HomeMy WebLinkAboutOrdinance 1451 N.C.S. 01/19/1981I
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DEFEATED
ORDINANCE N0. 1451 N.C.;S.
INTRODUCER BY CO,UNCILMAN 'SECONDED BY COUNCILMAN
BATT,AGLIA HARBERSON
AN ORD.INANGE REPEALING THE PREVIO;US'LY ADOPTED
FIRE CODE AND ADOPTING THE IJNIFORM.FI.RE;,CODE,
1979 EDITI'0'N, TOGETHER WITH AMENDMENTS T'H'ERETO.
BE IT ORDAINED B'Y THE GOUNCTL OF THE CITY OF PE-TALUMA AS FOLLOWSc
. Secti on 1. Cha pter 17..20 of, the Pe.tal uma INuni c°i Pal Code i s
hereby repealed. ' ;
Section 2. Ch`apter 17.20, of the Petaluma Muni'cipal Gode is
~hereby added to read as follows:
~
"Chapter 17.20
FIRE CODE
17.20.010 Fire code ad'opted;
There is adop:ted by the city, fo.r the ~purpose of prescribing
r:egulati.ons governing conditions hazard'ous to life and property from
fire or explosi'on, that certairr code known as the U:niform Fire Code,
1979 Edition, recommended by the Western Fi.,re,Ch:iefs Association and
the Internat-ional Gonference of Buil~di`ng Officia.ls,,~ and the whole
t'fieneof:, save and except such portions as are deleted, modified or
amended by.this ch~apter, not less than three copies of which code ha~.e
been and are now fi?`led in the offi'ce of the clerk of the. city, and the
same are adopted; and incorporated as~fuTly as a'f set out at lengtb in
th:is- cha'pter', an`d from the effective da;te.of t'his section, the provisi,ons
•thereof shal';1 be controlling wi~thin the limits o~f the city.
'0~R D~ ~I~ N A'~N~~C'E D~E~;F ~E~A TE D,
OR~D 1451
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17.020.020 Establishment and duties of bureau of fire prevention.
A. The Uniform Fire Code shall be enfo.rced.by the bureau of fire
prevention in the fire department of the city, which is continued
and which shall~ be operated under the supervision of the chief of
the fire department.
6. The fire marshal shall be a ppointed by the city manager, u pon the
recommendation of the chief of the fire department, on the basis
of examination to determine his qualifications.
C. The chief of the fire department may detail such members of the
fire department as inspectors as shall from time to time be necessary.
The chief of the fire department sha]1 recommend to the city
manager the employment of technical inspectors, whose qualifications
shall be determi'ned, and a ppointment made as determined by the
city manager.
BUILDING AND CONSTRUCTION
17.20.030 Definitiorrs.
Whenever used in the Un'i:form Fir~ Gode, the f.ollowing wards and
phrases shall have the meanings ascri,bed to them in this section:
A. Chief of the bu.reau of fire preVentiqn means the fire ma.rshal.
B. Corporation coansel means the attorney for the city.
C. Jurisdiction means the city.
17.20.040 Establishment o:f limits of districts in which storage of
flammable or combustible Tiquids in outside 'aboveground
tanks .is_to be prohibited..
A. The limits referred to in Section 79,201A of the Uniform Fire Code
in which storage of flammable or combustible liquids in outside
aboveground tarrks is prohibi`ted, are established as being Fire
Zones 1 and 2.
B. The limits referred to in Section 79:6Q1 of the Uniform Fire Code,
in which new bulk plants for fl,ammabl`e or combustible liquids are
prohibited, are established as being 'Fire Zone 1.
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17.20.050 Establishment of limits in which bulk storage of liqaefied
pe.troleum gases is to be restricted.
The limits referred to in S"ection 8Z.'105A of the Uniform Fire
Code, in which bulk storage of liquefied gas is restricted, are established
as being Fire Zone 1.
17.20.060 Establishmen~t_of limi.ts of :d-istricts in which storage of
explosives and blasting agents is to be prohibited.
The limits referred to in Section 77,1~06b of the Uniform Fire
Code, in which storage of explosives and blasti`ng agents is prohibited,
are established as being all areas except.M-G, General Industrial
Districts as shbwn in the Petaluma Zoning 0rdinance.
17.20.070 Amendments made in the Uniform Fire Code.
The Uniform F`ire Code is amended and changed in the following
respects:
A. Section 4.1Q8 is hereby added to the Uniform Fire Code to read as
follows:
Permit fees shall be established by reso.lution of the City Council.
B. Section 10.207A o'f the Uniform Fire Code is hereby amended to read
as follows:
10.207A All buildings or portions of buildings located in excess
of 150 feet from a public street shall be provided with access
roadways approved by the Fire Department and conforming to the
following s.peci'fications:
1. 20 feet minimum unobstructed width and 13 feet 6 inches
vertical height.
2. Driving surface sha1T be capable of supporting 16 tons minimum
load in a1T weather conditions.
3. Vertical and horizontal curvature and turn-around radius
sha:ll be adequate to accommoda~te fire apparatus. (Specifications
on file in City Engineering office.)
4. Priva.te; dead-end streets sha:ll not exceed 350 feet in length
('o'r 350 feet between turn around points) and shall include a
turn around at its terminati~on point.
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C. Section 10.307A is amended and changed to read as follows:
(1) Alarm Systems
Every apartment house and ho°tel, cons:tructed or remodeled
after ,the e'ffective date of this code, shall ha~e installed throughout,
an approved automatic fire al.arm system, designed to warn the
occapants of the building in the~ ev.en't of a fire. Such fire alarm
system shall be so, designed that all occu pan:ts af the building
will be warned s,imultaneously.
(2) Products of Com6ustion Detectors
a. No person or persons shall buy or otherwise recieve
legal or equ'itab`le title in real property'or permat a change of
tenancy in owned real property improved,with one or more dwellings
or apartments ca.pab1e :of. human habitati`on ~un:less there is installed
therei~n one or more produc-ts of combust°i:on de:tectors (commonly
called a"smoke de:tector"), listed by U,nderwriter's Laboratories
or a s'imi l ar test`~i'ng or,gan:i za~ti on and l i sted by the State Fi re
Marshal, except that n'o sueh device shall be sensiti~ve to heat
only. Such deviees shall be instal'led in the same locations
required by.the BuiTding Code for new s~~tructures; and may be
powered by~ba:ttery, house carren~t or any means authorized for such
devices. No owner of' residential real. pro'per`ty shal l maintain the
same after July 1, 1983, unless suc_h produc~ts of combustion detectors
are installed as' herein set out.
b. Every person who buys or who per.mi.ts a change of tenancy
in owned resi:dential real property as described he:rein shall
certi fy, by aec.l a;r, ati:on made under penal ty of perjury , that thi s
section has been complied with and the detecto,r or detectors
required by thi;s sectiop has or have been ins~talled in and are
operational i:n said dwelling, to the standards set out herein.
The original said certificate shall be forwarded to the Petaluma
Fi re Rrev~enti o'n Bu reau .
D: Sec:tion 10,309A of the Unifo,rm Fi;re Cod'e.is hereby amended to read
as folTows:
i0.309A Fire extinguishing sys~tems.
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~ 1. Automatic s pri.nkTer systems shall be installed throughout all
new buildings 10,000 or more square feet in area or four
stories in height and in all new build'ings that will house an
occupancy which in the opinion of the Fire Chief, may create
a su6stantial threat to life or property. Such systems will
be installed in acco,rdance.with N.F.P.A.* Pampblet No. 13 and
will be su pervised by an automati,c transmission of an alarm
to the Petaluma Fire De partm`en,t or an approved central receiving
station. It shall not be the i~ntent o:f th:is requirement to
reduce the more restrictiue requireme.n,ts of Chapter 38 of the
1979 Uniform Bui1ding Code.
2. In attached structures, area separation walls shall not be
substituted for the required sPrinkler system. The Fire
Chief may prescribe additional regula~t`ions relative to sprinkler
systems.
*National Fire Protection Associ:ation.
E. Section 78.102B of the Uniform Fire Cod`e is hereby amended to read
as follows:
78.102B Except as hereinafter provid'ed, i`t shall be unlawful for
any person to possess, store; to offer for sale, expose for sale,
sell at re,tail, or use or explode any firewo"r,ks; provided that the
Fire Chief shall have power to adopt reasonable rules and regulations
for the granti ng of permi ts for su"pervi sed publ. i c di s pl ays of
fireworks by:a jurisdiction, fair assoc.iations, amusement parks,
other organizations or for the use of fireworks by artisans in
pursuit of their trade. Every such use or dis play shall be handled
by a competent operator approved by the Fire Chief, and shall be
of such ch'aracter and so located, discharged or fired as in the
o pi:nion of the Fire Chief, after proper investigation, so as not
to be hazardous to the property or endanger any person.
Safe and.S'ane Fireworks. During the period begi,nning 12:00 noon
Jun'e 2'8th and ending 12:00 none on July 6th fireworks classified
by the Ca]ifornia State Fire Ma~rshal as 'Safe and Sane' fireworks
may be sold, possessed and diseharged,. Sale, possession and
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~ discharge, during this period shall be in compliance with all
other applicable state and local regulations.
F. Section 10.3O1F is hereby added to the Uniform Fire Code to read
as follows:
10.301F. Occu"pancies which ma`ir~tain, process or use haza~rdous
chemicals or materials shall provide all specialized fire protection
supplies, equi'pment .and r~aterials needed for the_ eontainment and
abatement of any emergency situation invo`lving their hazardous
materials as direc.ted by the Fire Chief.. These occupancies shall
make available to the Fire Department at all times a chemical or
materials consult'ant familiar with their types of hazards.
G. Section 47.106 of the Uniform Fire Code is hereby amended to read
as follows:
47.106. Where a flammable or poisonous gas or substance giving
rise to a flammable gas is used for fum:igation, the permittee
shall be required to have 24-hour supervision from the time the
premises have been fumigated unti1 all ventilation work has been
completed (approued gas ty pe vaults or tanks are excepted from
this requirement).
H. Section 11.101 of the Uniform Fire Code is hereby amended to read
as follows:
(A) O pen burning prohibited. 0 pen burning within the corporate
limits of the Ci°ty of Petaluma, including incinerators, is prohibited,
except for burning in anits which com ply with the Say Area Quality
Management District's standards.
(B) Barbecues are exempted. The above restriction shall not
a pply to barbecues provided the barbecu.e sha.ll not be used for
burning rubbish, pap~rs, boxes, grass, brush, or any other combustible
materials, except charcoal, natural gas or other materials commonly
used in barbecues for cooking purposes.
(C) Commerc.ial industrial burning. The Fire Department may issue
permits for commercial or industrial burning of combustible waste
ma~terial, orehard prunings, or standi~ng vegetation during hours
s pecified by the Fire Depa;rtment when in accordance with the Bay
Area Air Quality Management Dis"trict's standards. Such exemption
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shall be set forth in the permi"t issued by the Fire Prevention
Bu reau .
(D) Special Permits. A special permit is requi:red for recreational
bonfires which shall be restricted to the hours as set forth in a
permit issu;ed by the Fire Prevention Bureau.
(E) Chief may prohibit. The Chie:f may, prohibit any or all bonfires
and outdoor rub6ish fire when atmospheric conditions or local
circumstances make su'ch fires hazardbus.,
I. Sections 11.106A and B of the Uniform ;Fire Code are hereby deleted.
J. Section 11.201 of`the Uniform Fire Code is hereby amended by
adding thereto su,bsec.tion (D) to read as;foTlows:
11.201D. Removal_ ;of debris after fi:re~. Al l: ru'bbl e, waste rubbi sh
and other materials lyang u pon any premised wi`thin this city',
having been accumul`ated theroa by reason of a fire, and hav.ing
been rendered useless thereby, shall be removed therefrom within
ten (10) days .after noti ce to do , so has. been g i'ven , i n wri ti`~ng , to
the owner of the premises or his au.thorized representative, by the
Fire Chief or his authorized repre`sentative.,
K. Section 11.2Q1 of the Unifo;rm 'Fire Code is hereby amended by
adding thereto subsec:tion (E) to read as follows:
(E) Waste disposal containers or tem porary storage of combustible
waste in commerci.al busine,sses, hotels and apartment oc,cupancies
shall not be located within 5 feet f.rom a line run vertically from
the outer edge of a combustible roof eav:e~or overhang of a single-
story structure nor within 5 feet of a combus'ti61e exterior wall
or opening, unless su;ch sto,rage area is ,provided with domestic
fire sprinkler pro,tect'i`on a:Pproved by ,the fire department.
O penings for the p~ rpose of this secti;on~shall mean any wall
Penetrations, d_oors, windows and vents.
L. Sec~t'io:n 11.,207 i~s hereby added to the llnif.orm Fire Code to read as
follows:
Sect~on 11.20J. Parade Floa.ts
(a) For permits to cons~truct or o;perate a parade float, see Section
4~ .10`1 ~. ~ ~ ~
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(b) A11 decorative materials shall be fire resistive or flame
retardant.
(c) All motorized apparatus shal'1 be provided with an approved
portable fi.r.e extinguisher of at least 2-A:10-B:G rating readily
accessible to the operator.
M. Section 4,.101 of the Uniform fire"Code is hereby amended by adding
the following ther.eto:
Parade Floats. T.o construct or use a pa:rade float for public
performance, presentation, spectacle, entertainment or parade.
See Section 11.,207.
N. Section 9.118 of the lJniform Fi're Cod;e is hereby amended by adding
the foTlowing thereto:
Parade Float i,s a unit especially des'igned or constructed for use
in conjuncti:on with a parade or public gathering.
0. Section 79.7036 is amended and changed to rea`d as follows:
(b) Supervisi'on. 'The di.spensing of Classes I and II liquids into
the fuel tanK of a vehicle or into a conta:iner shall at all times
be under the su pervisi`on of a quali~fied attend'ant.
Su pervisi:on by a qualified attendant is not required for a
service s.tation which is not open to.the ~ blic and which is used
only by and on the premises of an individual commercial, industrial,
governmental or manufacturing establishment for fueling vehicles
used in connection with its business.
The attendant's primary function shall be to sapervise,
observe and control the dispensing of Classes I and II liquids
while said liqu`ids are being dispensed. It shall be the responsibility
of the attendant.to prevent the dispensing of Classes I and II
liquids intq_.porta.b-le c.ontainers not in compliance with Section
79=.702 {d), contro] sources of ignition, and' to immediately handle
accid.ental spills and fire extinguishers, i:f needed.
If the dis:pensing of Classes I and I'I liguids at a service
sta.tion available and open to the public i`s to be done by a person
other than the service stati:on attendant, the nozzle shall be a
listed automatic-closing type.
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P. Article 85 is hereby added to the Uniform Fire Code to read as
follows:
ARTICLE 85
ELECTRICAL
Scope
Section 85.101. Th'is article shall apply to all electrical appliances,
motors or wiring installation, whether permanent or temporary, creating
electrical hazards.
Definitions
Section 85.1Q2. For the purposes of this article, certai`n terms are
defined as fo:llows:
APPLIANCE is a device or machine that is o perated by electricity to
perform a specific task.
APPLIANCE CORD is wiring which is attached to the applicnce in accordance
with the manafacturer's design.
ELECTRICAL HAZARD is any wiring, motor on a ppliance that is sparking,
arcing, sparking around receptacles or cords, cmoking, heated insulation
or any other indications that an eleetrical shoek or fire may be imminent.
EXTENSION CORD is wi'ring of any length which has one male plug on one
end and one or more female plugs on the other.
h1ULT1-PLUG ADAPTER is any device that plugs into a receptacle and
allows that receptacle to supply power to more appliances than that for
which is was origi°nally designed. Exampless such as cube adapters,
strip plugs and multi-plug extension-cords.
PERMANENT i,s any wiring or equipnent affixed to a structure in accordance
with the Electrical Code.
REG~EPTACLE is an electrical wall outlet designed for use with a plug or
eonnector for the purpose of supplyi,ng electrica] power to an appl iance.
TEMPORARY is:any wiring or equipment wh.ich i~-s used on a limited basis
as determi'~ned by the chief, such as during construction or with any
portable appliance in immediate use.
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Abatemen't of El~ectr.i,cal Hazards ~
Section 75.103. When any electrical hazards exist, immediate measures
to abate such conditions shall be taken. Al1 hazardous electrical
conditions are to be brought to the attention of the chief or his
representative and the autho:rity enforci:ng .the Electrical Code shall be
notified.
Hazardous Areas
Section 85.104. Areas o:r rooms whicii may h'ade flammable or explosive
atmosphere shall comply with the Electrical Code,for hazardoas location.
Electrical Motors
Section 85.I05. Al1 electrical motors shall be maintained in a clean
manner, free from accumulations of oil, d'irt, waste and other debris.
A roved Electrical A .liances
Section 85.106. A11 el.ec.trical appl i'ances 'shal l: c;onform to the Electrical
Code. No person shall sell, offer for sale, rant, give, make available
for use, or dispose of by gift or premi`:um any electrical appliance
unless it is a p:proved.
Extensi;on Cords .
Section 85.107. (a).'Extension cords a're prohibited for permanent use.
(b) Extension cords are permitted only with portabl,e appliances
while in immediate:use in accordance with the following:
1. There i,s~to be only one extension eord to, the appliance.
Each extension cord must plug directly into an approved receptacle
outlet.
2. The size of the wire must be the same si,ze or larger than the
cord on the appl i;ance.
3. Extension cords must be maintained in good' condition without
spTi~ces, deterioration or damage.
4. All extension cords shall be grounded when ser~icing grounded
a ppl i anc:es .
5. Ext'ension cords and/or appliance cords:shall 'not extend
through wall-s~; cei'lings, floors or under doors or floor coverings.
Mu l ti.- pl-u,g Ad:a pters
Secti',on 85.108°. the use of mul t-i'- pl u:g ad~a pters such as mul ti - pl ug
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extension cords, cube ,ada-pters, strip plugs or any other device that
d'oes not com ply with this code or the Electrical Code is prohibited.
Installations
Section 8'5.109. Installations of electrical motors, appliances or
wiring shall be in accordance with the Electrical Gode and the manufacturer's
design.
Maintenance
Section 85.110. It shall be unlawful to maintain any electrical motors,
a ppliance, wiring or de~ice in violation of this:code or the Electrical
Code.
(a) A minimum of 30 inches of clea,rance i;s to be provided in front
of electrical circuit panel~s and equipnent.
(b) A11 items cove;red in the scope of thi,s ar.ti.cle shall be maintained
in a safe condition.
(c) All wiring shall be secured in an approved manner.
(d) There shall be no visible damage to el`ectrical motors, appliances
or wiring.
17.20.080. Appeals.
Whenever the chief disa pproves an application or refuses to grant
a permit applied for, or when it is cl:~'aimed that the pr.ovi5ions of the
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 appeals, which is designated
to be the board of building review as heretofore established and
a ppointed according to Cha pter 17.08 of this code, within thirty days
from the date of the decision appealed. The fire chief shall act as
secretary of the board when it is hearing appeals eoncerned with the
Uniform Fire Code.
17.20.090 New materials, processes or occupancies which may require
permits.
The city manager, the chief and the chief of the bureau of fire
prevention shall act as a committee to. de:termine,and specify, after
giving affected persons an opportuni~ty to be heard, any new materials,
processes or occupancies, which shall requi,re permits, in addition to
those now enumerated in the code. The chief of the bureau of fire
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~ prevention shall post such list in a conspicuous place in his office,
and distribute copies thereof to interested persons."
Section 3. If any section, su6sectiqn, sentence, clause or phrase
or word of this ord;inance is for any reason held to be unconstitutional
by a court of compet~nt ju°risdieti;oh, such decis'ion shal] not affect
the validity of the remaining portions of this ordinance. The City
Council of the Gity of Petaluma :hereby decl;ares that it would have
passed and adopted this ordinance and each and all provisions thereof
irrespective of the fact that any one or more of sai:d provi.:sions be
declared unconstiti'ional.
Secti on 4. The Ci ty Cl erk is hereby di!ree.ted • to post/ publ i sh thi s
ordinance for the period and in the manner r:equired by the City Charter.
INTRODUCED and ordered posted ". thi`s 15th day of De.cember , 1980.
DEFEATE;D. ~kDE}P~-E~this ~t ~ day of January;1981 ;~:Y tfie foTlowing vote:
AYES: Co~t+~~aa~ne~a-=Re~~~+fHe~~ew~e~f~e~.~~~}ee=P~a,~ew-8a~~a~}}afEea~e:}}~e~-~a~sbawf':
Eaaa~a,~b f
NOES: Councilmen Perry/Harberson/,ond/Vice=Mayor Battaglia/Councilmen Balshaw/
Cavanagh/Mayor Matt~i ,% /~ ~
ABSENT: NONE
Mayor
Attest,/ ;~'~
' ,~
City Clerk
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ORD 145:1.
Approved:
Ci ty Attorney