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1 ORDINANCE N0 . ; ~ ~ rj
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2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING THE UNIFORM
FIRE CODE (1971 EDTTION), TOGETHER WTTH THE APPENDICES, A THROUGH
3 E INCLUSIVE, FOR THE PURPOSE OF PRESCRIBING REGULATIONS GOAERNING
CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION;
4 ESTABLISHING A BUREAU OF FIRE PREVENTION; AND REPEALING ORDINANCES
NOS. 1856, 1868, AND 2704.
5
THE MAYOR AND COMMON COUNCIL OF THE CTTY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
7 SECTION 1. This Ordinance and the Code adopted by reference
8 herein shall be known as the "Uniform Fire Code".
9 SECTION 2. Those certain rules and regulations governing
10 conditions hazardous to life and property from fire or explosion,
11 all as set forth in a certain code entitled UNIFORM FIRE CODE
12 (1971 Edition), together with the Appendices, A through E,
13 inclusive, as promulgated by the International Conference of
14 Building Officials snd the Western Fire Chief's Association,
15 are hereby adopted for reference as rules and regulations and
16 a code of the City of San Bernardino. Three copies of the a-
17 forementioned code are on file in the Office of the City Clerk
18 of said City and are identified by Certificates attached thereto,
19 reading substantially as follows:
20 "I, LUCILLE GOFORTH, hereby certify that three (3)
copies of the annexed code entitled UNIFORM FIRE CODE
21 (1971 Edition) are true, correct, and complete copies
of that certain code referred to in Ordinance No.
22 ~ ~ of the City of San Bernardino, and by
23 sai ~ Or finance adopted by reference and made a part
thereof as fully as though set forth at length.
LUCILLE GOFORTH, City Clerk of the City of San
24 Bernardino."
25 SECTION 3. The sections and provisions of said UNIFORM FIRE
26 CODE (1971 Edition) are hereby amended to read as follows:
27 "Sec. 1.202. The Chief Engineer of the Fire Department
is authorized to make and enforce such rules and regu-
28 lotions for the prevention and control of fires and
fire hazards as ~y be necessary from time to time to
29 carry out the intent of this Code."
30 "Sec. 1.203. The Uniform Fire Code shall be enforced
by the Bureau of Fire Prevention in the Fire Depart-
31 ment of said City, which is hereby established, and
which shall be operated under the supervision of the
32 Chief Engineer of the Fire Department."
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1 "A report from the Bureau shall be made annually to ~
~ the Chief Engineer of the Fire Department; it shall
2 contain all proceedings under this Code with necessary
statistics. The report shall also include any deair-
3 able recommendations for amendments to the Code."
4, "Sec. 1.204(x). The Fire Prevention Engineer or the
authorized representative of the Chief Engineer shall
5 be in charge of the Bureau of Fire Prevention. He
may also be known as the Fire Marshal."
6
"Sec. 1.215. Whenever the Chief shall disapprove or
7 refuse to grant an application for a permit, or when
it is claimed that the provisions of the Code do not
8 apply or that the true intent and meaning of the Code
have been misconstrued or wrongly interpreted, the
9 applicant may appeal from the decision of the Chief
to the Board of Fire Commissioners of the City of San
10 Bernardino within 30 days from the date of the deci-
sion appealed."
11
"The Board shall adopt reasonable rules and regula-
12 tions for conducting its investigations and shall
render all recommnendations and findings in writing to
13 the Fire Chief with a duplicate copy to the appellant
and may recommend to the Mayor and Common Council such
14 new legislation as is consistent therewith."
15 "Sec. 11.106.(b) The storage of explosive and blast-
ing agents is prohibited within fire zones 1 and 2
16 and properties zoned residential and commercially,
except for temporary storage for use in connection
17 with approved blasting operations, provided, however,
this prohibition shall not apply to wholesale and
18 retail stocks of small arms ammunition, explosive
bolts, explosive rivets or cartridges for explosive-
19 actuated power tools in quantities involving Less than
500 pounds of explosive material."
20
"5ec:. 11.201. (b) Magazines shall be in the custody
21 of a competent person at all times who shall be held
responsible for compliance with all safety precautions."
22
"Sec. 11.301.(1) Vehicles transporting explosives
23 shall be in the custody of drivers who are physically
fit, careful, capable, reliable, able do read and write
24 the English language, not addicted to the use or under
the influence of intoxicants or narcotics, and not
25 less than 18 years of age. They shall be familiar
with state and municipal traffic regulations, and the
26 provisions of this Article governing the transporta-
tion of explosives."
27
"Sec. 12.101. FIREWORKS shall mean and include any
28 combustible or explosive composition, or any substance
i or combination of substances, or device prepared for
29 the purpose of producing a visible or an audible effect
I by combustion, explosion, deflagration, or detonation,
30 and shall include blank cartridges, toy pistols, toy
cannons, toy canes, or toy guns in which explosives
31 are used, firecrackers, torpedoes, skyrockets, Roman
candles, Daygo bombs, sparklers, or other devices of
32 like construction and any devices containing any
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ll' explosive or flammable compound, or any tablet or other
'~i device containing an explosive substance, except that
21'I the term 'fireworks' shall not include any auto flares,
paper caps containing not in excess of an average of
3'~ twenty-five hundreths of a grain of explosive content
~I per cap, and toy pistols, toy canes, toy guns or
4~'I other devices for use of such caps, the sale and use
of which shall be permitted at all times. 'Safe snd
5i sane fireworks' as defined in Section 12504 of the
Health and Safety Code of the State of California
g are excepted from this definition of 'fireworks'.'
7 "Sec. 12.102. (b) Except as provided by this Code or
in the current City Ordinance entitled 'An Ordinance
8 of the City of San Bernardino Regulating Storage, Use
and Sale of Safe and Sane Fireworks Within Said City,'
9 or other ordinances, laws, or amendments thereto here-
inafter enacted, it shall be unlawful for any person
10 to store, to offer for sale, expose to sale, sell at
retail, or use or explode any fireworks; provided
11 that the Chief shall have power to adopt reasonable
rules and regulations for the granting of permits for
12 supervised public display of fireworks by a jurisdiction,
fair associations, amusement parks, other organizations
13 or for the use of fireworks by artisans in pursuit of
their trade. Every such use or display shall be handled
14 by a competent operator approved by the Chief, and
shall be of such character and so located, discharged
15 or fired as in the opinion of the Chief after proper
investigation, so as not to be hazardous to property
16 or endanger any person."
17 "Sec. 12.102.(c) Applications for permits for super-
vised public displays of fireworks shall be made in
18 writing at least ten days in advance of the date of
the display. A permit shall not be issued unless
19 the person applying for the permit has first obtained
a license from the State Fire Marshal, as provided
20 by the State Health and Safety Code to do the parti-
cular act or acts described in the permit. After
21 such permit shall be granted, sale, possession, use
or distribution of fireworks for such display shall
22 be lawful for that purpose only. No permit granted
hereunder shall be transferable."
23
"Sec. 15.201.(e) The storage of flammable and com-
24 bustible liquids in above ground tanks outside of
buildings is prohibited within fire zones 1 and 2
25 and properties zoned residential."
26 Sec. 15.601. No new bulk plant shall be constructed
within fire zones 1 and 2 and properties zoned ~
27 residential."
28 Sec. 20.105.(a) The aggregate capacity of any one
installation shall not exceed 2,000 gallons water
29 capacity within the limits of said city."
30 "Sec. 26.115. Open Flame: No open flame devices
shall be used except:
31
(a) Where necessary for ceremonial purposes, the
32 inspection authority may permit open flame
lighting under such restrictions as may be
deemed necessary to avoid danger of ignition
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1 of combustible materials or injury to occupants.
2 NOTE: Lighted candles carried by children
present a hazard too great to be per-
3 witted for any cause.
4 (b) Open flame devices may be used on stages where
a necessary part of theatrical performances,
5 provided adequate safeguards as deemed necessary
by the inspection authority are taken to prevent
6 ignition of any combustible materials."
7 SECTION 4. Said Uniform Fire Code is hereby amended by
8 deleting therefrom the following section and provisions:
9 Section 26.116
10 SECTION 5. All offices of the United States Forest Service,
11 San Bernardino National Forest, shall have the assts powers and
12 authority granted to the Chief Engineer and employees of the
13 Fire Department of said City to enforce the Uniform Fire Code
14 and other laws and rules and regulations pertaining to fire
15 prevention. Said powers and authority shall only apply to
16 areas of said City located within the boundaries of the San
17 Bernardino National Forest. Such officers of the United States
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18 Forest Service shall not be construed to be agents, representa-
19 tives or employees of said City; said City and its officers
20 and employees assume no liability or responsibility for their
21 acts or failure to act hereunder; and these provisions are
22 enacted pursuant to the express representation of, and with
23 the understanding by, the federal government that said City and
24 its officers, employees and agents shall be saved and held harm-
25 less from such liability or responsibility.
26 SECTION 6.(a) Whenever the word "jurisdiction" is used
27 in the Uniform Fire Code, it shall be held to mean the City of
28 San Bernardino.
29 (b) Whenever the term "Corporation Counsel" is
30 used in the Uniform Fire Code, it shall be held to mean the City
31 Attorney of the City of San Bernardino.
32 (c) A fireman of the City of San Bernardino, when
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111 enforcing the Uniform Fire Code and other laws, rules and regu-
2'~~i lations relating to fire prevention, shall be deemed to be a
31 "peace officer" as those words are used in Section 830.3 of the
41 Penal Code.
5~~i SECTION 7. Any person, firm or corporation, whether as
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6~i principal, agent, employee or otherwise violating or causing
7~ the violation of any of the prarisions of this Ordinance or Code
8 or violating or failing to comply with any order made thereunder
9 or building in violation of any detailed statement of specifica-
10 tions or plans submitted and approved thereunder or sny certi-
11 ficate or permit issued thereunder and from which no appeal
12 has been taken or who shall fail to comply with such an order
13 as affirmed or modified, shall for each and every such violation
14 be guilty of a misdemeanor, and upon conviction thereof shall
15 be punishable by a fine of not more than five hundred dollars
16 ($500.00), or by imprisonment for a term not to exceed six (6)
17 months, or by both such fine and imprisonment. Such person,
18 firm or corporation shall be deemed guilty of a separate offense
19 for each and every day during any portion of which any viola-
20 tions of this Ordinance or Code is committed or continued by
21 such person, firm or corporation and shall be punishable as
22 herein provided. The imposition of one penalty for any violation
23 shall not excuse the violation or permit it to continue; and
24 all such persons shall be required to correct or remedy such
25 violations or defects within a reasonable time; and when not
26 otherwise specified, each ten days that prohibited conditions
27 are maintained shall constitute a separate offense. The appli-
il 28 cation of the above penalty shall not be held to prevent the
29 enforced removal of prohibited conditions.
30 SECTION 8. If any section, sentence, clause or phrase of
31 this Ordinance is for any reason held by a court of competent
32 jurisdiction to be invalid, such decision shall not affect the
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1„ validity of the remaining portions of this Ordinance. The Common `
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2i Council of the City of San Bernardino hereby declares that it
3~~ would have passed and does hereby pass this Ordinance and each
4', section, sentence, clause and phrase thereof, irrespective of
5 the fact that any one ormore sections, sentences, clauses or
6~ phrases be declared invalid, or unconstitutional.
7 SECTION 9. Ordinance Nos. 1856, 1868, and 2704 are hereby
8 repealed.
9 I HEREBY CERTIFY that the foregoing Ordinance was duly
p.
10 adopted by the Mayor and Common Council of the City of San Bernar-
11 dino at a - meeting thereof held on the
12 day of ~ ~ ~ ~ 1972, by the following
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vote, to wit:
14 ~
AYES : Councilmen / / -'%f " , "
16 NAYS : `i/~- ~ '
17 ABSENT: / iz
18 -
19 Ci y erc
I 20 The foregoing Ordinance is hereby approved this day
I 21 of 1972.
22
23 Ma or C ty ~ San Be ~ rdino
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24 Approved as to form: '
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26 ~ ,/f,C<~r.Q
(P>y ttorney
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