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1 ORDINANCE NO. c17CJ-y'
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING A FIRE
PREVENTION CODE; PRESCRIBING RULES AND REGUIATIONS GOVERNING
:3 CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE; AND REPEALING
ORDINANCE NO. 2329.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
SECTION ONE: That this Ordinance and/or the Fire Prevention
7 Code hereby adopted shall be known as the "Fire Prevention Code"
8 of the City of San Bernardino.
SECTION TWO: That those certain rules and regulations
governing conditions hazardous to life and property from fire.
all as set forth in a certain code entitled "Fire Prevention
Code. 1965 Edition". including Appendixes A through B. inclusive.
as promulgated by the National Board of Fire Underwriters. three
copies of which code have heretofore been filed with and are now
on file in the Office of the City Clerk of the City of San
Bernardino. and which copies are identified by a Certificate
attached thereto. reading as follows:
"I~ JACK ll. FELTON. hereby certify that the three annexed
Codes entitled "Fire Prevention Code. 1965 Edition".
including Appendixes A through B. inclusive. were filed
in the Office of the City Clerk of the City of San
Bernardino on the 8th day of September. 1965. and are true,
correct and complete copies of said Code which is
sought to be adopted by reference by Ordinance of the
Mayor and Common Council of said City. JACK Tv FELTON,
City Clerk of the City of San Bernardino.";
be and the same are hereby established as rules and regulations
and a code of said City; and each and every part of said code.
and each and every provision therein contained. including its
Appendixes A through B. inclusive. is hereby referred to and
designated as the "Fire Prevention Code~ 1965 Edition". and is
hereby adopted and made a part hereof as though fully set forth
at length in this Ordinance.
SECTION THREE: The following articles. sectiens and
.31 provisions of the Fire Prevention Code. 1965 Edition. are hereby
32 amended to read as follows:
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ARTICLE 21. LIQUEFIED PETROLEUM GASES..
Section 21.01. General Provisions. No person shall store,
transport, use or transfer from one tank to another any liquefied
petroleum gas unless the provisions of this Ordinance and the
liquefied petroleum gas safety orders of the State Division of
Industrial Safety, Department of Industrial Relations, have been
complied with.
Tanks and containers used for dispensing, storing, handling,
transporting or transferring Liquefied Petroleum Gas are defined
as follows:
DIVISION I: Applies to cylinders having a capacity of 85
U. S. Gallons or less.
DIVISION II: Applies to stationary tanks not included under
Division I. (Storage Tanks Only).
DIVISION III: Applies to tanks used as cargo tanks in
connection with tank vehicles.
DIVISION IV: Applies to tanks used for mobile fuel tanks.
Section 21.02. Approvals.
(a) Every tank or cylinder shall be constructed in
accordance with the Liquefied Petroleum Gas Safety Orders issued
by the State Division of Industrial Safety, Department of Indus-
trial Relations of the State of California, and shall be inspected
and approved by an authorized inspector of the Department of
Industrial Relations or by an inspector approved by the Board of
Mechanical Engineers.
(b) The type, design, construction and capacity of all
pressure relief devices shall be approved by the Division of
Industrial Safety, Department of Industrial Relations of the
State of California.
(c) Every dispensing apparatus used in connection with an
auto filling station shall be approved by the Chief of the Fire
Department or his duly authorized representative.
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1 (d) Every pump or vaporizer used in connection with
2 Liquefied Petroleum Gas shall be approved by the Chief of the
3 Fire Department or his duly authorized representative.
4 (e) Valves, fittings, hose, meters, vapor eliminators and
5 pipe used in connection with Liquefied Petroleum Gas System shall
6 conform to the Liquefied Petroleum Gas Safety Orders of the
7 Division of Industrial Safety, Department of Industrial Relations
8 of the State of California Revised January 1, 1946, or to any
9 revision hereinafter made by the Department of Industrial Relations.
10 (f) It will be necessary to obtain permit and pay fee of
11 four ($4.00) dollars to the Building Department of the City of
12 San Bernardino for each tank or cylinder installation.
13 Section 21003. Excess Flow and Check Valveso
14 Every Division I, II>> III and IV tank shall be equipped
15 with the following safety deviceso
16 (a) In every opening for every filling line there shall
17 be installed and maintained an excess flow check valve or back
18 flow check valve as specified in the Liquefied Petroleum Gas
19 Safety Orders of the Division of Industrial Safety, Department
20 of Industrial Relations.
21 (b) In every opening for every vapor return line there
22 shall be installed and maintained an excess flow check valve.
23 (c) In every liquid out opening larger than one-half (1/2)
24 inch in any tank, there shall be installed and maintained an
25 excess flow check valveo Where pipe sizes are reduced in piping
26 conveying liquid there shall be installed and maintained an
27 excess flow check valve capable of shutting off flow of liquid
28 in the smaller pipe in event of break.
29 EXCEPTIONS:
30 Division III tanks may, in lieu of excess flow check valve
.31 be equipped with an approved internal valve located inside the
32 t~nk shell, and the operating mechanism for such valve shall be
3
1 provided with a fusible section having a melting point not
2 exceeding 200 degrees "F", which will close internal valve auto-
3 matically in case of fire.
4 Section 21.04. Filling of Tanks.
5 (a) The transferring or dispensing of Liquefied Petroleum
6 Gas into any cylinder or tank in any building or on any premises
7 within the City of San Bernardino is prohibited.
8 EXCEPTIONS:
9 1. At any cylinder filling plant which is approved for
10 such use, and only when building is open on at least three sides
11 and in a permissible zoning district only.
12 2. At any approved Liquefied Petroleum Gas filling station
13 in any permissible zoning district only.
14 (b) The transferring of Liquefied Petroleum Gas from one
15 cylinder or tank to another on any public street, sidewalk, alley
16 or public way is prohibited.
17 (c) Division IV tanks shall be filled only at Automobile
18 Filling Stations having a valid permit from the Chief of the
19 Fire Department or his representative. (in any permissible zoning
20 district only).
21 (d) The dispensing of Liquefied Petroleum Gas from a
22 Division III tank to a Division IV tank is prohibited.
23 EXCEPTION: Upon written permit from the Chief of the Fire
24 Department or his representative, Division IV tanks may be filled
25 by Division III tanks where mobile equipment is in use on
26 construction projects, oil well maintenance and similar uses.
27 (e) No person shall fill any cylinder or tank with
28 Liquefied Petroleum Gas unless there is a valid permit then in
29 effect from the Division of Industrial Safety, Department of
30 Industrial Relations, or fill any cylinder or tank with Liquefied
.31 Petroleum Gas having a vapor pressure in excess of the rated
32 w~rking pressure of such cylinder or tank; nor fill any cylinder
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or tank in excess of the rated capacity.
(f) A competent and authorized attendant shall remain at
transfer connections continuously while transferring Liquefied
Petroleum Gas and from the time connections are first made until
finally broken.
(g) During the transfer of Liquefied Petroleum Gas from
any Division III tank the vehicle shall be adequately protected
against movement by use of chock blocks.
Section 21. 05. Location and Installation of Cylinders
and Tanks.
No cylinder or tank shall be used, stored, or maintained
in any building occupied entirely or in part as a Theatre, Place
of Public Assemblage, Hospital, Sanitarium, Hotel, Apartment
House, Rooming House, Detention Home, Orphanage or similar
occupancy.
(a) DIVISION I CYLINDERS:
(1) Division I cylinders with their pressure reducing
regulators shall be located outside of, and not less than, five (5)
feet from any building wall which does not afford at least one-
hour fire-resistive construction or any opening into any building,
and not less than ten (10) feet from any alley or street line.
Such cylinders shall not exceed two (2) in number, set upon a
firm foundation and secured in a manner which will prevent the
possibility of overturning and shall be protected by suitable
wire enclosure to prevent tampering. No such tank or cylinder
shall be installed where natural gas is available.
EXCEPTION:
Division I cylinders having a maximum volumetric capacity
of five (5) Uo S. Gallons may be used inside a building in
connection with plumbers' pots, cutting torches, welding,
soldering and similar uses.
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(2) Readily ignitable material shall not be permitted
within ten (10) feet of any Division I cylinder.
(3) Division I cylinders with their regulators, when
installed on portable equipment, shall not exceed ten (10)
gallons volumetric water capacity and shall be installed on the
exterior of any enclosure at least five (5) feet from the source
of any ignition and shall be securely mounted and protected
from mechanical injury or shall be installed in a compartment
separated from any other compartment by a vapor-tight partition
of non-combustible or fire-resistive material. Such compartment
shall be ventilated directly to the outside.
(4) No tank or cylinder shall be used or stored in Fire
District No. 1 except upon the approval of the Chief of the Fire
Department or his duly authorized representative.
(5) The aggregate gross capacity of cylinders in one
installation shall not exceed 60 U. S. gallons when located in
any fire district.
(6) The warehousing and storage of Division I cylinders,
when not in use, shall be in a well isolated and ventilated
building of non-c~bustible construction, or in an isolated
location and sheltered against the elements in the Industrial
Zone only.
(b) DIVISION II TANKS:
Plans shall be submitted for approval to the Fire
Prevention Bureau for the installation of every Division II tank.
Prints shall be submitted in duplicate showing plot plan, valves,
piping arrangement and protection equipment.
(1) Every Division II tank shall be installed and main-
tained outside of every building and in accordance with minimum
distance shown in the following table in a permissible zoning
district only:
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Capacity in Street or Buildings or
Adjoining Pit or Other
U.S. Gallons Allev Property Lines Basement Tanks
85 to 500 25 ft. 25 ft. 25 ft. 2 ft.
Over 500 50 ft. 50 ft. 50 ft. 3 ft.
Note: Measurements shall be computed from the shell of
above ground tanks.
(2) Division II tanks installed above ground shall be
mounted on foundations of non-combustible material which shall
be adequately fire-resistive protected as required by the Building
Department. Foundation for tanks having a volumetric capacity
in excess of 500 gallons shall be installed on concrete
foundations approved by the Department of Building and Safety
(Building Department).
(3) A collision fence constructed entirely of iron, steel
or concrete shall be installed to provide for a minimum clearance
of 10 feet from the outer edge of all portions of above ground
tanks and vaporizing equipment. The posts shall be set not over
six (6) feet apart and shall have a strength equivalent to that
of six (6) inch diameter standard iron pipe. Posts shall be set
in concrete at least two (2) feet below natural grade level and
shall extend not less than thirty (30) inches above natural
grade level. Collision fence shall be equipped with two hori-
zontal guard rails, the strength of which shall be equivalent to
that of two (2) inch standard pipe, installed 15 and 30 inches,
respectively, above natural grade level. The surface of the
enclosure formed by the collision fence shall be maintained
free of material which is not a part of the tank, vaporizing,
dispensing, piping or protective equipment.
(4) Tanks, vaporizing equipment and piping connections in
accord with Division II tanks shall be enclosed by a six (6) foot
non-combustible fence located not less than five (5) feet from
such tank or vaporizer. Posts for such fence shall be set in
concrete and spaced not more than 10 feet apart with corner
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posts firmly braced. Openings in fence shall be protected by
substantial iron or steel gates not less than six (6) feet in
height. Collision fence and six (6) foot security fence may be
constructed as one, if located as required by paragraph 3 of this
Section.
(5) Skid tanks shall not be used as Division II tanks
except under written permit issued by the Chief of the Fire
Department or his duly authorized representative. In no event
shall such tanks exceed 500 gallons volumetric capacity.
(6) No underground storage tanks of Liquefied Petroleum
Gas are allowed in the limits of the City of San Bernardino.
(7) No Division II tank shall be transported from one
location to another on a public thoroughfare when such tank
contains any liquid fuel or vapor, unless written permit so to
do has first been obtained from the Chief of the Fire Department
or his duly authorized representative.
(c) DIVISION III TANKS:
(1) No Division III tank shall be driven into, stored,
parked or repaired in any building unless all flammable and
explosive vapors or gases have been first removed and tank filled
with inert gas.
EXCEPTION:
Building used exclusively for the storage of Division III
tanks.
(2) No Division III tank shall be driven into, stored or
parked on premises used and operated as a house trailer park,
auto camp or similar occupancy and shall be parked in a
permissible zoning district only.
(3) Division III tanks shall be permanently mounted on
steel saddles or bolsters, and securely bolted, clamped or
welded to the frame of the vehicle. Division III tanks shall
not be anchored to vehicle by cables, ropes or chains. No
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Division III tanks shall be operated except on a vehicle having
a minimum of four (4) wheels. A semi-trailer utilizing a motor
vehicle or converter gear for carrying a portion of the load
shall not be prohibited.
(5) Skid tanks shall not be used as Division III tanks.
(6) Connections between Division III tanks and Division
IV tanks (Mobile fuel tanks) are prohibited. Connections
between Division III tanks and motor of vehicles for fuel
purposes are prohibited.
(7) All tank fittings on Division III tanks shall be
adequately protected against mechanical injury.
(8) Division III tanks shall not be filled in the limits
of the City of San Bernardino.
(d) DIVISION IV TANKS~
(1) Division IV tanks shall be securely mounted by not
less than two (2) substantial hangers anchored to the chassis.
Such tanks) when mounted outside of the frame of the chassis)
shall not exceed 100 gallon volumetric water capacity each, and
not more than two (2) such tanks shall be mounted on anyone
vehicle. No portion of any such tank shall extend beyond the
hub caps of the wheels. There shall be maintained a clearance
at least equal to the minimum road clearance of the vehicle to
which tank is attached.
(2) When Division IV tanks are installed in a closed
compartment such compartment must have ventilation at the floor
level equal to a minimum of 16 square inches.
(3) Any vehicle equipped with a Division IV tank shall
not be stored, parked or kept in any building occupied or used
as a public assemblage, theatre, apartment house, hotel, rooming
house, detention home, orphanage, hospital sanitarium) public
garage, where people live, sleep or work or similar occupancy.
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(4) Motor vehicles using Liquefied Petroleum Gases for
fuel shall be permitted to park in private garages only when
said garage is located not less than twenty-five (25) feet from
any dwelling or other buildings in which persons sleep or work,
provided ga~ge is ventilated on four sides with ventilators
not less than two (2) square feet each, installed not over six
(6) inches above the floor level.
Section 21.06. Stationary Dispensing Units.
(1) Dispensing units shall be located at least thirty (30)
feet from every above ground tank, public sidewalk, street,
thoroughfare, property lines and building.
(2) Dispensing units shall be located not less than
fifty (50) feet from any pit or open flame.
(3) Dispensing units shall be ins ta lIed on concrete island
and a level concrete slab shall be constructed and maintained
for vehicles to stand upon while refueling.
(4) Dispensing units shall be adequately protected by
crash barriers or guard rails not less than thirty (30) inches
in height measured above the vehicular roadway. Crash barriers
and guard rails shall be non-combustible material having a
strength equivalent to that of six (6) inch standard weight
steel pipe. Where vertical posts are utilized they shall be
imbedded in not less than two (2) feet of concrete below grade
surface.
(5) All electrical equipment in any Liquefied Petroleum
Gas installation shall be approved by the Electrical Inspector
of the City of San Bernardino.
(6) Dispensing hose shall be of an approved type, not
larger than one (1) inch in diameter nor longer than twenty (20)
feet. Such hose, when not in use, shall be secured in a manner
to prevent damage to hose or fouling of hose by vehicles which
pass by the island, and when such hose is of a length in excess
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1 of 11 feet, it shall be provided with a counter-weight support
2 or an automatic reelo The discharge end of the dispensing
3 shutoff valve shall be located near the hose inlet.
4 Section 21.07. Piping.
5 (1) All threaded pipe connections shall be sealed by a
6 pipe dope compound insoluble in Liquefied Petroleum Gas or water.
7 (2) Piping or approved tubing shall be used wherever
8 practicable. When flexible connections are made, approved hose
9 and fittings shall be used subject to approval of the Plumbing
10 Inspector of the City.'
11 (3) Welded or brazed joints shall be used throughout all
12 piping systems as far as practicable, except that approved flared
13 connections and fittings may be used in connection with copper,
14 brass or aluminum tubing. No screwed joints shall be buried
15 underground. All welding and brazing of joints in any system
16 utilizing Liquefied Petroleum Gas shall be done by a certified
17 welder approved by the Board of Mechanical Engineers.
18 (4) All piping shall be protected against corrosion by a
19 protective coating or wrapping of a type approved by the Fire
20 Prevention Bureau or the Chief of the Fire Department or his
21 duly authorized representative.
22 (5) Underground piping shall be buried at least two (2)
23 feet below the surface of the ground.
24 (6) Above ground piping shall be supported and adequately
25 protected against mechanical damage or displacement.
26 (7) There shall be installed between service valves a
27 spring loaded relief valve on all pipe lines conveying Liquefied
28 Gas in a liquid state.
29 (8) Upon completion of the piping installations it shall
30 be tested for leaks using air or inert gas at a pressure of
.31 125 psi or the rated working pressure whichever is greater. The
32 test shall be made with soapy water by the Plumbing Inspector.
(9) No Liquefied Petroleum Gas in a vapor state shall be
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1 piped into any building at a pressure in excess of 5 psi.
2
(10) The installation of all piping and equipment designed
3 or used to convey Liquefied Petroleum Gas in a vapor state into
4 any building, including all appliances in connection herewith,
5 shall be approved by the Plumbing Department of said City.
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Section 21.08. Warning Signs.
(1) Every Division II and Division III tank shall have
8 painted where readily visible the word "INFLAMMABLE" having a
9 height of letters at least one-sixth (1/6) of the diameter of the
10 tank, but need not exceed twelve (12) inches.
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(2) Every Division II tank shall have warning signs with
12 the following wording: "NO SMOKING OR OPEN FLAMES PERMITTED
13 WITHIN 50 FEET" and it shall be unlawful for any person to smoke
14 or light any flammable substance in this area.
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Section 21.09. Labeling of Tank Inlet and Outlet.
(1) All tank inlets and outlets which are not combination
17 inlets and outlets, except safety relief valves and gauging
18 devices, shall be labeled to designate whether they communicate
19 with vapor or liquid space. Labels may be placed on loose ring
20 type metal discs around the valve connections.
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Section 21.10. First Aid Fire Equipment Required.
(1) On every Division III tank and on the premises where
23 there is located a Division II tank there shall be installed and
24 maintained not less than one unit of Carbon Dioxide type fire
25 extinguisher or one No. 15 approved dry powder type fire
26 extinguisher.
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Section 21.11. Miscellaneous Provisions.
(1) Any revision of the rules and regulations of the
29 Division of Industrial Safety, Department of Industrial Relations
30 of the State of California shall immediately be construed to be
.31 in harmony with this Ordinance and shall be a part herein. All
32 Liquefied Petroleum Gas installation shall comply with the
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1 regulations as set down in the Division of Industrial Safety,
2 Department of Industrial Relations of the State of California,
3 for that certain type of installation, not in conflict with
4 this Ordinance.
5 Retailing and wholesaling of Liquefied Petroleum Gas
6 products and all Liquefied Petroleum Gas dispensing apparatus
7 used in connection with any automobile filling station shall be
8 located and maintained in a permissible zoning district only and
9 not less than fifty (50) feet from the nearest point of any
10 building, property line, pit, basement, cellar, or the nearest
11 rail of every tll'ack.
12 (3) The use of Liquefied Petroleum Gas for the operation
13 of air horns, paint guns, or operating air pressure devices, or
14 similar uses is prohibited.
15 (4) Excepting vehicles delivering Division I cylinder and
16 using Division IV tanks, no Liquefied Petroleum supply truck,
17 tank truck, trailer or other supply vehicles shall be permitted
18 to park or travel on any public street outside a permissible
19 zoning district of said City excepting streets designated as
20 State Highways.
21 (5) Vehicles containing delivery supply of Liquefied
22 Petroleum Gases, tank trucks, trailers or other delivery vehicles
23 containing Liquefied Petroleum Gas or Gasoline shall not be
24 stored in any building excepting in a permissible zoning district
25 of said City.
26 (6) Vehicles delivering Liquefied Petroleum Gases,
27 Gasoline or other petroleum products having a flash point of less
28 than 200 degrees "F", shall not be parked inside any building when
29 loading or delivering said products.
30 SECTION FOUR: Said Fire Prevention Code is hereby amended
.31 by deleting therefrom the following articles, sections, sub-
32 sections and provisions: Appendix B, Section 4. "Tanks Abandoned
in Place."
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1 SECTION FIVE: Said Fire Prevention Code is hereby amended
2 by adding thereto the articles, sections, sub-sections and
3 provisions hereinafter set forth to read as follows~
4 Section 14.7. Fire Protection Requirements - Private
5 Property.
6 (a) Whenever the Fire Chief shall find and determine that
7 private property or an area or portion thereof is beyond the
8 practical availability of publicly maintained fire hydrants and
9 is sueb a distance therefrom that such property cannot be
10 adequately served by such publicly maintained fire hydrants, and
11 whenever said Fire Chief shall find and determine further that
12 such private property or area thereof has been developed to such
13 a density, either by residential ievelopment or other types of
14 structures, that an additional fire hazard is created by reason
15 of such development and by reason of such property or area or
16 portion being beyond such publicly maintained fire hydrants, then
17 and in that event the Fire Chief shall notify the property owner
18 to install on said property or area or portion thereof on which
19 such hazards exist sufficient water mains and meters of adequate
20 size and fire hydrants of such kind, size and style and in such
21 numbers as the Fire Chief may find and determine to be necessary
22 for the protection of such private property or portion or area
23 thereof or properties adjacent thereto against the hazard so
24 found to exist.
25 (b) Such notice shall be given in writing to the owner or
26 owners of property on which such hazard is found to exist and
27 such notice shall state in detail the installations required.
28 (c) This notice shall require the owner on receipt of the
29 notice to commence forthwith to install the required fire
30 protective devices. The notice shall require the owner to
.31 commence the installation of the required equipment within thirty
32 (~O) days and to complete the installation within sixty (60) days
14
1 from the date of notice unless an extension of time is granted in
2 writing by the Fire Chief.
3 (d) Service of said notice shall be by personal service
4 upon the owner, as shown by the last assessment roll, if he shall
5 be found within the City Limits. If he is not found within the
6 City limits, service may be made upon said owner by registered
7 mail or by personal service on the person occupying or controlling
8 the structure, if any. The owner may, within fifteen (15) days
9 after service of said notice, appeal the finding and determi-
10 nations of the Fire Chief by filing a letter of appeal at the
11 office of the City Clerk. Said letter should be addressed to
12 the City Council. The City Clerk shall notify the appellant of
13 the date on which the City Council shall hear the appeal. At the
14 appeal hearing the City Council shall approve, modify or reject
15 the findings and determinations of the Fire Chief.
16 (e) Continued maintenance of the condition declared to be
17 a fire hazard by the Fire Chief is a public nuisance.
18 (f) Any properly notified owner who shall fail to install
19 the required fire protection devices within the required period
20 of time shall be guilty of a misdemeanor, punishable by a fine of
21 not more than $500.000 or by impriso~Rt for not more than six (6)
22 months, or by both such fine and imprisonment. The imposition of
23 one penalty for any violation shall not excuse the violation or
24 permit it to continue; and all such persons shall be required to
25 correct or remedy said violation within sixty (60) days. Each
26 sixty day period that the prohibited conditions are maintained
27 shall constitute a separate offense.
28 SECTION SIX~ The Fire Prevention Code shall be enforced
29 by the Bureau of Fire Prevention in the Fire Department of said
30 City which is hereby established and which shall be operated
.31 under the supervision of the Chief Engineer of the Fire Depart-
32 mente The Fire Prevention Engineer or authorized representative
of the Chief Engineer shall be in charge of the Bureau of Fire
15
1 Prevention. A report of the Bureau shall be made annually and
2 transmitted to the Chief Engineer of the Fire Department; it
3 shall contain all proceedings under this Code with necessary
4 statistics; the report shall also include any desirable
5 recommendations for amendments to the Code.
6 SECTION SEVEN: Wherever the word, "municipality", is used
7 in the Fire Prevention Code, it shall be held to mean the City
8 of San Bernardino. Wherever the term, "corporate counsel", is
9 used, it shall be held to mean the City Attorney of the City of
10 San Bernardino. Wherever the word, "district", is used in the
11 Fire Prevention Code, it shall be held to mean fire zone, unless
12 the context clearly indicates a different meaning is intended.
13 SECTION EIGHT: Any person, firm or corporation, whether
14 as principal, agent, employee or otherwise violating or causing
15 the violation of any of the provisions of this Ordinance or Code
16 or violating or failing to comply with any order made thereunder
17 or building in violation of any detailed statement of specifi-
18 cations or plans submitted and approved thereunder or any
19 certificate or permit issued thereunder and from which no appeal
20 has been taken or who shall fail to comply with such an order
21 as affirmed or modified, shall for each and every such violation
22 be guilty of a misdemeanor 0 and upon conviction thereof shall be
23 punishable by a fine of not more than five hundred ($500) dollars,
24 or by imprisonment for a term not to exceed six (6) months, or by
25 both such fine and imprisonment. Such person, firm or corporation
26 shall be deemed guilty of a separate offense for each and every
27 day during any portion of which any violations of this Ordinance
28 or Code is committed or continued by such person, firm or
29 corporation and shall be punishable as herein provided. The
30 imposition of one penalty for any violation shall not excuse the
.31 violation or permit it to continue; and all such persons shall
32 b@ required to correct or remedy such violations or defects
within a reasonable time; and when not otherwise specified, each
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1 ten days that prohibited conditions are maintained shall consti-
2 tute a separate offense. The application of the above penalty
3 shall not be held to prevent the enforced removal of prohibited
4 conditions.
5
SECTION NINE: If any section, sentence, clause or phrase
6 of this Ordinance is for any reason held by a court of competent
7 jurisdiction to be invalid, such decision shall not affect the
8 validity of the remaining portions of this Ordinance. The Common
9 Council of the City of San Bernardino hereby declares that it
10 would have passed and does hereby pass this Ordinance and each
11 section, sentence, clause and phrase hereof, irrespective of the
12 fact that anyone or more sections, sentences, clauses or phrases
13 be declared invalid, or unconstitutional.
SECTION TEN: Ordinance No. 2329 is hereby repealed.
I HEREBY CERTIFY that the foregoing Ordinance was adopted
by the Mayor and Common Council of
::y i::-2~;;::: :z.nlnA/
the City of San Bernardino,
'ft
meeting held on the J? -
, 1965, by the following vote,
to wit~
AYES:
NOES:
/tou
;a;~1Y
of
The foregoing Ordinance
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is hereby approved this P day
1965.
!'~ {' Ii ~i
Mayor 0 the City of San Bernardino
Approved as to form:
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1ty torney
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