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ORDINANCE NO. 3 t.5 S"
ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING THE
UNIFORM FIRE CODE (1973 EDITION) TOGETHER WITH THE APPENDICES
A THROUGH E INCLUSIVE, FOR THE PURPOSE OF PRESCRIBING REGULATIONS
GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR
EXPLOSION; ESTABLISHING A BUREAU OF FIRE PREVENTION; AND REPEAL-
ING ORDINANCE NO. 3255.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BE~~AR-
6 DINO DO ORDAIN AS FOLLOWS:
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SECTION 1. This ordinance and the code adopted by re-
8 ference herein shall be known as the "Uniform Fire Code".
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SECTION 2. Those certain rules and regulations govern-
10 ing conditions hazardous to life and property from fire or ex-
11 plosion, all as set forth in a certain code entitled Uniform
12 Fire Code (1973 Edition) together with appendices A through E
13 inclusive, as promulgated by the International Conference of
14 Building Officials and the Western Fire Chiefs Association, are
15 hereby adopted by reference as rules and regulations and a code
16 of the City of San Bernardino. Three (3) copies of the afore-
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mentioned code and appendices are on file in the office of the
City Clerk of said City and are identified by certificates
attached thereto, reading substantially as follows:
"I, LUCILLE GOFORTH, hereby certify that
three (3) copies of the annexed code entitled
Uniform Fire Code (1973 Edition) are true,
correct and complete copies of that certain
code referred to in Ordinance No. ~~~~
of the City of San Bernardino, and by said
ordinance adopted by reference and made a part
thereof as fully as though set forth at length.
City
LUCILLE GOFORTH
Clerk of the City of
San Bernardino"
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SECTION 3. The following sections and provisions of
said Uniform Fire Code (1973 Edition) are hereby amended to read
as follows:
"Section 1.202: The Chief Engineer of the Fire Depart-
ment is authorized to make and enforce such rules and regulations
for the prevention and control of fires and fire hazards as may
be necessary from time to time to carry out the intent of this
code.
section 1.203: The Uniform Fire Coqe shall be enforced
by the Bureau of Fire Prevention in the Fire Department of said
City, which is hereby established, and which shall be operated
under the supervision of the Chief Engineer of the Fire Departmen
A report from the Bureau shall be made annually to the
Chief Engineer of the Fire Department; it shall contain all pro-
ceedings under this Code with necessary statistics. The report
shall also include any desirable recommendations for amendments
to the Code.
Section 1.204(a): The Fire Prevention Engineer or the
authorized representative of the Chief Engineer shall be in
charge of the Bureau of Fire Prevention. He may also be known
as the Fire Marshal.
Section 1.215: Whenever the Chief shall disapprove or
refuse to grant an application for a permit, or when it is claim-
ed that the provisions of this Code do not apply or that the true
intent and meaning of the Code have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision of the
Chief to the Board of Fire Commissioners of the City of San Ber-
nardino within thirty (30) days from the date of the decision
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appealed.
The Board shall adopt reasonable rules and regulations
for conducting its investigations and shall render all recommen-
dations and findings in writing to the Fire Chief with a duplicate
copy to the appellant and may recommend to the Mayor and Common
Council such new legislation as is consistent therewith.
Section 11.106(b): The storage of explosive and blasting
agents is prohibited within fire zones 1 and 2 and properties
zoned for residential and commercial use, except for temporary
stora~e for use in connection with approved blasting operations,
provided, however, this prohibition shall not apply to wholesale
and retail stocks of small arms ammunition, explosive bolts, ex-
plosive rivets or cartridges for explosive-actuated power tools
in quantities involving less than 500 pounds of explosive material
Section 11.201(b): Magazines shall be in the custody
of a competent person at all times who shall be held responsible
for compliance with all safety precautions.
section 11.302(i): Vehicles transporting explosives
shall be in the custody of drivers who are physically fit, careful
capable, reliable, able to read and write the English language,
not addicted to the use or under the influence of intoxicants or
narcotics, and not less than eighteen (18) years of age. They
shall be familiar with state and municipal traffic regulations
and the provisions of this Code governing the transportation of
explosives.
Section 12.101: FIREWORKS shall mean and include any
combustible or explosive composition, or any substance or combin-
ation of substances, or device prepared for the purpose of pro-
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ducing a visible or an audible effect by combustion, explosion,
deflagration or detonation and shall include blank cartridges,
toy pistols, toy cannons, toy canes, or toy guns in which explo-
sives are used, firecrackers, torpedoes, skyrockets, roman candle,
daygo bombs, sparklers or other devices of like construction and
any devices containing any explosive or flammable compound, or
any tablet or other device containing an explosive substance,
except that the term 'fireworks' shall not include any auto
flares, paper caps containing not in excess of an average of
twenty-five hundreths (25/100ths) of a grain of explosive content
per cap, and toy pistols, toy canes, toy guns or other devices
for use of such caps, the sale and use of which shall be per-
mitted at all times. 'Safe and sane fireworks' as defined in
Section 12504 of the Health and Safety Code of the State of Cal-
ifornia are excepted from this definition of 'fireworks'.
Section 12.102(b): Except as provided by this Code or
in the current ordinance entitled 'An Ordinance of the City of
San Bernardino Regulating Storage, Use and Sale of Safe and Sane
Fireworks Within Said City', or other ordinances, laws or amend-
ments thereto hereinafter enacted, it shall be unlawful for
any person to store, to offer for sale, expose to sale, sell at
retail or use or explode any fireworks; provided that the Chief
shall have power to adopt reasonable rules and regulations for
the granting of permits for supervised public display of fire-
works by a jurisdiction, fair associations, amusement parks,
other organizations, or for the use of fireworks by artisans in
pursuit of their trade. Every such use or display shall be hand
led by a competent operator approved by the Chief and shall be 0
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such character and so located, discharged or fired as in the
opinion of the Chief after proper investigation so as not to be
hazardous to property or endanger any person.
Section l2.l02(c): Applications for permits for super-
vised public displays of fireworks shall be made in writing at
least ten (10) days in advance of the date of the display. A
permit shall not be issued unless the person applying for the
permit has first obtained a license from the State Fire Marshal,
as provided by the State Health and Safety Code to do the particu-
lar act or acts described in the permit. After such permit shall
be granted, sale, possession, use or distribution of fireworks
for such display shall be lawful for that purpose only. No
permit granted hereunder shall be transferable.
Section l5.20l(a): The storage of flammable and combus-
tible liquids (all classes) in above ground tanks outside of
buildings is prohibited within fire zones 1 and 2 and all proper-
ties zoned residential.
Section 15.601: No new bulk plant shall be constructed
within fire zones 1 and 2 and properties zoned residential.
section 20.l05(a): The aggregate capacity of anyone
installation shall not exceed 2,000 gallons water capacity within
the limits of said City.
section 26.115: Open flame - No open flame devices shall
be used except:
(a) Where necessary for ceremonial purposes, the
inspection authority may permit open flame lighting
under such restrictions as may be deemed necessary
to avoid danger of ignition of combustible materials
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or injury to occupants.
NOTE: Lighted candles carried by children present a
hazard too great to be permitted for any cause.
(b) Open flame devices may be used on stages where
they are a necessary part of theatrical performances
and provided adequate safeguards as deemed necessary
by the inspection authority are taken to prevent
ignition of any combustible materials."
SECTION 4. Said Uniform Fire Code is hereby amended by
deleting the following sections and provisions:
v Section 26.116
SECTION 5. Said Uniform Fire Code is hereby amended by
adding thereto the following sections and provisions:
"section 13.103: NEW MATERIALS, PROCESS OR OCCUPANCIES
WHICH MAY REQUIRE PEfu~ITS. The Chief of the Fire Department and
the Chief of the Bureau of Fire Prevention shall act as a committe
to determine and specify, after giving affected persons an oppor-
tunity to be heard, any new materials, processes or occupancies
which shall require permits in addition to those now enumerated
in said Code. The Chief of the Bureau of Fire Prevention shall
post such list in a conspicuous place in his office and distribute
copies thereof to interested persons."
SECTION 6. All officers of the united States Forest
Service, San Bernardino National Forest, shall have the same
powers and authority granted to the Chief Engineer and employees
of the Fire Department of said City to enforce the Uniform Fire
Code and other laws and rules and regulations pertaining to fire
prevention. Said powers and authority shall only apply to areas
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of said City located within the boundaries of the San Bernardino
National Forest. Such officers of the United States Forest
Service shall not be construed to be agents, representatives or
employees of said City; and said City, its boards, commissions,
officers, employees and agents assume no liability or responsibil-
ity for their acts or failure to act hereunder; and these provi-
sions are enacted pursuant to the express representation of, and
with the understanding by the Federal government that said City,
its boards, commissions, officers, employees and agents shall be
saved and held harmless from such liability or responsibility.
SECTION 7. (a) Whenever the word "jurisdiction" is used
in the Uniform Fire Code, it shall be held to mean the City of
San Bernardino.
(h) Whenever the term "Corporation Counsel" is used in
the Uniform Fire Code, it shall be held to mean the City Attorney
of the City of San Bernardino.
(c) A fireman of the City of San Bernardino, when enfor-
cing the Uniform Fire Code and other laws, rules and regulations
relating to fire prevention, shall be deemed to be a "peace
officer" as those words are used in Section 830.3 of the Penal
Code.
(d) Whenever the words "Chief of the Bureau of Fire Pre-
vention" are used, they shall also mean "Fire Marshal" or "Fire
Prevention Engineer".
SECTION 8. Any person, firm or corporation, whether as
principal, agent, employee or otherwise, violating or causing the
violation of any of the provisions of this ordinance or Code, or
violating or failing to comply with any order made thereunder, or
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1 building in violation of any detailed statement of specifications
2 or plans submitted and approved thereunder, or any certificate or
3 permit issued thereunder and from which no appeal has been taken,
4 or who shall fail to comply with such an order as affirmed or
5 modified shall for each and every such violation be guilty of a
6 misdemeanor, and upon conviction thereof shall be punishable by
7 a fine of not more than five hundred dollars ($500.00), or by
8 imprisonment for a term not to exceed six (6) months, or by both
9 such fine and imprisonment. Such person, firm or corporation
10 shall be deemed guilty of a separate offense for each and every
11 day during any portion of which any violations of this ordinance
12 or Code is committed or continued by such person, firm or corpor-
13 ation and shall be punishable as herein provided. The imposition
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of one penalty for any violation shall not excuse! the violation
or permit it to be continued; and all such persons shall be
required to correct or remedy such violations or defects within
a reasonable time; and when not otherwise specified, each ten
days that prohibited conditions are maintained shall constitute
a separate offense. The application of the above penalty shall
not be held to prevent the enforced removal of prohibited condi-
tions.
SECTION 9. If any section, sentence, clause or phrase
23 of this ordinance is for any reason held by a court of competent
24 jurisdiction to be invalid, such decision shall not affect the
25 validity of the remaining portions of this ordinance. The
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Common Council of the City of San Bernardino hereby declares that
it would have passed and does hereby pass this ordinance and
each section, sentence, clause and phrase thereof, irrespective
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1 of the fact that anyone or more sections, sentences, clauses
2 or phrases be declared invalid or unconstitutional.
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SECTION 10. Ordinance No. 3255 is hereby repealed.
4 I HEREBY CERTIFY that the foregoing ordinance was duly
5 adopted by the Mayor and Common Council of the City of San Bernar-
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dino at a
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the S~.
.~~~...
ol7~
, 1974, by the following vote,
meeting thereof held on
day
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to wit:
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AYES: Councilmen
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NAYS:
ABSENT:
'.~ "
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~,:'tf~. ....
ordinance is hereby appr ed this t;l!
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The foregoing
ar~
, 1974.
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day of
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BernardJ.no
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