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HomeMy WebLinkAbout3696 I 1 c.:5696 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING THE UNIFORM FIRE CODE (1976 EDITION) TOGETHER WITH THE APPENDIXES "A" THROUGH "G" INCLUSIVE, FOR THE PURPOSE OF PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; AND REPEALING ORDINANCE NO. 3435. 3 4 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 SECTION 1. This ordinance and the code adopted by referenc 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 (1976 Edition) together with appendixes "A" through "G" inclusive, as promulgated by the International Conference of Building Officia~s and the Western Fire Chiefs Association, are hereby adopted by 1 ! 13 14 15 reference as rules and regulations and a code of the City of San 16 Bernardino. Three (3) copies of the aforementioned code and 17 appendixes are on file in the office of the City Clerk of said 18 City and are identified by certificate attached thereto, reading ]9 substantially as follows: 20 "I, LUCILLE GOFORTH, hereby certify that three (3) copies 21 of the annexed code entitled Uniform Fire Code (1976 Edition) are 22 true, correct and complete copies of that certain code referred 23 to in Ordinance No. ~::r/ ~;j, of the City of San Bernardino, I 24 and by said ordinance adopted by reference and made a part 25 thereof as fully as though set forth at length. 26 LUCILLE GOFORTH 27 City Clerk of the City of San Bernardino" 28 1 SECTION 3. The following sections and provisions of 2 said Uniform Fire Code (1976 Edition) are hereby amended to read 3 as follows: 4 section 1.202: The Chief Engineer of the Fire Department 5 is authorized to make and enforce such rules and regulations for 6 the prevention and control of fires and fire hazards as may be 7 necessary from time to time to carry out the intent of this code. 8 Section 1.215 Whenever the Chief shall disapprove or 9 refuse to grant an application for a permit, or when it is 10 claimed that the provisions of this Code do not apply or that the 11 true intent and meaning of this Code have been misconstrued or 12 wrongly interpreted, the applicant may appeal from the decision I III of the Chief to the Board of Fire Commissioners of the City of I',. San Bernardino within thirty (30) days from the date of the decision appealed. 13 14 15 16 The Board shall adopt reasonable rules and regulations 17 for conducting its investigations and shall render all 18 recommendations and findings in writing to the Fire Chief with 19 a duplicate copy to the appellant and may recommend to the Mayor 20 and Common Council such new legislation as is consistent therewith. 21 Section 11.106 (b): The storage of explosive and blasting agents is prohibited within fire zone I and 2 and properties 22 23 zoned for residential and commercial use, except for temporary 24 i II storage for use in connection with approved blasting operations, Ii Ii Ii I: , I , 25 provided, however, this prohibition shall not apply to wholesale 26 and retail stocks of small arms ammunition, explosive bolts, 27 explosive rivets or cartridges for explosive-actuated power 28 tools in quantities involving less than 500 pounds of explosive -2- 1 material. 2 Section 12.101: FIREWORKS shall mean and include any 3 combustible or explosive composition, or any substance or 4 combination of substances, or device prepared for the purpose of 5 producing a visible or audible effect by combustion, explosion, 6 deflagration or detonation and shall include blank cartridges, 7 toy pistols, toy cannons, toy canes, or toy guns in which 8 explosives are used, firecrackers, torpedoes, skyrockets, roman 9 candles, daygo bombs, sparklers or other devices of like 10 construction and any devices containing an explosive substance, 11 ! except that the term "fireworks" shall not include any auto 12 flares, paper caps containing not in excess of an average of 13 twenty-five hundreths (25/l00ths) of a grain of explosive content 14 per cap, and toy pistols, toy canes, toy guns or other devices 15 for use of such caps, the sale and use of which shall be permitted 16 at all times. "Safe and sane fireworks" as defined in Section 17 12504 of the Health and Safety Code of the State of California 18 are excepted from this definition of "fireworks". 19 20 21 22 23 24 25 26 28 Section l2.102 (b): Except as provided by this code or 27 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 amendments 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 fireworks by a jurisdiction, fair associations, amusement parks, -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I 19 i i 20 I! il " " 21 if 'i 22 ii 23 I' II 24 II 25 II Ii 26 ji ~ 27 'I 'I 28 I, ~ , ! , , , ' other organizations, or for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the Chief and shall be of 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 12.102 (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 particular 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 transferrable. Section 15.201 (a): The storage of flammable and com- bustible liquids (all classes) in above ground tanks outside of buildings is prohibited within fire zones I and 2 and all properties zoned residential. section 15.601: No new bulk plant shall be constructed within fire zones I and 2 and properties zoned residential. Section 20.105 (a): The aggregate capacity of anyone installation shall not exceed 2,000 gallons water capacity within the limits of said City. section 27.111: Each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used shall be maintained with an approved spark arrester. -4- 1 An approved spark arrester shall mean a device constructed of 2 stainless steel, aluminum, copper or brass, woven galvanized 3 wire mesh, nineteen (19) gauge minimum, with 3/8" minimum to 4 1/2" maximum openings, mounted in or over all outside flue 5 openings, adequately supported to prevent movement and shall be 6 visible from the ground. 7 Appendix E, Section 7: Each chimney used in conjunc- Ition with any fireplace or any heating appliance in which solid 1 or liquid fuel is used shall be maintained with an approved s~rk 8 9 10 arrester. An approved spark arrester shall mean a device 11 constructed of stainless steel, aluminum, copper or brass, 12 woven galvanized wire mesh, nineteen (19) gauge minimum, with 3/8" minimum to 1/2" maximum openings, mounted in or over all 13 14 i outside flue openings, adequately supported to prevent movement I and shall be visible from the ground. SECTION 4. All officers of the United States Forest 15 16 17 Service, San Bernardino National Forest, shall have the same 18 powers and authority granted to the Chief Engineer and employees 19 of the Fire Department of said,City to enforce the Uniform Fire 20 Code and other laws and rules and regulations pertaining to fire 21 prevention. Said powers and authority shall only apply to areas 22 of said City located within the boundaries of the San Bernardino 23 National Forest. Such officers of the United States Forest 24 25 26 officers, employees and agents assume no liability or responsi- Ibility for their acts or failure to act hereunder; and these , , 27 28 provisions are enacted pursuant to the express representation of, -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 5. (a) Whenever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of San Bernardino. (b) Whenever the term "Corporation Counsel" is used in the Uniform Fire Code, it shall be hcld to mean the City Attorney of the City of San Bernardino. (c) A fireman of the City of San Bernardino, when enforcing 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 830.13 of the Penal Code. (d) Whenever the words "Chief of the Bureau of Fire Prevention" are used, they shall also mean "Fire Marshal" or "Fire Prevention Engineer". SECTION 6. 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 building in violation of any detailed statement of specifica- tions or plans submitted and approved thereunder, or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified shall for each and every such violation be guilty of a misdemeanor, and upon conviction thereof shall -6- 1 be punishable by a fine of not more than five hundred dollars 2 ($500.00), or by imprisonment for a term not to exceed six (6) 3 months, or by both such fine and imprisonment. Such person, 4 i " firm or corporation shall be deemed guilty of a separate 5 offense for each and every day during any portion of which , I, Ii any violations of this ordinance or Code is committed or continued IbY such person, firm or corporation and shall be punishable as 6 7 8 1 herein provided. The imposition of one penalty for any violation I 9 shall not excuse the violation or permit it to be continued; 10 and all such persons shall be required to correct or remedy 11 such violations or defects within a reasonable time; and when 12 not otherwise specified, each ten days that prohibited conditions I are maintained shall constitute a separate offense. The I , I application of the above penalty shall not be held to prevent I , Ii the enforced removal of prohibited conditions. II SECTION 7. If any section, sentence, clause or phrase [ , 13 14 15 16 17 lof this ordinance is for any reason held by a court of competent 18 jurisdiction to be invalid, such decision shall not affect the 19 validity of the remaining portions of this ordinance. The Common 20 Council of the City of San Bernardino hereby declares that it 21 would have passed and does hereby pass this ordinance and each 22 section, sentence, clause and phrase thereof, irrespective of 23 ] the fact that anyone or more sections, sentences, clauses 24 i , lor phrases be declared invalid or unconstitutional. I SECTION 8. Those certain rules and regulations governing licondi tions hazardous to life and property from fire or explosion, I i all as set forth in California Administrative Code, Title 19, II Public Safety, are hereby adopted by reference and made a part 25 26 27 28 -7- I: " 1 " Ii 2 I 3 I i 4 II iI 5 I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hereof as rules and regulations and a code of the City of San Bernardino. Three (3) copies of the aforementioned code are on file in the office of the City Clerk of said City and are identified by certificates attached thereto, rading substantially as follows: "I, LUCILLE GOFORTH, hereby certify that three (3) copies of the annexed code entitled California Administrative Code, Title 19, Public Safety are true, correct and complete copies of that certain code referred to in Ordinance No. ,,?/. q~ . 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." I 1 II adopted by the Mayor and Common Council of the City of San ,I " I' Ii I' 11 :i ii , i! SECTION 9. Ordinance No. 3435 is hereby repealed. I HEREBY CERTIFY that the foregoing ordinance was duly Bernardino at ar7'l/ /'l /(;':;./.~N'fyl~/f.-o/'..u'/";;:V /. ///) ,'~~ day ofl//jthu,...&";I/ , 1977, by the following meeting thereof, held on the /~l vote, to wit: AYES: ~ ~ Councilmen e::"~-;t;/uLd. X:,X.;:>u'Y ,/ ..'/' / '/;// ' / ,L" ,. ~/ ' ~, c . V/L';'?F~;-::t) Y.t'[.d~s:.~...L"",,,; 7! J'~&'/ ~ " cc<./'/ :, .",.uul:',,~.-e/ )y.-~~ ~fli;/$ ./ NAYS: ABSENT: il I II ,i I I I of I II I I i , i , , I ,?;~e~it;~? I ordinance is hereby approved /0~ day The foregoing ~o "/////,C/,y ~no , 1977. -8- DEe 16 19n UCIL~ GOFORTjl. City Clerk .' v/ );, .,- h4",(/"f....,'yl1~b....e" 0""..