4.4 Unlawful Continuance of Hazards $1000.00
16
17 All other violations are $1000.00 plus court costs. Fines are forfeitable
18 on first offense and mandatory appearance is required on second offense."
19
20
21
22
23
24
25
26
27
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1 15.16.300 Bail Schedule
5
2 Appendix VI-D, Figure A-VI-D-5 of the California Fire Code, is
3
4 amended to read as follows:
5
6 Figure A-VI-D-5
Bail Schedule
7
8
9 Section Offense Bail
10 103.4.3.1 Noncompliance with Orders or Notices $1000.00
11
12 103.4.3.2 Noncompliance with Condemnation Tag $1000.00
13 103.4.3.3 Removal and Destruction of tags and Signs $1000.00
14 103.4.4 Unlawful Continuance of Hazards $1000.00
15
16 ,
17 All other violations are $1000.00 plus court costs. Fines are forfeitable
18 on first offense and mandatory appearance is required on second offense."
19
20
21
22
23 1H
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26 1H
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16
OF THE SAN BERNARDINO MUNICIPAL CODE, AND ADOPTING THE
2 CALIFORNIA FIRE CODE (1998), WITH APPENDICES, AND INCORPORATING BY
3 REFERENCE THE 1997 EDITION OF THE UNIFORM FIRE CODE OF THE
INTERNATIONAL FIRE CODE INSTITUTE WITH NECESSARY CALIFORNIA
4 AMENDMENTS, TOGETHER WITH CALIFORNIA CODE OF REGULATIONS,
TITLE 24, AND THE UNIFORM FIRE CODE STANDARDS (1997).
5
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a meeting
7 thereof, held on the day of , 1999, by the following vote, to-wit:
8 Council Members: Ayes Nays Abstain Absent
9
10 ESTRADA
LIEN
11 MCGINNIS
12 SCHNETZ
DEVLIN
13 ANDERSON
14 MILLER
15
16 Rachel Clark, City Clerk
17 The forgoing ordinance is hereby approved this day of
18 , 1999.
19
20 Judith Valles, Mayor
City of San Bernardino
21
22 Approved as to form
and legal content:
23
24 James F. Penman
25 ity Attorney
26 By
27 /
28
32